|
| |
| |
| to show that his conduct was for the purpose only of making the |
| |
weapon in question available for one or more of the purposes specified |
| |
| |
(11B) | Those purposes are— |
| |
(a) | the purposes of theatrical performances and of rehearsals for |
| 5 |
| |
(b) | the production of films (within the meaning of Part 1 of the |
| |
Copyright, Designs and Patents Act 1988 - see section 5B of that |
| |
| |
(c) | the production of television programmes (within the meaning |
| 10 |
of the Communications Act 2003 - see section 401(1) of that Act). |
| |
(11C) | For the purposes of this section a person shall be taken to have shown |
| |
a matter specified in subsection (5), (8), (9) or (11A) if— |
| |
(a) | sufficient evidence of that matter is adduced to raise an issue |
| |
| 15 |
(b) | the contrary is not proved beyond a reasonable doubt.” |
| |
(5) | The defence in section 141(11A) is not available in relation to so much of any |
| |
charge as relates to conduct taking place before the commencement of this |
| |
| |
35 | Power to search school pupils for weapons |
| 20 |
After section 550A of the Education Act 1996 (c. 56) insert— |
| |
“550AA | Power of members of staff to search pupils etc. for weapons |
| |
(1) | A member of the staff of a school who has reasonable grounds for |
| |
believing that a pupil at the school may have with him or in his |
| |
| 25 |
(a) | an article to which section 139 of the Criminal Justice Act 1988 |
| |
applies (knives and blades etc.), or |
| |
(b) | an offensive weapon (within the meaning of the Prevention of |
| |
| |
| may search that pupil or his possessions for such articles and weapons. |
| 30 |
(2) | A search under this section may be carried out only where— |
| |
(a) | the member of the staff and the pupil are on the premises of the |
| |
| |
(b) | they are elsewhere and the member of the staff has lawful |
| |
control or charge of the pupil. |
| 35 |
(3) | A person may carry out a search under this section only if— |
| |
(a) | he is the head teacher of the school; or |
| |
(b) | he has been authorised by the head teacher to carry out the |
| |
| |
(4) | A person who carries out a search of a pupil under this section— |
| 40 |
(a) | may not require the pupil to remove any clothing other than |
| |
| |
(b) | must be of the same sex as the pupil; and |
| |
(c) | may carry out the search only in the presence of another person |
| |
who is aged 18 or over and is also of the same sex as the pupil. |
| 45 |
| |
| |
|
| |
| |
(5) | A pupil’s possessions may not be searched under this section except in |
| |
his presence and in the presence of a person (in addition to the person |
| |
carrying out the search) who is aged 18 or over. |
| |
(6) | If a person who, in the course of a search under this section, finds— |
| |
(a) | anything which he has reasonable grounds for suspecting falls |
| 5 |
within subsection (1)(a) or (b), or |
| |
(b) | any other thing which he has reasonable grounds for suspecting |
| |
is evidence in relation to an offence, |
| |
| he may seize and retain it. |
| |
(7) | A person who exercises a power under this section may use such force |
| 10 |
as is reasonable in the circumstances for exercising that power. |
| |
(8) | An authorisation for the purposes subsection (3)(b) may be given either |
| |
in relation to a particular search or generally in relation to searches |
| |
under this section or to a particular description of such searches. |
| |
| 15 |
‘member of the staff’ has the same meaning as in section 550A; |
| |
‘outer clothing’ includes an outer coat, a jacket, gloves and a hat; |
| |
‘possessions’, in relation to a pupil of a school, includes any goods |
| |
over which he has or appears to have control. |
| |
(10) | The powers conferred by this section are in addition to any powers |
| 20 |
exercisable by the member of the staff in question apart from this |
| |
section and are not to be construed as restricting such powers.” |
| |
| |
36 | Supplemental provisions for Part 2 |
| |
(1) | In this Part “the 1968 Act” means the Firearms Act 1968 (c. 27). |
| 25 |
(2) | Expressions used in this Part and in the 1968 Act have the same meanings in |
| |
this Part as in that Act. |
| |
(3) | The following provisions of the 1968 Act apply as if sections 24, 25 and 28 to 31 |
| |
of this Act were contained in that Act— |
| |
(a) | section 46 (power of search with warrant); |
| 30 |
(b) | section 51(4) (limitation period for prosecutions); |
