(107-112)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  107  )
392
Page 284, line 12, leave out paragraph 77
393
Page 285, line 9, at end insert—

“Criminal Justice Act 1991 (c. 53)

87A
An offence under section 20A of the Criminal Justice Act 1991 (false

statements as to financial circumstances).”
Schedule 22
394
Page 291, line 2, leave out paragraph 28
395
Page 291, line 7, at end insert—

“British Nationality Act 1981 (c. 61)

29A
In section 46 of the British Nationality Act 1981 (offences and

proceedings), in subsection (1) for “three months” there is substituted

“51 weeks”.”
396
Page 293, line 29, at end insert—

“(4A)
In section 62B (failure to comply with direction under section 62A:

offences), in subsection (3), for “3 months” there is substituted “51

weeks”.”
397
Page 293, line 31, leave out “subsection (6)” and insert “subsections (6) and (7B)”
398
Page 295, line 33, at end insert—

“Anti-social Behaviour Act 2003 (c. 00)


In section 47 of the Anti-social Behaviour Act 2003 (closure of noisy

premises), in subsection (5)(a), for “three months” there is substituted

“51 weeks”.”
Schedule 23
399
Page 296, leave out lines 32 to 40 and insert “twelve months”
400
Page 297, leave out lines 25 to 33 and insert “twelve months”
401
Page 298, leave out lines 7 to 15 and insert “twelve months”
402
Page 298, leave out lines 28 to 36 and insert “twelve months”
After Schedule 24
403
Insert the following new Schedule—

“Sentencing for firearms offences in Northern Ireland

1
The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) is

amended as follows.

2
In Article 2(2) (interpretation) after the definition of “firearms dealer”

there is inserted—

(  108  )


“handgun” means any firearm which either has a barrel less than 30

centimetres in length or is less than 60 centimetres in length

overall, other than an air weapon, a muzzle-loading gun or a

firearm designed as signalling apparatus;”.

3
In Article 3(1) (requirement of firearm certificate) for sub-paragraph (a)

there is substituted—

“(aa)
has in his possession, or purchases or acquires, a handgun

without holding a firearm certificate in force at the time, or

otherwise than as authorised by such a certificate;

(ab)
has in his possession, or purchases or acquires, any firearm, other

than a handgun, without holding a firearm certificate in force at

the time, or otherwise than as authorised by such a certificate;

or”.

4
After Article 52 of that Order there is inserted—

“52A
Minimum sentence for certain offences

(1)
This Article applies where—

(a)
an individual is convicted of—

(i)
an offence under Article 3(1)(aa),

(ii)
an offence under Article 6(1)(a), (ab), (ac), (ad),

(ae) or (c), or

(iii)
an offence under Article 6(1A)(a), and

(b)
the offence was committed after the commencement of

this Article and at a time when he was aged 16 or over.

(2)
The court shall—

(a)
in the case of an offence under Article 3(1)(aa) committed

by a person who was aged 21 or over when he committed

the offence, impose a sentence of imprisonment for a term

of five years (with or without a fine), and

(b)
in any other case, impose an appropriate custodial

sentence for a term of at least the required minimum term

(with or without a fine)


unless (in any of those cases) the court is of the opinion that there

are exceptional circumstances relating to the offence or to the

offender which justify its not doing so.

(3)
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 Article to

have been committed on the last of those days.

(4)
In this Article—


“appropriate custodial sentence” means—

(a)
in the case of an offender who is aged 21 or over

when convicted, a sentence of imprisonment, and

(b)
in the case of an offender who is aged under 21 at

that time, a sentence of detention under section

(  109  )

5(1) of the Treatment of Offenders Act (Northern

Ireland) 1968;


“the required minimum term” means—

(a)
in the case of an offender who was aged 21 or over

when he committed the offence, five years, and

(b)
in the case of an offender who was aged under 21

at that time, three years.”

5
After Article 52A there is inserted—

“52B
Power by order to exclude application of minimum sentence to

those under 18

(1)
The Secretary of State may by order—

(a)
amend Article 52A(1)(b) by substituting for the word “16”

the word “18”, and

(b)
make such other provision as he considers necessary or

expedient in consequence of, or in connection with, the

provision made by virtue of sub-paragraph (a).

(2)
The provision that may be made by virtue of paragraph (1)(b)

includes, in particular, provision amending or repealing any

statutory provision within the meaning of section 1(f) of the

Interpretation Act (Northern Ireland) 1954 (whenever passed or

made).

(3)
An order under paragraph (1) shall be subject to annulment in

pursuance of a resolution of either House of Parliament in like

manner as a statutory instrument and section 5 of the Statutory

Instruments Act 1946 shall apply accordingly.”

6     (1)
Schedule 2 (table of punishments) is amended as follows.

