Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 7 — Knives and offensive weapons
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112
Youth conditional cautions: involvement of prosecutors
(1)
The Crime and Disorder Act 1998 is amended as follows.
(2)
In section 66A(4) (conditions that may be attached to a youth conditional
caution) for “by a relevant prosecutor” substitute “in the condition”.
(3)
In section 66B(2) (relevant prosecutor must decide that there is sufficient
5
evidence to prosecute and that a conditional caution should be given) after “a
relevant prosecutor” insert “or the authorised person”.
(4)
In section 66C(5) (relevant prosecutor must specify amount of financial penalty
and how it must be paid etc) for “a relevant prosecutor must also” substitute
“the condition must”.
10
(5)
In section 66D (variation of conditions by relevant prosecutor) after “A relevant
prosecutor” insert “or an authorised person”.
(6)
In section 66G (code of practice) in subsection (2)(h) (Secretary of State’s code
of practice may include provision about what a relevant prosecutor may
provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “in a
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condition”.
Chapter 7
Knives and offensive weapons
113
Offences of threatening with article with blade or point or offensive weapon
in public or on school premises
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(1)
In the Prevention of Crime Act 1953, after section 1 (prohibition of the carrying
of offensive weapons without lawful authority or reasonable excuse) insert—
“1A
Offence of threatening with weapon in public
(1)
A person is guilty of an offence if that person—
(a)
has an offensive weapon with him or her in a public place,
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(b)
unlawfully and intentionally threatens another person with the
weapon, and
(c)
does so in such a way that there is an immediate risk of serious
physical harm to that other person.
(2)
For the purposes of this section physical harm is serious if it amounts
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to grievous bodily harm for the purposes of the Offences against the
Person Act 1861.
(3)
It is a defence for a person charged with an offence under this section
to prove lawful authority or reasonable excuse for having the weapon
with him or her in the place concerned.
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(4)
In this section “public place” and “offensive weapon” have the same
meaning as in section 1.
(5)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding 6 months or to a fine not exceeding the statutory
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maximum, or to both;

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 7 — Knives and offensive weapons
91

(b)
on conviction on indictment, to imprisonment for a term not
exceeding 4 years, or to a fine, or to both.
(6)
Where a person aged 18 or over is convicted of an offence under this
section, the court must impose a sentence of imprisonment for a term
of at least 6 months (with or without a fine) unless the court is of the
5
opinion that there are particular circumstances which—
(a)
relate to the offence or to the offender, and
(b)
would make it unjust to do so in all the circumstances.
(7)
In relation to times before the coming into force of paragraph 180 of
Schedule 7 to the Criminal Justice and Court Services Act 2000, the
10
reference in subsection (6) to a sentence of imprisonment, in relation to
an offender aged under 21 at the time of conviction, is to be read as a
reference to a sentence of detention in a young offender institution.”
(2)
In the Criminal Justice Act 1988 after section 139A (offence of having article
with blade or point or offensive weapon on school premises) insert—
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“139AA
Offence of threatening with article with blade or point or offensive
weapon
(1)
A person is guilty of an offence if that person—
(a)
has an article to which this section applies with him or her in a
public place or on school premises,
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(b)
unlawfully and intentionally threatens another person with the
article, and
(c)
does so in such a way that there is an immediate risk of serious
physical harm to that other person.
(2)
In relation to a public place this section applies to an article to which
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section 139 applies.
(3)
In relation to school premises this section applies to each of these—
(a)
an article to which section 139 applies;
(b)
an offensive weapon within the meaning of section 1 of the
Prevention of Crime Act 1953.
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(4)
For the purposes of this section physical harm is serious if it amounts
to grievous bodily harm for the purposes of the Offences against the
Person Act 1861.
(5)
It is a defence for a person charged with an offence under this section
to prove good reason or lawful authority for having the article with him
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or her in the place or on the premises concerned.
(6)
Without prejudice to the generality of subsection (5), it is a defence for
a person charged with an offence under this section—
(a)
in any case, to prove that that person had the article with him or
her for use at work, for religious reasons, or as part of a national
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costume;
(b)
in a case relating to school premises, to prove that that person
had the article with him or her for educational purposes.
(7)
In this section—
“public place” has the same meaning as in section 139;
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“school premises” has the same meaning as in section 139A.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 4 — Final provisions
92

