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15

Offensive Weapons Bill, continued

(b)    

on summary conviction in Northern Ireland, to imprisonment for a term

not exceeding 6 months, to a fine not exceeding the statutory maximum

or to both;

(c)    

on conviction on indictment, to imprisonment for a term not exceeding 4

years, to a fine or both.

(7)    

In relation to an offence committed before the coming into force of section 154(1)

of the Criminal Justice Act 2003 (maximum sentence that may be imposed on

summary conviction of offence triable either way) the reference in subsection

(7)(a) to 12 months is to be read as a reference to 6 months.

(8)    

A constable may enter any school or further education premises and search those

premises and any person on those premises, if they have reasonable grounds for

suspecting that an offence under this section is, or has been, committed.

(9)    

If, in the course of a search under this section, a constable discovers a corrosive

substance they may seize and retain it.

(10)    

The constable may use reasonable force, if necessary, in the exercise of entry

conferred by this section

(11)    

In this section—

“corrosive substance” means a substance which is capable of burning

human skin by corrosion;

“school premises” means land used for the purpose of a school, excluding

any land occupied solely as a dwelling by a person employed at a school;

and “school” has the meaning given by—

(a)    

in relation to land in England and Wales, section 4 of the

Education Act 1996;

(b)    

in relation to land in Northern Ireland, Article 2(2) of the

Education and Libraries (Northern Ireland) Order 1986 (SI 1986/

594 (NI 3).

“further educational premises” means—

(a)    

in relation to England and Wales, land used solely for the

purposes of—

(i)    

an institution within the further education sector or the

higher education sector (within the meaning of section

91 of the Further and Higher Education Act 1992), or

(ii)    

a 16 to 19 Academy (within the meaning of section 1B

of the Academies Act 2010),

excluding any land occupied solely as a dwelling by a person

employed at the institution or 16 to 19 Academy.

(b)    

in relation to Northern Ireland, land used solely for the purposes

of an institution of further education within the meaning of

Article 2 of the Further Education (Northern Ireland) Order 1997

(SI 1997/ 1772 (NI 15) excluding any land occupied solely as a

dwelling by a person employed at the institution”.

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Offensive Weapons Bill, continued

Stephen Timms

Louise Haigh

Vicky Foxcroft

NC4

To move the following Clause—

“Offence of threatening with corrosive substance on educational premises

(1)    

A person commits an offence if that person threatens a person with a corrosive

substance on school premises or further education premises.

(2)    

In this section—

“corrosive substance” means a substance which is capable of burning

human skin by corrosion;

“threatens a person” means—

(a)    

unlawfully and intentionally threatens another person (“A”) with

a corrosive substance, and

(b)    

does so in such a way that a reasonable person (“B”) who was

exposed to the same threat as A would think that there was an

immediate risk of physical harm to B.

“school premises” means land used for the purpose of a school, excluding

any land occupied solely as a dwelling by a person employed at a school;

and “school” has the meaning given by—

(a)    

in relation to land in England and Wales, section 4 of the

Education Act 1996;

(b)    

in relation to land in Northern Ireland, Article 2(2) of the

Education and Libraries (Northern Ireland) Order 1986 (SI 1986/

594 (NI 3).

“further educational premises” means—

(a)    

in relation to England and Wales, land used solely for the

purposes of —

(i)    

an institution within the further education sector or the

higher education sector (within the meaning of section

91 of the Further and Higher Education Act 1992), or

(ii)    

a 16 to 19 Academy (within the meaning of section 1B

of the Academies Act 2010),

excluding any land occupied solely as a dwelling by a person

employed at the institution or 16 to 19 Academy.

(b)    

in relation to Northern Ireland, land used solely for the purposes

of an institution of further education within the meaning of

Article 2 of the Further Education (Northern Ireland) Order 1997

(SI 1997/ 1772 (NI 15) excluding any land occupied solely as a

dwelling by a person employed at the institution”.

(3)    

A person guilty of an offence under subsection (1) is liable—

(a)    

on summary conviction in England and Wales, to an imprisonment for a

term not exceeding 12 months, to a fine or to both;

(b)    

on summary conviction in Northern Ireland, to imprisonment for a term

not exceeding 6 months, to a fine not exceeding the statutory maximum

or to both;

(c)    

on conviction on indictment, to imprisonment for a term not exceeding 4

years, to a fine or both.

