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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 5 — Sanctions etc.

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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—

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           “(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

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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

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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).

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           (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.”

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     (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

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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

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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

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paragraph to any person, that person shall, within the relevant police

 

 

Anti-social Behaviour Bill
Part 5 — Sanctions etc.

    32

 

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

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(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

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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

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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—

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                    “(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

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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

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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

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(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

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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.

 

 

Anti-social Behaviour Bill
Part 5 — Sanctions etc.

    33

 

                       (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

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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

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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)

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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.

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           (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

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                  (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—

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                                  “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

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                        (c)                        a bank holiday in England and Wales under the Banking

and Financial Dealings Act 1971.”.

 

 

Anti-social Behaviour Bill
Part 6 — Firearms

    34

 

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

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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

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                  (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

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           (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

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        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.

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     (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)”.

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     (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)—

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           (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

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           (b)           in paragraph 8 for “, (4) or (5)” substitute “or (4)”.

 

 

 
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