QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.873Different kinds of type 2 vehicle related offences committed before and after commencement
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### sec.873 Different kinds of type 2 vehicle related offences committed before and after commencement
This section applies if—
before the commencement, and within the relevant period, the driver of a motor vehicle—
has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and
for each of the charges mentioned in subparagraph (i)—
the charge has not been decided; or
the driver has been found guilty; and
after the commencement, the driver is charged with having committed a type 2 vehicle related offence of a different kind from a type 2 vehicle related offence mentioned in paragraph (a)(i).
A police officer may not impound a motor vehicle under section 74C, 74D or 74E of the post-amended Act on the basis that the driver has been charged with, or found guilty of, having committed a type 2 offence mentioned in subsection (1)(a)(i).
For this section, a type 2 vehicle related offence is of a different kind to another type 2 vehicle related offence if each offence is described in a different paragraph of the definition of type 2 vehicle related offence in section 69A(2).
In this section—
relevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of not more than 3 years before a type 2 vehicle related offence the person is charged with having committed after the commencement.
s 873 ins 2013 No. 15 s 78
(sec.873-ssec.1) This section applies if— before the commencement, and within the relevant period, the driver of a motor vehicle— has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and for each of the charges mentioned in subparagraph (i)— the charge has not been decided; or the driver has been found guilty; and after the commencement, the driver is charged with having committed a type 2 vehicle related offence of a different kind from a type 2 vehicle related offence mentioned in paragraph (a)(i).
(sec.873-ssec.2) A police officer may not impound a motor vehicle under section 74C, 74D or 74E of the post-amended Act on the basis that the driver has been charged with, or found guilty of, having committed a type 2 offence mentioned in subsection (1)(a)(i).
(sec.873-ssec.3) For this section, a type 2 vehicle related offence is of a different kind to another type 2 vehicle related offence if each offence is described in a different paragraph of the definition of type 2 vehicle related offence in section 69A(2).
(sec.873-ssec.4) In this section— relevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of not more than 3 years before a type 2 vehicle related offence the person is charged with having committed after the commencement.
- (a) before the commencement, and within the relevant period, the driver of a motor vehicle— (i) has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and
- (i) has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and
- (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and
- (A) the charge has not been decided; or
- (B) the driver has been found guilty; and
- (b) after the commencement, the driver is charged with having committed a type 2 vehicle related offence of a different kind from a type 2 vehicle related offence mentioned in paragraph (a)(i).
- (i) has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and
- (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and
- (A) the charge has not been decided; or
- (B) the driver has been found guilty; and
- (A) the charge has not been decided; or
- (B) the driver has been found guilty; and