Clause 10 - Offences
Traffic Management Bill
5:30 pm
Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)
Amendments Nos. 14, 16 and 18 would adjust the maximum terms of imprisonment that may be imposed for offences under clause 10. In specifying those terms, we had regard to the new Home Office policy on magistrates court sentencing powers, as provided for in the Criminal Justice Act 2003. We do not want any departure from that. The new sentencing regime is designed to provide that, eventually, all imprisonable summary offences should carry a maximum term of imprisonment of 51 weeks.
An offender sentenced to a 51-week term would be released on licence after not less than two and not more than 13 weeks followed by a licence period during which the offender would be obliged to comply with the requirement specified by the court, such as a supervision requirement.
Amendments Nos. 15, 17 and 19 would prevent the relevant offences to which they relate from carrying the possibility of both a term of imprisonment and a fine being imposed. In determining the appropriate penalties, we followed the example of section 46 of the Police Reform Act 2002, which permits both such penalties being imposed in similar offences against community support officers. We therefore hope that the Committee will agree that the lesser penalty for offences against traffic officers is not desirable and so see no reason to depart from it.
Amendment No. 82 is unnecessary as the subsequent designation or other empowerment of a traffic officer would not have the retrospective effect that it fears.