some default text...
          House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill


Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

22

 

(c)   

give such particulars of the circumstances believed to constitute

the alleged offence (including the sales to which it relates) as are

necessary to provide reasonable information about it;

(d)   

specify the length of the period during which it is proposed that

sales of alcohol should be prohibited on those premises;

5

(e)   

specify when that period would begin if the prohibition is

accepted;

(f)   

explain what would be the effect of the proposed prohibition

and the consequences under this Act (including the maximum

penalties) of a sale of alcohol on the premises during the period

10

for which it is in force;

(g)   

explain the right of every person who, at the time of the alleged

offence, held or was one of the holders of a premises licence in

respect of those premises to be tried for that offence; and

(h)   

explain how that right may be exercised and how (where it is

15

not exercised) the proposed prohibition may be accepted.

(4)   

The period specified for the purposes of subsection (3)(d) must be not

more than 48 hours; and the time specified as the time from which that

period would begin must be not less than 14 days after the date of the

service of the closure notice in accordance with subsection (6).

20

(5)   

The provision included in the notice by virtue of subsection (3)(h)

must—

(a)   

provide a means of identifying a police officer or trading

standards officer to whom notice exercising the option to accept

the prohibition may be given;

25

(b)   

set out particulars of where and how that notice may be given

to that police officer or trading standards officer;

(c)   

require that notice to be given within 7 days after the date of the

service of the closure notice; and

(d)   

explain that the right to be tried for the alleged offence will be

30

taken to have been exercised unless every person who, at the

time of the notice, holds or is one of the holders of the premises

licence for the premises in question accepts the proposed

prohibition.

(6)   

Section 184 (giving of notices) does not apply to a closure notice; but

35

such a notice must be served on the premises to which it applies.

(7)   

A closure notice may be served on the premises to which it applies—

(a)   

only by being handed by a constable or trading standards

officer to a person on the premises who appears to the constable

or trading standards officer to have control of or responsibility

40

for the premises (whether on his own or with others); and

(b)   

only at a time when it appears to that constable or trading

standards officer that licensable activities are being carried on

there.

(8)   

A copy of every closure notice given under this section must be sent to

45

the holder of the premises licence for the premises to which it applies at

whatever address for that person is for the time being set out in the

licence.

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

23

 

(9)   

A closure notice must not be given more than 3 months after the time

of the last of the sales to which the alleged offence relates.

(10)   

No more that one closure notice may be given in respect of offences

relating to the same sales; nor may such a notice be given in respect of

an offence in respect of which a prosecution has already been brought.

5

(11)   

In this section ‘relevant officer’ means—

(a)   

a police officer of the rank of superintendent or above; or

(b)   

an inspector of weights and measures appointed under section

72(1) of the Weights and Measures Act 1985.

169B    

Effect of closure notices

10

(1)   

This section applies where a closure notice is given under section 169A

in respect of an alleged offence under section 147A.

(2)   

No proceedings may be brought for the alleged offence or any related

offence at any time before the time when the prohibition proposed by

the notice would take effect.

15

(3)   

If before that time every person who, at the time of the notice, holds or

is one of the holders of the premises licence for the premises in question

accepts the proposed prohibition in the manner specified in the

notice—

(a)   

that prohibition takes effect at the time so specified in relation

20

to the premises in question; and

(b)   

no proceedings may subsequently be brought against any such

person for the alleged offence or any related offence.

(4)   

If the prohibition contained in a closure notice takes effect in

accordance with subsection (3)(a) in relation to any premises, so much

25

of the premises licence for those premises as authorises the sale by retail

of alcohol on those premises is suspended for the period specified in the

closure notice.

(5)   

In this section ‘related offence’, in relation to the alleged offence, means

an offence under section 146 or 147 in respect of any of the sales to

30

which the alleged offence relates.

(6)   

The operation of this section is not affected by any contravention of

section 169A(8).”