(8)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding 6 months or to a fine not exceeding the statutory
maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not
5
exceeding 4 years, or to a fine, or to both.
(9)
Where a person aged 18 or over is convicted of an offence under this
section, the court must impose a sentence of imprisonment for a term
of at least 6 months (with or without a fine) unless the court is of the
opinion that there are particular circumstances which—
10
(a)
relate to the offence or to the offender, and
(b)
would make it unjust to do so in all the circumstances.
(10)
In relation to times before the coming into force of paragraph 180 of
Schedule 7 to the Criminal Justice and Court Services Act 2000, the
reference in subsection (9) to a sentence of imprisonment, in relation to
15
an offender aged under 21 at the time of conviction, is to be read as a
reference to a sentence of detention in a young offender institution.”
(3)
Schedule 16 (minor and consequential amendments) has effect.
Part 4
Final provisions
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114
Power to make consequential and supplementary provision etc
(1)
The Lord Chancellor or the Secretary of State may by regulations make
consequential, supplementary, incidental or transitional provision in relation
to any provision of Parts 1 to 3 of this Act.
(2)
The regulations may, in particular—
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(a)
amend, repeal, revoke or otherwise modify legislation, and
(b)
include transitory or saving provision.
(3)
Regulations made under this section in relation to a provision of section 71
may, in particular, include provision amending any legislation for the purpose
of providing—
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(a)
that a term of imprisonment may be imposed on summary conviction
for an offence under the law of England and Wales;
(b)
that the maximum term of imprisonment that may be imposed on
summary conviction for an offence under the law of England and
Wales is 6 months or a period of less than 6 months.
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(4)
Regulations under this section are to be made by statutory instrument.
(5)
A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament, subject
to subsection (6).
(6)
A statutory instrument containing regulations under this section that amend or
40
repeal an Act (whether alone or with other provision) may not be made unless
a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.
(7)
In this section—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 4 — Final provisions
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“Act” includes an Act or Measure of the National Assembly for Wales;
“legislation”, in relation to regulations made in relation to a provision of
this Act, means—
(a)
an Act passed before or in the same Session as this Act, or
(b)
an instrument made under an Act before the provision comes
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into force.
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Financial provision
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown by virtue of this Act, and
(b)
any increase attributable to this Act in the sums payable under any other Act
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out of money so provided.
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Commencement
(1)
The provisions of this Act come into force on such day as the Lord Chancellor
or the Secretary of State may appoint by order, subject to subsection (2).
(2)
This Part comes into force on the day on which this Act is passed.
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(3)
An order under this section is to be made by statutory instrument.
(4)
An order under this section may—
(a)
appoint different days for different purposes, and
(b)
make transitional, transitory or saving provision.
(5)
An order under this section bringing into force section 107, 108, 110, 111 or 112
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may appoint different days for different areas.
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Extent
(1)
This Act extends to England and Wales only, subject to subsections (2) to (4).
(2)
The following provisions extend to England and Wales and Northern
Ireland—
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(a)
section 21,
(b)
section 32, and
(c)
sections 104 and 105.
(3)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
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(a)
Schedule 7 (and section 52(2)), and
(b)
this Part.
(4)
An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked.
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Channel Islands, Isle of Man and British overseas territories
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(1)
The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984
(power to extend to Channel Islands, Isle of Man and British overseas
territories) is exercisable in relation to any amendment of that Act that is made
by or under this Act.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 4 — Final provisions
94

(2)
The power conferred by section 338 of the Criminal Justice Act 2003 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.
(3)
In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of
Man and British overseas territories) references to that Act include that Act as
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amended by or under this Act.
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Short title
This Act may be cited as the Legal Aid, Sentencing and Punishment of
Offenders Act 2011.