Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

15

 
 

(11)    

In this section the “appropriate court” means—

 

(a)    

where the Crown Court or the Court of Appeal made the knife

 

crime prevention order or the interim knife crime prevention order,

 

the Crown Court;

 

(b)    

where an adult magistrates’ court made the order, that court, an

 

adult magistrates’ court for the area in which the defendant lives or,

 

where the application is made by a chief officer of police, any adult

 

magistrates’ court acting for a local justice area that includes any

 

part of the chief officer’s police area;

 

(c)    

where a youth court made the order and the defendant is under the

 

age of 18, that court, a youth court for the area in which the

 

defendant lives or, where the application is made by a chief officer

 

of police, any youth court acting for a local justice area that includes

 

any part of the chief officer’s police area;

 

(d)    

where a youth court made the order and the defendant is aged 18

 

or over, an adult magistrates’ court for the area in which the

 

defendant lives or, where the application is made by a chief officer

 

of police, any adult magistrates’ court acting for a local justice area

 

that includes any part of the chief officer’s police area.

 

(12)    

In subsection (11) “adult magistrates’ court” means a magistrates’ court

 

that is not a youth court.”

 

20

Insert the following new Clause—

 

“Appeal against knife crime prevention order etc

 

(1)    

A defendant may appeal to the Crown Court against—

 

(a)    

the making of a knife crime prevention order under section (Knife

 

crime prevention order made otherwise than on conviction) (order made

 

otherwise than on conviction), or

 

(b)    

the making of an interim knife crime prevention order.

 

(2)    

A person who applied for a knife crime prevention order under section

 

(Knife crime prevention order made otherwise than on conviction) or an interim

 

knife crime prevention order may appeal to the Crown Court against a

 

refusal to make the order.

 

(3)    

A defendant may appeal against the making of a knife crime prevention

 

order under section (Knife crime prevention order made on conviction) (order

 

made on conviction) as if the order were a sentence passed on the

 

defendant for the offence.

 

(4)    

Where an application is made for an order under section (Variation, renewal

 

or discharge of knife crime prevention order etc) (variation, renewal or

 

discharge)—

 

(a)    

the person who made the application may appeal against a refusal

 

to make an order under that section;

 

(b)    

the defendant may appeal against the making of an order under

 

that section which was made on the application of a person other

 

than the defendant;

 

(c)    

a person within subsection (2) of that section other than the

 

defendant may appeal against the making of an order under that

 

section which was made on the application of the defendant.

 
 

 


 
 

16

 
 

(5)    

An appeal under subsection (4)—

 

(a)    

is to be made to the Court of Appeal if the application for the order

 

under section (Variation, renewal or discharge of knife crime prevention

 

order etc) was made to the Crown Court;

 

(b)    

is to be made to the Crown Court in any other case.

 

(6)    

On an appeal under subsection (1) or (2), or an appeal under subsection (4)

 

to which subsection (5)(b) applies, the Crown Court may make—

 

(a)    

such orders as may be necessary to give effect to its determination

 

of the appeal, and

 

(b)    

such incidental and consequential orders as appear to it to be

 

appropriate.”

 

21

Insert the following new Clause—

 

“Offence of breaching knife crime prevention order etc

 

(1)    

A person commits an offence if, without reasonable excuse, the person

 

breaches a knife crime prevention order or an interim knife crime

 

prevention order.

 

(2)    

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

 

(a)    

on summary conviction, to imprisonment for a term not exceeding

 

12 months, to a fine or to both;

 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 2 years, to a fine or to both.

 

(3)    

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

 

months.

 

(4)    

Where a person is convicted of an offence under this section, it is not open

 

to the court by or before which the person is convicted to make, in respect

 

of the offence, an order for conditional discharge.”

 

22

Insert the following new Clause—

 

“Guidance

 

(1)    

The Secretary of State may from time to time issue guidance relating to the

 

exercise by a relevant person of functions in relation to knife crime

 

prevention orders and interim knife crime prevention orders.

 

(2)    

In this section “relevant person” means a person who is capable of making

 

an application for a knife crime prevention order or an interim knife crime

 

prevention order.

 

(3)    

A relevant person must have regard to any guidance issued under

 

subsection (1) when exercising a function to which the guidance relates.

 

(4)    

The Secretary of State must arrange for any guidance issued under this

 

section to be published in such manner as the Secretary of State thinks

 

appropriate.”

 
 

 


 
 

17

 
 

23

Insert the following new Clause—

 

“Piloting

 

(1)    

The Secretary of State may exercise the power in section 43(1) so as to bring

 

all of the provisions of this Part into force for all purposes and in relation to

 

the whole of England and Wales only if the following conditions are met.

 

(2)    

The first condition is that the Secretary of State has brought some or all of

 

the provisions of this Part into force only—

 

(a)    

for one or more specified purposes, or

 

(b)    

in relation to one or more specified areas in England and Wales.

