9Determination of “first offence” and “second or subsequent offence”

9 Determination of “first offence” and “second or subsequent offence”

9 Determination of “first offence” and “second or subsequent offence”

(cf DL Act, ss 25(5) and 25A(11); Gen Act, s 96; STM Act, cl 2 of Dict)

(1) Application of section This section applies to the determination of whether an offence against a provision of this Act or the statutory rules is—

(a) a first offence, or

(b) a second or subsequent offence.

Note.

The Act and the statutory rules provide in some cases for different penalties or disqualification periods, or for forfeitures or the making of mandatory interlock orders, in connection with an offence depending on whether a particular offence is a first offence or a second or subsequent offence.

(2) Second or subsequent offence If a person is convicted of an offence (the new offence) against a provision of this Act or the statutory rules, the new offence is a second or subsequent offence only if—

(a) the person, within the applicable re-offending period (if any) for the offence concerned, was convicted of another offence (the previous offence) that was—

(i) an offence against the same provision, or

(ii) an offence against a former corresponding provision, or

(iii) an equivalent offence to the new offence, and

(b) the occasion when the new offence occurred was different from the occasion when the previous offence occurred.

(2A) Second or subsequent offence where previous offence dealt with by way of penalty notice If a person is convicted of an offence against this Act (the new offence), that offence is a second or subsequent offence if—

(a) within the period of 5 years immediately before being convicted of the new offence, the person committed an alcohol or other drug related driving offence (the previous offence), and

(b) that previous offence—

(i) was against the same provision as, or was an equivalent offence to, the new offence, and

(ii) was dealt with by way of penalty notice, and

(c) the occasion when the new offence occurred was different from the occasion when the previous offence occurred.