(2)   

In subsection (1) of section 170 of that Act (exemptions from liability)—

(a)   

for “A constable is not” substitute “Neither a constable nor a trading

35

standards officer is”; and

(b)   

at the end insert “or of his functions in relation to a closure notice”.

(3)   

For subsection (2) of that section substitute—

“(2)   

Neither a chief officer of police nor a local weights and measures

authority is liable for relevant damages in respect of any act or omission

40

of a person in the performance or purported performance, while under

the direction or control of such a chief officer or local weights and

measures authority—

(a)   

of a function of that person in relation to a closure order, or any

extension of it; or

45

(b)   

of a function in relation to a closure notice.”

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

24

 

(4)   

After subsection (4) of that section insert—

“(4A)   

In this section references to a constable include references to a person

exercising the powers of a constable by virtue of a designation under

section 38 of the Police Reform Act 2002 (community support officers

etc.); and, in relation to such a person, the first reference in subsection

5

(2) to a chief officer of police has effect as a reference to a police

authority.”

(5)   

In section 171(5) of that Act (expressions defined for the purposes of Part 8),

(a)   

after the definition of “appropriate person” insert—

“‘closure notice’ has the meaning given in section 169A;”

10

(b)   

after the definition of “extension” insert—

“‘local weights and measures authority’ has the meaning

given by section 69 of the Weights and Measures Act

1985;”

(c)   

after the definition of “senior police officer” insert—

15

“‘trading standards officer’, in relation to any premises to

which a premises licence relates, means a person

authorised by a local weights and measures authority to

act in the area where those premises are situated in

relation to proposed prohibitions contained in closure

20

notices;”.

(6)   

In Part 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of

community support officers), after paragraph 5 insert—

“Power to serve closure notice for licensed premises persistently selling to children

5A         

Where a designation applies this paragraph to any person, that

25

person shall have—

(a)   

within the relevant police area, and

(b)   

if it appears to him as mentioned in subsection (7) of section

169A of the Licensing Act 2003 (closure notices served on

licensed premises persistently serving children),

30

           

the capacity of a constable under that subsection to be the person by

whose delivery of a closure notice that notice is served.”

Directions to individuals to leave a locality

22      

Directions to individuals who represent a risk of disorder

(1)   

If the test in subsection (2) is satisfied in the case of an individual aged 16 or

35

over who is in a public place, a constable in uniform may give a direction to

that individual—

(a)   

requiring him to leave the locality of that place; and

(b)   

prohibiting the individual from returning to that locality for such

period (not exceeding 48 hours) from the giving of the direction as the

40

constable may specify.

(2)   

That test is that the presence of the individual in that locality is likely, in all the

circumstances, to cause or to contribute to the occurrence or continuance in

that locality of alcohol-related crime or disorder.

(3)   

A direction under this section—

45

 
 

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 3 — Other provisions

25

 

(a)   

must be given in writing;

(b)   

may require the individual to whom it is given to leave the locality in

question either immediately or by such time as the constable giving the

direction may specify;

(c)   

must clearly identify the locality to which it relates;

5

(d)   

must specify the period for which the individual is prohibited from

returning to that locality;

(e)   

may impose requirements as to the manner in which that individual

leaves the locality, including his route; and

(f)   

may be withdrawn or varied (but not extended so as to apply for a

10

period of more than 48 hours) by a constable.

(4)   

A constable may not give a direction under this section that prevents the

individual to whom it is given—

(a)   

from having access to a place where he resides;

(b)   

from attending at any place which he is required to attend for the

15

purposes of any employment of his or of any contract of services to

which he is a party;

(c)   

from attending at any place which he is expected to attend during the

period to which the direction applies for the purposes of education or

training or for the purpose of receiving medical treatment; or

20

(d)   

from attending at any place which he is required to attend by any

obligation imposed on him by or under an enactment or by the order of

a court or tribunal.

