Crime (International Co-operation) Act 2003

56 Application of section 57 U.K.

(1) Section 57 applies where—

(a) an individual (“the offender”) who is normally resident in the United Kingdom is convicted in another member State of an offence falling within subsection (5),

(b) no appeal is outstanding in relation to the offence,

(c) the driving disqualification condition is met in relation to the offence, and

(d) the offender was duly notified of the proceedings (“the relevant proceedings”) in which the disqualification was imposed and was entitled to take part in them.

(2) The driving disqualification condition is met—

(a) in relation to an offence falling within subsection (5)(a), if, as a result of the offence, the offender is disqualified in the State in which the conviction is made,

(b) in relation to an offence falling within subsection (5)(b), if, as a result of the offence, the offender is disqualified in that State for a period not less than the minimum period.

(3) For the purposes of this section an offender is disqualified in a State if he is disqualified in that State for holding or obtaining a licence to drive a motor vehicle granted under the law of that State (however the disqualification is described under that law).

(4) The minimum period is—

(a) a period of six months, or

(b) where the State in which the conviction is made is a prescribed State, a shorter period equal to the period prescribed in relation to that State.

(5) An offence falls within this subsection if it is constituted by—

(a) conduct falling within any of paragraphs 1 to 5 of the Annex to the convention on driving disqualifications, or

(b) other conduct which constitutes a road traffic offence for the purposes of that convention.

(6) Section 57 does not apply if the relevant proceedings were brought later than the time at which summary proceedings for any corresponding offence under the law of the part of the United Kingdom in which the offender is normally resident could have been brought.

(7) An offence is a corresponding offence if—

(a) the conduct constituting the offence outside the United Kingdom took place in any part of the United Kingdom, and

(b) that conduct is, or corresponds to, conduct which would constitute an offence under the law of that part.

(8) The appropriate Minister may make regulations treating offences under the law of a part of the United Kingdom as corresponding to offences under the law of a member State other than the United Kingdom.

(9) For the purposes of this section no appeal is outstanding in relation to an offence if—

(a) no appeal is brought against an offender’s conviction of the offence, or any decision made as a result of his conviction, within the time allowed for making such appeals, or

(b) such an appeal is brought and the proceedings on appeal are finally concluded.

Commencement Information

I1 S. 56 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)