Violent Crime Reduction Bill

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
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(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).
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(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
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(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—
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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.
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(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.
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(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.
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(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.”