(5)   

A constable who gives a direction under this section must make a record of—

(a)   

the terms of the direction and the locality to which it relates;

25

(b)   

the individual to whom it is given;

(c)   

the time at which it is given;

(d)   

the period during which that individual is required not to return to the

locality.

(6)   

A person who fails to comply with a direction under this section is guilty of an

30

offence and shall be liable, on summary conviction, to a fine not exceeding level

4 on the standard scale.

(7)   

In section 64A of the Police and Criminal Evidence Act 1984 (c. 60) (power to

photograph suspects), in subsection (1B), after paragraph (c) insert—

“(ca)   

given a direction by a constable under section 22 of the Violent

35

Crime Reduction Act 2005;”.

(8)   

In this section “public place” means—

(a)   

a highway; or

(b)   

any place to which at the material time the public or any section of the

public has access, on payment or otherwise, as of right or by virtue of

40

express or implied permission;

   

and for this purpose “place” includes a place on a means of transport.

Exclusions from licensed premises

23      

Exclusion orders in respect of licensed premises

(1)   

In section 1 of the Licensed Premises (Exclusion of Certain Persons) Act 1980

45

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

26

 

(c. 32) (exclusion orders), after subsection (1) insert—

“(1A)   

Where a person is convicted by or before a court in England and Wales

of an offence committed on licensed premises—

(a)   

the court must consider making an exclusion order under

subsection (1) in respect of the convicted person; and

5

(b)   

if it decides not to make an order, it must state that fact in open

court and give reasons.”

Part 2

Weapons etc.

Firearms, ammunition etc.

10

24      

Using someone to mind a weapon

(1)   

A person is guilty of an offence if—

(a)   

he uses another to look after, hide or transport a dangerous weapon for

him; and

(b)   

he does so under arrangements or in circumstances that facilitate, or are

15

intended to facilitate, the weapon’s being available to him for an

unlawful purpose.

(2)   

For the purposes of this section the cases in which a dangerous weapon is to be

regarded as available to a person for an unlawful purpose include any case

where—

20

(a)   

the weapon is available for him to take possession of it at a time and

place; and

(b)   

his possession of the weapon at that time and place would constitute,

or be likely to involve or to lead to, the commission by him of an

offence.

25

(3)   

In this section “dangerous weapon” means—

(a)   

a firearm other than an air weapon or a component part, or accessory

to, an air weapon; or

(b)   

a weapon to which section 141A of the Criminal Justice Act 1988 (c. 33)

applies (knives and bladed weapons).

30

(4)   

In its application to Scotland, this section has effect with the omission of

subsection (3)(b), and of the word “or” immediately preceding it.

25      

Penalties etc. for offence under s. 24

(1)   

This section applies where a person (“the offender”) is guilty of an offence

under section 24.

35

(2)   

Where the dangerous weapon in respect of which the offence was committed

is a weapon to which section 141A of the Criminal Justice Act 1988 (knives and

bladed weapons) applies, the offender shall be liable, on conviction on

indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to

both.

40

(3)   

Where—

(a)   

at the time of the offence, the offender was aged 16 or over, and

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

27

 

(b)   

the dangerous weapon in respect of which the offence was committed

was a firearm mentioned in section 5(1)(a) to (af) or (c) or section

5(1A)(a) of the 1968 Act (firearms possession of which attracts a

minimum sentence),

   

the offender shall be liable, on conviction on indictment, to imprisonment for

5

a term not exceeding 10 years or to a fine, or to both.

(4)   

On a conviction in England and Wales, where—

(a)   

subsection (3) applies, and

(b)   

the offender is aged 18 or over at the time of conviction,

   

the court must impose (with or without a fine) a term of imprisonment of not

10

less than 5 years, unless it is of the opinion that there are exceptional

circumstances relating to the offence or to the offender which justify its not

doing so.