(4)    

In relation to an offence committed before the coming into force of section 154(1)

of the Criminal Justice Act 2003 (maximum sentence that may be imposed on

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17

Offensive Weapons Bill, continued

summary conviction of offence triable either way) the reference in subsection

(7)(a) to 12 months is to be read as a reference to 6 months”.

Karin Smyth

Louise Haigh

Vicky Foxcroft

NC7

To move the following Clause—

“Prohibition of air weapons on private land for those under the age of 18

(1)    

Section 23 of the Firearms Act 1968 is amended in accordance with subsections

(2) to (3).

(2)    

Omit subsection (1).

(3)    

Omit subsection (3).”

Member’s explanatory statement

This new clause would amend the Firearms Act 1968 to prevent a person under the age of 18 from

having an air gun on private land other than as part of a sporting club.

Karin Smyth

Louise Haigh

Vicky Foxcroft

NC8

To move the following Clause—

“Report on the use of air weapons

(1)    

The Secretary of State must, within six months of this Act receiving Royal

Assent, lay a report before Parliament on the safe use of air weapons.

(2)    

The report under subsection (1) must consider, but is not limited to—

(a)    

whether existing legislation on the use of air weapons is sufficient;

(b)    

whether current guidelines on the safe storage of air weapons needs

revising;

(c)    

whether the current age restrictions surrounding the possession and use

of air weapons are sufficient.”

Stephen Timms

NC9

To move the following Clause—

“Purchase of offensive weapons from outside the European Union

(1)    

A person commits an offence if they knowingly purchase an offensive weapon

from a seller located in a country that is not a member of the European Union.

(2)    

A person who is guilty of an offence under subsection (1) is liable—

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Offensive Weapons Bill, continued

(a)    

on summary conviction in England and Wales, to a fine;

(b)    

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.”

Stephen Timms

NC10

To move the following Clause—

“Payment for corrosive substances

(1)    

It shall be an offence for a seller to receive payment for a corrosive substance

except—

(a)    

by cheque which under section 81A of the Bills of Exchange Act 1882 is

not transferable; or

(b)    

by an electronic transfer of funds (authorised by credit or debit card or

otherwise).

(2)    

In this section “corrosive substance” means a substance which is capable of

burning human skin by corrosion.

(3)    

A person who is guilty of an offence under subsection (1) is liable—

(a)    

on summary conviction in England and Wales, to a fine;

(b)    

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.”

Stephen Timms

NC11

To move the following Clause—

“Offense of having a corrosive substance in an unmarked container

(1)    

A person commits an offence if they carry a corrosive substance in a container in

a public place unless that container is clearly marked or labelled as containing a

corrosive substance.

(2)    

A person who is guilty of an offence under subsection (1) is liable—

(a)    

on summary conviction in England and Wales, to a fine;

(b)    

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.”

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19

Offensive Weapons Bill, continued

Stephen Timms

NC12

To move the following Clause—

“Advertising disguised offensive weapons

(1)    

A person or company commits an offence when a website registered in their name

is used to advertise, list or otherwise facilitate the sale of an offensive weapon

capable of being disguised as something else.

(2)    

The registered owner of a website that is guilty of an offence under subsection (1)

is liable—

(a)    

on summary conviction in England and Wales, to imprisonment for a

term not exceeding 51 weeks, to a fine or to both;

(b)    

on summary conviction in Scotland or Northern Ireland, to imprisonment

for a term not exceeding six months, to a fine not exceeding level 5 on

the standard scale.”

Stephen Timms

NC13

To move the following Clause—

“Offensive Weapons and online videos

(1)    

It shall be an offence for a website to host online or distribute a video in which a

person displays an offensive weapon in a threatening manner.

(2)    

No offence is committed under this section if—

(a)    

the website removes the video within 24 hours of the registered owner of

the website being informed that the video includes a person displaying an

offensive weapon in a threatening manner.