 

(3)    

The second condition is that the Secretary of State has laid before

 

Parliament a report on the operation of some or all of the provisions of this

 

Part—

 

(a)    

for one or more of those purposes, or

 

(b)    

in relation to one or more of those areas.

 

(4)    

Regulations under section 43(1) which bring any provision of this Part into

 

force only for a specified purpose or in relation to a specified area may—

 

(a)    

provide for that provision to be in force for that purpose or in

 

relation to that area for a specified period;

 

(b)    

make transitional or saving provision in relation to that provision

 

ceasing to be in force at the end of the specified period.

 

(5)    

Regulations containing provision by virtue of subsection (4)(a) may be

 

amended by subsequent regulations under section 43(1) so as to continue

 

any provision of this Part in force for the specified purpose or in relation to

 

the specified area for a further specified period.

 

(6)    

In this section “specified” means specified in regulations under section

 

43(1).

 

(7)    

References in this section to this Part do not include section (Guidance) or

 

this section (which by virtue of section 43(5)(za) and (zb) come into force on

 

the day on which this Act is passed).”

 

24

Insert the following new Clause—

 

“Consequential amendments

 

(1)    

In section 3(2) of the Prosecution of Offences Act 1985 (functions of the

 

Director of Public Prosecutions) after paragraph (ff) insert—

 

“(fg)    

to have the conduct of applications for orders under section

 

(Knife crime prevention order made on conviction) of the

 

Offensive Weapons Act 2019 (knife crime prevention orders

 

made on conviction);”.

 

(2)    

In the Criminal Legal Aid (General) Regulations 2013 (SI 2013/9), in

 

regulation 9 (criminal proceedings) after paragraph (ub) insert—

 

“(uc)    

proceedings under Part 1A of the Offensive Weapons Act

 

2019 in relation to a knife crime prevention order or an

 

interim knife crime prevention order;”.

 
 

 


 
 

18

 
 

(3)    

The amendment made by subsection (2) is without prejudice to any power

 

to make an order or regulations amending or revoking the regulations

 

mentioned in that subsection.”

 

25

Insert the following new Clause—

 

“Interpretation of Part

 

(1)    

In this Part—

 

“applicant” means an applicant for a knife crime prevention order;

 

“bladed article” means an article to which section 139 of the Criminal

 

Justice Act 1988 applies;

 

“defendant”—

 

(a)    

in relation to a knife crime prevention order under section

 

(Knife crime prevention order made otherwise than on conviction)

 

(order made otherwise than on conviction), has the meaning

 

given by subsection (1) of that section;

 

(b)    

in relation to a knife crime prevention order under section

 

(Knife crime prevention order made on conviction) (order made

 

on conviction), has the meaning given by subsection (1) of

 

that section;

 

“harm” includes physical and psychological harm;

 

“home address”, in relation to a defendant, means—

 

(a)    

the address of the defendant’s sole or main residence, or

 

(b)    

if the defendant has no such residence, the address or

 

location of a place where the defendant can regularly be

 

found and, if there is more than one such place, such one of

 

those places as the defendant may select.

 

(2)    

A reference in this Part to a knife crime prevention order which is not

 

expressed as a reference to an order under section (Knife crime prevention

 

order made otherwise than on conviction) or (Knife crime prevention order made

 

on conviction) is a reference to an order under either of those sections.

 

(3)    

A reference in this Part to an interim knife crime prevention order which is

 

not expressed as a reference to an order under section (Interim knife crime

 

prevention order: application without notice) or (Interim knife crime prevention

 

order: application not determined) is a reference to an order under either of

 

those sections.”

Before Clause 14

26

Insert the following new Clause—

 

“Sale etc of bladed articles to persons under 18

 

(1)    

In section 141A of the Criminal Justice Act 1988 (sale etc of bladed articles

 

to persons under 18), in subsection (3) (articles to which the section does

 

not apply)—

 

(a)    

at the end of paragraph (a) insert “or”, and

 

(b)    

omit paragraph (b) and the “or” at the end of that paragraph.

 
 

 


 
 

19

 
 

(2)    

In Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/

 

3160 (NI 24)) (sale of bladed articles to persons under 18), in paragraph (3)

 

(articles to which the Article does not apply)—

 

(a)    

at the end of sub-paragraph (a) insert “or”, and

 

(b)    

omit sub-paragraph (b) and the “or” at the end of that sub-

 

paragraph.”

Clause 17

27

Page 17, line 22, at end insert—

 

“(aa)    

the delivery is not made by a trusted courier of bladed products,

 

and”

 

28

Page 17, line 27, at end insert—

 

“( )    

The Secretary of State may by regulations determine the conditions of

 

being designated a trusted courier of bladed products in England and

 

Wales for the purposes of section 17(1)(aa).

 

( )    

Scottish Ministers may by regulations determine the conditions of being

 

designated a trusted courier of bladed products in Scotland for the

 

purposes of section 17(1)(aa).

 

( )    

The Department of Justice in Northern Ireland may by regulations

 

determine the conditions of being designated a trusted courier of bladed

 

products in Northern Ireland for the purposes of section 17(1)(aa).”