(5)   

On a conviction in England and Wales, where—

(a)   

subsection (3) applies, and

15

(b)   

the offender is aged under 18 at the time of conviction,

   

the court must impose (with or without a fine) a term of detention under

section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) of not

less than 3 years, unless it is of the opinion that there are exceptional

circumstances relating to the offence or to the offender which justify its not

20

doing so.

(6)   

On a conviction in Scotland, where—

(a)   

subsection (3) applies, and

(b)   

the offender is aged 21 or over at the time of conviction,

   

the court must impose (with or without a fine) a sentence of imprisonment of

25

not less than 5 years, unless it is of the opinion that there are exceptional

circumstances relating to the offence or to the offender which justify its not

doing so.

(7)   

On a conviction in Scotland, where—

(a)   

subsection (3) applies, and

30

(b)   

the offender is aged under 21 at the time of conviction and is not a

person in whose case subsection (8) applies,

   

the court must impose (with or without a fine) a sentence of detention under

section 207 of the Criminal Procedure (Scotland) Act 1995 (c. 46) of not less than

3 years, unless it is of the opinion that there are exceptional circumstances

35

relating to the offence or to the offender which justify its not doing so.

(8)   

On a conviction in Scotland, where—

(a)   

subsection (3) applies, and

(b)   

the offender is, at the time of conviction, both aged under 18 and subject

to a supervision requirement,

40

   

the court must impose (with or without a fine) a sentence of detention under

section 208 of the Criminal Procedure (Scotland) Act 1995 of not less than 3

years, unless it is of the opinion that there are exceptional circumstances

relating to the offence or to the offender which justify its not doing so.

(9)   

In any case not mentioned in subsection (2) or (3), the offender shall be liable,

45

on conviction on indictment, to imprisonment for a term not exceeding 5 years

or to a fine, or to both.

(10)   

Where—

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

28

 

(a)   

a court is considering for the purposes of sentencing the seriousness of

an offence under this section, and

(b)   

at the time of the offence the offender was aged 18 or over and the

person used to look after, hide or transport the weapon was not,

   

the court must treat the fact that that person was under the age of 18 at that time

5

as an aggravating factor (that is to say, a factor increasing the seriousness of the

offence).

(11)   

Where a court treats a person’s age as an aggravating factor in accordance with

subsection (10), it must state in open court that the offence was aggravated as

mentioned in that subsection.

10

(12)   

Where—

(a)   

an offence under section 24 of using another person for a particular

purpose is found to have involved that other person’s having

possession of a weapon, or being able to make it available, over a period

of two or more days, or at some time during a period of two or more

15

days, and

(b)   

on any day in that period, an age requirement was satisfied,

   

the question whether subsection (3) applies or (as the case may be) the question

whether the offence was aggravated under this section is to be determined as

if the offence had been committed on that day.

20

(13)   

In subsection (12) the reference to an age requirement is a reference to either of

the following—

(a)   

the requirement of subsection (3) that the offender was aged 16 or over

at the time of the offence;

(b)   

the requirement of subsection (10) that the offender was aged 18 or over

25

at that time and that the other person was not.

(14)   

In its application to Scotland, this section has effect with the omission of

subsection (2), and of the reference to it in subsection (9).

26      

Age limits for purchase etc. of air weapons

(1)   

The 1968 Act is amended as follows.

30

(2)   

For section 22(1) (acquisition and possession of firearms by minors)

substitute—

“(1)   

It is an offence—

(a)   

for a person under the age of eighteen to purchase or hire an air

weapon or ammunition for an air weapon;

35

(b)   

for a person under the age of seventeen to purchase or hire a

firearm or ammunition of any other description.”

(3)   

In subsection (4) of that section, for “seventeen” substitute “eighteen”.

(4)   

For section 24(1) (supplying firearms to minors) substitute—

“(1)   

It is an offence—

40

(a)   

to sell or let on hire an air weapon or ammunition for an air

weapon to a person under the age of eighteen;

(b)   

to sell or let on hire a firearm or ammunition of any other

description to a person under the age of seventeen.”

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 8 June 2005