(3)    

In this section, “threatening manner” means that the person (“A”) uses the

weapon in such a way that a reasonable person (“B”) who was exposed to the

same threat would think that there was an immediate risk of physical harm.”

Stephen Timms

NC14

To move the following Clause—

“Enforcement

(1)    

It shall be the duty of every authority to which subsection (4) applies to enforce

within its area the provisions of Clauses 1, 3, 4, 15 and 18 of this Bill.

(2)    

An authority in England or Wales to which subsection (4) applies shall have the

power to investigate and prosecute for an alleged contravention of any provision

imposed by or under this section which was committed outside its area in any part

of England and Wales.

(3)    

A district council in Northern Ireland shall have the power to investigate and

prosecute for an alleged contravention of any provision imposed by or under this

section which was committed outside its area in any part of Northern Ireland.

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Offensive Weapons Bill, continued

(4)    

The authorities to which this section applies are—

(a)    

in England, a county council, district council, London Borough Council,

the Common Council of the City of London in its capacity as a local

authority and the Council of the Isles of Scilly;

(b)    

in Wales, a county council or a county borough council;

(c)    

in Scotland, a council constituted under section 2 of the Local

Government etc. (Scotland) Act 1994(1);

(d)    

in Northern Ireland, any district council.

(5)    

In enforcing this section, an enforcement authority must act in a manner

proportionate to the seriousness of the risk and shall take due account of the

precautionary principle, and shall encourage and promote voluntary action by

producers and distributors.

(6)    

Notwithstanding subsection (5), an enforcement authority may take any action

under this section urgently and without first encouraging and promoting

voluntary action if a product poses a serious risk.”

Stephen Timms

NC15

To move the following Clause—

“Investigatory powers for trading standards

(1)    

Schedule 5 of the Consumer Rights Act 2015 is amended in accordance with

subsection (2).

(2)    

In Part 2, paragraph 10, at end insert—

“section (Enforcement)”.”

Member’s explanatory statement

This new clause is consequential on NC14.

Louise Haigh

Vicky Foxcroft

NC16

To move the following Clause—

“Report on the use of reportable substances

(1)    

The Secretary of State must, within six months of this Act receiving Royal

Assent, lay a report before Parliament on the use of reportable substances in

attacks under Schedule 1A of the Poisons Act 1972.

(2)    

The report under subsection (1) must consider, but is not limited to—

(a)    

whether and to what extent reportable substances are being used in

attacks;

(b)    

whether current controls and requirements on the sale of reportable

substances are sufficient to prevent attacks.”

Notices of Amendments: 30 August 2018                  

21

Offensive Weapons Bill, continued

Louise Haigh

Vicky Foxcroft

NC17

To move the following Clause—

“Prohibition of bladed product displays

(1)    

A person who in the course of a business displays a bladed product in a place in

England and Wales or Northern Ireland is guilty of an offence.

(2)    

The appropriate Minister may by regulations provide for the meaning of “place”

in this section.

(3)    

The appropriate Minister may by regulations make provision for a display in a

place which also amounts to an advertisement to be treated for the purposes of

offences in England and Wales or Northern Ireland under this Act—

(a)    

as an advertisement and not as a display; or

(b)    

as a display and not as an advertisement.

(4)    

No offence is committed under this section if—

(a)    

the bladed products are displayed in the course of a business which is part

of the bladed product trade;

(b)    

they are displays for the purpose of that trade; and

(c)    

the display is accessible only to persons who are engaged in, or employed

by, a business which is also part of that trade.

(5)    

No offence is committed under this section if the display is a requested display to

an individual age 18 or over.

(6)    

The appropriate Minister may provide in regulations that no offence is committed

under section 1 if the display complies with requirements specified in

regulations.”

Louise Haigh

Vicky Foxcroft

NC18

To move the following Clause—

“Crime and Disorder Partnerships, schools and offensive weapons

(1)    

Section 5 of the Crime and Disorder Act 1998 is amended as follows.

(2)    

In subsection (1), after paragraph (f) insert—

“(g)    

all schools in England”.”

Member’s explanatory statement

This new clause will amend the Crime and Disorder Act 1998 to require schools in England to be

part of the Crime and Disorder Partnerships created by that Act.