Clause 19

29

Page 19, line 15, leave out from beginning to “or”

 

30

Page 19, line 16, leave out “that Act” and insert “the Criminal Justice Act 1988”

 

31

Page 19, line 21, leave out paragraph (b)

 

32

Page 19, line 22, leave out “that Act” and insert “the Criminal Justice Act 1988”

 

33

Page 19, line 30, leave out from beginning to “or”

 

34

Page 19, line 31, leave out “the Criminal Justice (Northern Ireland) Order 1996” and

 

insert “that Order”

Clause 24

 

 


 
 

20

35

Page 27, line 18, at end insert—

 

“(14A)    

After subsection (12) insert—

 

“(12A)    

An order under this section which has the effect that possession in

 

private of a weapon of a particular description is, or is to become,

 

an offence under subsection (1A) may make provision—

 

(a)    

enabling arrangements to be made for the surrender of

 

weapons of that description;

 

(b)    

as to the procedure to be followed in relation to the

 

surrender of such weapons;

 

(c)    

for the payment of compensation in respect of weapons

 

surrendered in accordance with the arrangements;

 

(d)    

as to the requirements that must be met by a person making

 

a claim for compensation;

 

(e)    

as to the procedure to be followed in respect of a claim and

 

for the determination of a claim;

 

(f)    

enabling a person to exercise a discretion in determining

 

whether to make a payment in response to a claim and the

 

amount of such a payment.”

Clause 25

36

Page 28, line 3, leave out “(6)” and insert “(6B)”

 

37

Page 28, line 10, at end insert—

 

“(2A)    

In paragraph 1, after paragraph (s) insert—

 

“(t)    

the weapon sometimes known as a “cyclone knife” or

 

“spiral knife” being a weapon with—

 

(i)    

a handle,

 

(ii)    

a blade with two or more cutting edges, each of

 

which forms a helix, and

 

(iii)    

a sharp point at the end of the blade.””

 

38

Page 28, line 36, at end insert—

 

“(6A)    

After paragraph 5A insert—

 

“5B(1)  

Sub-paragraph (2) applies to—

 

(a)    

a person charged with an offence under section 141(1) or

 

(1A) of the Criminal Justice Act 1988 in respect of any

 

conduct of the person relating to a curved sword, and

 

(b)    

a person charged with an offence under section 50(2) or

 

(3) of the Customs and Excise Management Act 1979 in

 

respect of any conduct of the person relating to a curved

 

sword.

 

      (2)  

It is a defence for the person to show that the person’s conduct

 

was for the purpose only of making the sword available for

 

presentation by a Sikh to another person at a religious ceremony

 

or other ceremonial event.

 
 

 


 
 

21

 
 

      (3)  

It is a defence for a person charged with an offence under section

 

141(1) of the Criminal Justice Act 1988 of giving a curved sword

 

to another person to show that the person’s conduct consisted of

 

the presentation of the sword by a Sikh to another person at a

 

religious ceremony or other ceremonial event.

 

      (4)  

It is a defence for a person charged with an offence under section

 

141(1A) of the Criminal Justice Act 1988 of possession of a curved

 

sword in private to show that—

 

(a)    

the person was a Sikh at the time the offence is alleged to

 

have been committed and possessed the sword for the

 

purpose only of presenting it to another person at a

 

religious ceremony or other ceremonial event, or

 

(b)    

the sword was presented to the person by a Sikh at a

 

religious ceremony or other ceremonial event.

 

      (5)  

In this paragraph—

 

“curved sword” means a weapon to which section 141 of the

 

Criminal Justice Act 1988 applies by virtue of paragraph

 

1(r);

 

“Sikh” means a follower of the Sikh religion.”

 

(6B)    

In paragraph 6, for “and 5A” substitute “, 5A and 5B”.”

 

39

Page 28, line 37, leave out “(6)” and insert “(6B)”

 

40

Page 28, line 40, leave out from beginning to “, after” in line 41 and insert—

 

“(8)    

The Schedule to the Criminal Justice Act 1988 (Offensive Weapons)

 

(Scotland) Order 2005 (SSI 2005/483) is amended as follows.

 

(8A)    

In paragraph 1, after paragraph (q) insert—

 

“(r)    

the weapon sometimes known as a “cyclone knife” or

 

“spiral knife” being a weapon with—

 

(i)    

a handle,

 

(ii)    

a blade with two or more cutting edges, each of

 

which forms a helix, and

 

(iii)    

a sharp point at the end of the blade.”

 

(8B)    

In paragraph 2”

 

41

Page 28, line 43, leave out “amendment made by subsection (8) is” and insert

 

“amendments made by subsections (8A) and (8B) are”

 

42

Page 28, line 45, leave out “that subsection” and insert “subsection (8)”

Clause 26

43

Page 29, line 7, after “24” insert “(by itself or in combination with section 25)”

 
 

 


 
PreviousBack to StartNext
 

Revised 20 March 2019