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38 Penalty notices for disorderly behaviour by young persons | |
(1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows. | |
(2) In section 2(1) (penalty notices for disorderly behaviour by persons aged 18 or | |
over) for “18” substitute “16”. | |
(3) After section 2(5) insert— | 5 |
“(6) The Secretary of State may by order— | |
(a) amend subsection (1) by substituting for the age for the time | |
being specified in that subsection a different age which is not | |
lower than 10, and | |
(b) if that different age is lower than 16, make provision as | 10 |
follows— | |
(i) where a person whose age is lower than 16 is given a | |
penalty notice, for a parent or guardian of that person to | |
be notified of the giving of the notice, and | |
(ii) for that parent or guardian to be liable to pay the penalty | 15 |
under the notice. | |
(7) The provision which may be made by virtue of subsection (6)(b) | |
includes provision amending, or applying (with or without | |
modifications), this Chapter or any other enactment (whenever passed | |
or made). | 20 |
(8) The power conferred by subsection (6) is exercisable by statutory | |
instrument. | |
(9) No order shall be made under subsection (6) unless a draft of the order | |
has been laid before and approved by a resolution of each House of | |
Parliament.” | 25 |
(4) After section 3(1) (amount of penalty) insert— | |
“(1A) The Secretary of State may specify different amounts for persons of | |
different ages.” | |
39 Curfew orders and supervision orders | |
Schedule 2 (which relates to curfew orders and supervision orders under the | 30 |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)) shall have effect. | |
40 Extension of powers of community support officers etc. | |
(1) The Police Reform Act 2002 (c. 30) is amended as follows. | |
(2) In section 105 (powers of Secretary of State to make orders and regulations) in | |
subsection (3)(b) after “99(6)” insert “or paragraph 15A(2) of Schedule 4 or | 35 |
paragraph 9A(2) of Schedule 5”. | |
(3) In Part 1 of Schedule 4 (powers exercisable by community support officers) | |
after paragraph 11 insert— | |
“Power to stop cycles | |
11A (1) Subject to sub-paragraph (2), where a designation applies this | 40 |
paragraph to any person, that person shall, within the relevant police | |
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area, have the power of a constable in uniform under section 163(2) | |
of the Road Traffic Act 1988 to stop a cycle. | |
(2) The power mentioned in sub-paragraph (1) may only be exercised by | |
that person in relation to a person who he has reason to believe has | |
committed an offence under section 72 of the Highway Act 1835 | 5 |
(riding on a footway) by cycling.” | |
(4) In Part 1 of that Schedule, after paragraph 15 insert— | |
“Power to modify paragraph 1(2)(a) | |
15A (1) The Secretary of State may by order provide that paragraph 1(2)(a) is | |
to have effect as if the reference to the powers there mentioned did | 10 |
not include those powers so far as they relate to an offence under any | |
provision for the time being mentioned in the first column of the | |
Table in section 1(1) of the Criminal Justice and Police Act 2001 | |
which is specified in the order. | |
(2) The Secretary of State shall not make an order containing (with or | 15 |
without any other provision) any provision authorised by this | |
paragraph unless a draft of that order has been laid before | |
Parliament and approved by a resolution of each House.” | |
(5) In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed | |
penalty notices) after paragraph (a) insert— | 20 |
“(aa) the powers of a constable in uniform to give a penalty notice | |
under Chapter 1 of Part 1 of the Criminal Justice and Police | |
Act 2001 (fixed penalty notices in respect of offences of | |
disorder) except in respect of an offence under section 12 of | |
the Licensing Act 1872 or section 91 of the Criminal Justice | 25 |
Act 1967;”. | |
(6) After paragraph 8 of that Schedule insert— | |
“Power to stop cycles | |
8A (1) Subject to sub-paragraph (2), a person whose accreditation specifies | |
that this paragraph applies to him shall, within the relevant police | 30 |
area, have the power of a constable in uniform under section 163(2) | |
of the Road Traffic Act 1988 to stop a cycle. | |
(2) The power mentioned in sub-paragraph (1) may only be exercised by | |
that person in relation to a person who he has reason to believe has | |
committed an offence under section 72 of the Highway Act 1835 | 35 |
(riding on a footway) by cycling.” | |
(7) After paragraph 9 of that Schedule insert— | |
“Power to modify paragraph 1(2)(aa) | |
9A (1) The Secretary of State may by order provide that paragraph 1(2)(aa) | |
is to have effect as if the reference to the powers there mentioned did | 40 |
not include those powers so far as they relate to an offence under any | |