      (2)
For the entry relating to offences under Article 3(1) (purchase,

acquisition or possession of firearm or ammunition without firearm

certificate.) there is substituted—

“Article
Purchase,
Indictment
10 years or a

3(1)(aa)
acquisition or

fine, or both

possession of

handgun

without

firearm

certificate

Article
Purchase,
(a) Summary
1 year or a

3(1)(ab)
acquisition or

fine of the

possession

statutory

without

maximum, or

firearm

both

certificate of

firearm other

than handgun

(b) Indictment
5 years or a

fine, or both

Article 3(1)(b)
Purchase,
(a) Summary
1 year or a

acquisition or

fine of the

possession of

statutory

ammunition

maximum, or

without

both

firearm

certificate

(b) Indictment
5 years or a

fine, or both

(  110  )

      (3)
For the entries relating to offences under Article 6(1) (manufacture,

dealing in or possession of prohibited weapons) and Article 6(1A)

(possession of or dealing in other prohibited weapons) there is

substituted—

“Article
Manufacture,
Indictment
10 years or a

6(1)(a), (ab),
dealing in or

fine, or both

(ac), (ad), (ae)
possession of

and (c)
prohibited

weapons.

Article 6(1)(b)
Manufacture,
(a) Summary
1 year or a

dealing in or

fine of the

possession of

statutory

prohibited

maximum, or

weapon

both

designed for

discharge of

noxious liquid

etc.

(b) Indictment
10 years or a

fine, or both

Article 6
Possession of
Indictment
10 years or a

(1A)(a)
or dealing in

fine, or both

firearm

disguised as

other object

Article
Possession of
(a) Summary
6 months or a

6(1A)(b), (c),
or dealing in

fine of the

(d), (e), (f) or
other

statutory

(g)
prohibited

maximum, or

weapons

both.

(b) Indictment
10 years or a

fine, or

both”.”

Before Schedule 25
404
Insert the following new Schedule—

(  111  )

“Disqualification from working with children

1
The Criminal Justice and Court Services Act 2000 (c. 43) is amended as

follows.

2
After section 29 there is inserted—

“29A
Disqualification at discretion of court: adults and juveniles

(1)
This section applies where—

(a)
an individual is convicted of an offence against a child

(whether or not committed when he was aged 18 or over),

(b)
the individual is sentenced by a senior court, and

(c)
no qualifying sentence is imposed in respect of the

conviction.

(2)
If the court is satisfied, having regard to all the circumstances,

that it is likely that the individual will commit a further offence

against a child, it may order the individual to be disqualified

from working with children.

(3)
If the court makes an order under this section, it must state its

reasons for doing so and cause those reasons to be included in the

record of the proceedings.

29B
Subsequent application for order under section 28 or 29

(1)
Where—

(a)
section 28 applies but the court has neither made an order

under that section nor complied with subsection (6) of

that section, or

(b)
section 29 applies but the court has not made an order

under that section, and it appears to the prosecutor that

the court has not considered the making of an order

under that section,


the prosecutor may at any time apply to that court for an order

under section 28 or 29.

(2)
Subject to subsection (3), on an application under subsection

(1)—

(a)
in a case falling within subsection (1)(a), the court—

(i)
must make an order under section 28 unless it is

satisfied as mentioned in subsection (5) of that

section, and

(ii)
if it does not make an order under that section,

must comply with subsection (6) of that section,

(b)
in a case falling within subsection (1)(b), the court—

(i)
must make an order under section 29 if it is

satisfied as mentioned in subsection (4) of that

section, and

(ii)
if it does so, must comply with subsection (5) of

that section.

(3)
Subsection (2) does not enable or require an order under section

28 or 29 to be made where the court is satisfied that it had

(  112  )

considered the making of an order under that section at the time

when it imposed the qualifying sentence or made the relevant

order.”

3     (1)
Section 30 (supplemental provisions) is amended as follows.

      (2)
In the heading for “and 29” there is substituted “to 29B”.

      (3)
In subsection (1)—

(a)
for “and 29” there is substituted “to 29B”, and

(b)
in the definition of “qualifying sentence”, after paragraph (d)

there is inserted—

“(dd)
a sentence of detention under section 198 or 200

of the Criminal Justice Act 2003,”.

      (4)
In subsection (5)—

(a)
in paragraph (a), for “or 29” there is substituted “, 29 or 29A”,

(b)
after paragraph (b) there is inserted—

“(c)
in relation to an individual to whom section 29A applies

and on whom a sentence has been passed, references to

his sentence are to that sentence.”

4
In section 31 (appeals), in subsection (1), after paragraph (b) there is

inserted—

“(c)
where an order is made under section 29A, as if the order

were a sentence passed on him for the offence of which he

has been convicted.”

5     (1)
Section 33 (conditions for application under section 32) is amended as

follows.

      (2)
In subsection (6), after paragraph (d) there is inserted—

“(e)
in relation to an individual not falling within any of

paragraphs (a) to (d), the day on which the

disqualification order is made.”.

      (3)
For subsection (8) there is substituted—

“(8)
In subsection (7) “detention” means detention (or detention and

training)—

(a)
under any sentence or order falling within paragraphs (b)

to (f) of the definition of “qualifying sentence” in section

30(1), or

(b)
under any sentence or order which would fall within

those paragraphs if it were for a term or period of 12

months or more.”.”
Schedule 25
405
Page 301, line 7, leave out from “to” to “deal” in line 9 and insert “revoke the

community order and deal with the offender for the offence is to be taken to be a

power to revoke the default order and”
Schedule 26
406
Page 302, line 29, leave out paragraph 4
407
Page 303, leave out lines 20 to 24
408
Page 305, leave out lines 23 to 36