House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 8 May 2014
2046

Criminal Justice and Courts Bill, continued

“(2A)
Section (2B) applies where—

(a)
a person is convicted of an offence under subsection (1)

committed after this subsection is commenced;

(b)
at the time when the offence was committed, he was 16 or over

and had one other conviction under—

(i)
subsection (1),

(ii)
section (1A); or

(iii)
section 139 of the Criminal Justice Act 1988;

(iv)
section 139A of the Criminal Justice Act 1988; or

(v)
section 139AA of the Criminal Justice Act 1988;

(c)
the offence was committed after he had been convicted of the

other.

(2B)
Where a person aged 16 or over is convicted of an offence under this

section, the court must impose an appropriate custodial sentence (with or

without a fine) unless the court is of the 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.

(2C)
In this section “appropriate custodial sentence” means—

(a)
in the case of a person who is aged 18 or over when convicted, a

sentence of imprisonment for a term of at least six months;

(b)
in the case of a person who is aged at least 16 but under 18 when

convicted, a detention and training order of at least 4 months.

(2D)
Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it shall

be taken for the purposes of this section to have been committed on the

last of those days.

(2E)
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 (2B)(a) 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.”.

(3)
The Criminal Justice Act 1988 is amended as follows.

(4)
In section 139 (Offence of having article with blade or point in public place) after

subsection (6) insert—

“(6A)
Section (6B) applies where—

(a)
a person is convicted of an offence under subsection (1)

committed after this subsection is commenced;

(b)
at the time when the offence was committed, he was 16 or over

and had one other conviction under—

(i)
subsection (1);

(ii)
section 139A;

(iii)
section 139AA; or

(iv)
sections (1) or (1A) of the Prevention of Crime Act

1953;

(c)
the offence was committed after he had been convicted of the

other.

Notices of Amendments: 8 May 2014
2047

Criminal Justice and Courts Bill, continued

(6B)
Where a person aged 16 or over is convicted of an offence under this

section, the court must impose an appropriate custodial sentence (with or

without a fine) unless the court is of the 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.

(6C)
In this section “appropriate custodial sentence” means—

(a)
in the case of a person who is aged 18 or over when convicted, a

sentence of imprisonment for a term of at least 6 months;

(b)
in the case of a person who is aged at least 16 but under 18 when

convicted, a detention and training order of at least four months.

(6D)
Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it shall

be taken for the purposes of this section to have been committed on the

last of those days.

(6E)
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 (6B) 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.”.

(5)
In section 139A (Offence of having article with blade or point (or offensive

weapon)) on school premises after subsection (5) insert—

“(5A)
Section (5B) applies where—

(a)
a person is convicted of an offence under subsection (1)

committed after this subsection is commenced;

(b)
at the time when the offence was committed, he was 16 or over

and had one other conviction under—

(i)
subsection (1);

(ii)
section 139;

(iii)
section 139AA; or

(iv)
sections (1) or (1A) of the Prevention of Crime Act

1953;

(c)
the offence was committed after he had been convicted of the

other.

(5B)
Where a person aged 16 or over is convicted of an offence under this

section, the court must impose an appropriate custodial sentence (with or

without a fine) unless the court is of the 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.

(5C)
In this section “appropriate custodial sentence” means—

(a)
in the case of a person who is aged 18 or over when convicted, a

sentence of imprisonment for a term of at least 6 months;

(b)
in the case of a person who is aged at least 16 but under 18 when

convicted, a detention and training order of at least four months.

(5D)
Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it shall

Notices of Amendments: 8 May 2014
2048

Criminal Justice and Courts Bill, continued

be taken for the purposes of this section to have been committed on the

last of those days.

(5E)
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 (5B) 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.”.’.

Possessing an offensive weapon or bladed article in public or on school premises:

sentencing for second offences for those aged 18 or over

Nick de Bois

Mr David Burrowes

Tracey Crouch

Mr David Davis

Mr Graham Brady

Mr Dominic Raab

Stephen McPartland

Dr Julian Lewis

Mr Charles Walker

Bob Blackman

Andrew Bingham

Bob Stewart

Andrew Rosindell

Mr David Amess

Dan Byles

David Morris

Karl McCartney

Stephen Barclay

Jeremy Lefroy

Priti Patel

Mark Reckless

Mr Stewart Jackson

Gordon Henderson

Mr Julian Brazier

Jason McCartney

David T.C. Davies

Mr William Cash

Philip Davies

Mr David Nuttall

Anne Marie Morris

Mr Brian Binley

Mr Peter Bone

Mr Richard Bacon

Karl McCartney

Sheryll Murray

Heather Wheeler

James Dudderidge

James Morris

Sir Gerald Howarth

Simon Reevell

NC7

To move the following Clause:—

‘(1)
The Prevention of Crime Act 1953 is amended as follows.

(2)
In section 1 (Prohibition of the carrying of offensive weapons without lawful

authority or reasonable excuse) after subsection (2) insert—

“(2A)
Subsection (2B) applies where—

(a)
a person is convicted of an offence under subsection (1)

committed after this subsection is commenced;

(b)
at the time when the offence was committed, he was 18 or over

and had one other conviction under—

(i)
subsection (1)

(ii)
section (1A);

(iii)
section 139 of the Criminal Justice Act 1988;

(iv)
section 139A of the Criminal Justice Act 1988; or

(v)
section 139AA of the Criminal Justice Act 1988;

(c)
the offence was committed after he had been convicted of the

other.

Notices of Amendments: 8 May 2014
2049

Criminal Justice and Courts Bill, continued

(2B)
Where a person is convicted of an offence under subsection (1) the court

must impose a sentence of imprisonment for a term of at least 6 months

unless the court is of the 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.

(2C)
Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two days or more, it shall

be taken for the purposes of this section to have been committed on the

last of those days.

(2D)
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 (2B) 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.”.

(3)
The Criminal Justice Act 1988 is amended as follows.

(4)
In section 139 (Offence of having article with blade or point in public place) after

subsection (6) insert—

“(6A)
Subsection (6b) applies where—

(a)
a person is convicted of an offence under subsection (1)

committed after this subsection is commenced;

(b)
at the time when the offence was committed, he was 18 or over

and had one other conviction under—

(i)
subsection (1);

(ii)
section 139A;

(iii)
section 139AA; or

(iv)
sections (1) or (1A) of the Prevention of Crime Act

1953;

(c)
the offence was committed after he had been convicted of the

other.

(6B)
Where a person is convicted of an offence under subsection (1) the court

must impose a sentence of imprisonment for a term of at least 6 months

unless the court is of the 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.

(6C)
Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it shall

be taken for the purposes of this section to have been committed on the

last of those days.

(6D)
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 (6B) 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.”.

(5)
In section 139A (Offence of having article with blade or point (or offensive

weapon)) on school premises after subsection (5) insert—



© Parliamentary copyright	Revised 9 May 2014