provision for the time being mentioned in the first column of the | |
Table in section 1(1) of the Criminal Justice and Police Act 2001 | |
which is specified in the order. | |
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(2) The Secretary of State shall not make an order containing (with or | |
without any other provision) any provision authorised by this | |
paragraph unless a draft of that order has been laid before | |
Parliament and approved by a resolution of each House.” | |
41 Report by local authority in certain cases where person remanded on bail | 5 |
After section 23A of the Children and Young Persons Act 1969 (c. 54) there is | |
inserted— | |
“23B Report by local authority in certain cases where person remanded on | |
bail | |
(1) Subsection (2) below applies where a court remands a person aged 10 | 10 |
or 11 on bail and either— | |
(a) the person is charged with or has been convicted of a serious | |
offence, or | |
(b) in the opinion of the court the person is a persistent offender. | |
(2) The court may order a local authority to make an oral or written report | 15 |
specifying where the person is likely to be placed or maintained if he is | |
further remanded to local authority accommodation. | |
(3) An order under subsection (2) above must designate the local authority | |
which is to make the report; and that authority must be the local | |
authority which the court would have designated under section 23(2) | 20 |
of this Act if the person had been remanded to local authority | |
accommodation. | |
(4) An order under subsection (2) above must specify the period within | |
which the local authority must comply with the order. | |
(5) The maximum period that may be so specified is seven working days. | 25 |
(6) If the Secretary of State by order so provides, subsection (2) above also | |
applies where— | |
(a) a court remands on bail any person who has attained the age of | |
12 and is under the age of 17, | |
(b) the requirement in section 23AA(3) of this Act is fulfilled, and | 30 |
(c) in a case where he is remanded after conviction, the court is | |
satisfied that the behaviour which constituted the offence was | |
due, to a significant extent, to the circumstances in which the | |
offender was living. | |
(7) In this section— | 35 |
“serious offence” means an offence punishable in the case of an | |
adult with imprisonment for a term of two years or more. | |
“working day” means any day other than— | |
(a) a Saturday or a Sunday, | |
(b) Christmas day or Good Friday, or | 40 |
(c) a bank holiday in England and Wales under the Banking | |
and Financial Dealings Act 1971.”. | |
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Part 6 | |
Firearms | |
42 Possession of air weapon or imitation firearm in public place | |
(1) In section 19 of the Firearms Act 1968 (c. 27) (offence to carry firearm in public | |
place) for the words from “a loaded shot gun” to the end of the section | 5 |
substitute— | |
“(a) a loaded shot gun, | |
(b) an air weapon (whether loaded or not), | |
(c) any other firearm (whether loaded or not) together with | |
ammunition suitable for use in that firearm, or | 10 |
(d) an imitation firearm.” | |
(2) In Part I of Schedule 6 to that Act (punishment) in the entry relating to section | |
19— | |
(a) in the second column (general nature of offence) for “loaded firearm” | |
substitute “firearm or imitation firearm”, and | 15 |
(b) in the third column (mode of prosecution) after “not” insert “in the case | |
of an imitation firearm or”. | |
(3) The following shall be inserted after paragraph 5 of Schedule 1A to the Police | |
and Criminal Evidence Act 1984 (c. 60) (arrestable offences)— | |
“Firearms Act 1968 | 20 |
5A An offence under section 19 of the Firearms Act 1968 (carrying | |
firearm or imitation firearm in public place) in respect of an air | |
weapon or imitation firearm.” | |
43 Air weapons: age limits | |
(1) The Firearms Act 1968 shall be amended as follows. | 25 |
(2) In section 22 (acquisition and possession of firearms by minors)— | |
(a) in subsection (4) for “fourteen” substitute “seventeen”, and | |
(b) omit subsection (5). | |
(3) In section 23 (the heading to which becomes “Exceptions from s. 22(4)”) in | |
subsection (2) omit “or (5)”. | 30 |
(4) In section 24(4) (offence to give air weapon or ammunition to person under | |
fourteen)— | |
(a) in paragraph (a) for “fourteen” substitute “seventeen”, and | |
(b) in paragraph (b) for “that age” substitute “the age of seventeen”. | |
(5) In Part I of Schedule 6 (punishment)— | 35 |
(a) in the entry relating to section 22(4) in the second column (general | |
nature of offence) for “14” substitute “17”, and | |
(b) omit the entry relating to section 22(5). | |
(6) In Part II of that Schedule (supplementary)— | |
(a) in paragraph 7 omit “or (5)”, and | 40 |
(b) in paragraph 8 for “, (4) or (5)” substitute “or (4)”. | |
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