| |
(c) | section 52 (forfeiture and disposal of firearms and ammunition); |
| |
(d) | section 54 (Crown application); |
| |
(e) | section 58 (savings). |
| |
(4) | In section 52 of the 1968 Act, after subsection (4) insert— |
| 35 |
“(5) | In this section references to ammunition include references to— |
| |
(a) | a primer to which section 28 of the Violent Crime Reduction Act |
| |
2005 applies and to anything in which such a primer is |
| |
| |
(b) | an ammunition loading press (within the meaning of section 29 |
| 40 |
| |
| |
| |
|
| |
| |
| |
| |
37 | Football-related disorder |
| |
(1) | Section 5(2) of the Football (Disorder) Act 2000 (c. 25) (which imposes a latest |
| |
date of 27th August 2007 for the making of applications for football banning |
| 5 |
orders under the Football Spectators Act 1989 (c. 37) and for the exercise of |
| |
constables’ powers under that Act to take summary measures) shall have no |
| |
| |
(2) | Schedule 1 (which amends the provisions of the Football Spectators Act 1989 |
| |
relating to football banning orders and makes other amendments |
| 10 |
consequential on the amendment of that Act by this Act) has effect. |
| |
(3) | Sections 2 to 7 of the Football Spectators Act 1989 (the national membership |
| |
scheme) shall cease to have effect. |
| |
38 | Forfeiture and detention of vehicles etc. |
| |
Schedule 2 (which amends the Sexual Offences Act 2003 (c. 42) to restore |
| 15 |
powers of forfeiture and detention of vehicles, ships and aircraft used in |
| |
relation to offences of trafficking for sexual exploitation) has effect. |
| |
39 | Amendment of s. 82 of the Sexual Offences Act 2003 |
| |
(1) | In the table in section 82(1) of the Sexual Offences Act 2003 (notification period |
| |
for persons convicted of sexual offences under requirement to notify the police |
| 20 |
about certain matters), in the entry relating to a person sentenced to |
| |
imprisonment for life or for a term of 30 months or more, for “or for” substitute |
| |
“, to imprisonment for public protection under section 225 of the Criminal |
| |
Justice Act 2003 or to imprisonment for”. |
| |
(2) | This section applies in relation to sentences passed before the passing of this |
| 25 |
Act, as well as to those passed after that. |
| |
| |
(1) | The Crime and Disorder Act 1998 (c. 37) is amended as follows. |
| |
(2) | In section 8 (parenting orders)— |
| |
(a) | in subsections (1)(b) and (6)(a) for “sex offender order” substitute |
| 30 |
“sexual offences prevention order”; and |
| |
(b) | after subsection (8) insert— |
| |
“(9) | In this section “sexual offences prevention order” means an |
| |
order under section 104 of the Sexual Offences Act 2003 (sexual |
| |
offences prevention orders).” |
| 35 |
(3) | In section 18(1) (interpretation etc of Chapter 1 of Part 1), omit the definition of |
| |
| |
(4) | The amendments made by subsection (2) have effect in relation to court |
| |
proceedings in which an order under section 104 of the Sexual Offences Act |
| |
| |
| |
|
| |
| |
2003 is made before the passing of this Act, as well as those in which such an |
| |
order is made after that. |
| |
41 | Committal of young persons of unruly character |
| |
In section 23(1) of the Children and Young Persons Act 1969 (c. 54) (remand to |
| |
local authority accommodation etc. of young persons of unruly character)— |
| 5 |
(a) | in paragraph (a), for “commits him for trial or” substitute “sends him |
| |
for trial or commits him for”; |
| |
(b) | for “the remand or committal”, substitute “the remand, sending or |
| |
| |
(c) | for “a reference to a committal”, substitute “a reference to such a |
| 10 |
| |
42 | Offering or agreeing to re-programme a mobile telephone |
| |
In section 1(1) of the Mobile Telephones (Re-programming) Act 2002 (c. 31) |
| |
(offence of re-programming mobile telephone etc), omit “or” at the end of |
| |
paragraph (a) and after paragraph (b) insert— |
| 15 |
“(c) | he offers or agrees to change, or interfere with the operation of, |
| |
a unique device identifier, or |
| |
(d) | he offers or agrees to arrange for another person to change, or |
| |
interfere with the operation of, a unique device identifier.” |
| |
| 20 |
| |
| |
There shall be paid out of money provided by Parliament any increase attributable to |
| |
this Act in the sums payable out of such money under any other Act. |
| |
| 25 |
The enactments listed in column 1 of Schedule 3 are repealed to the extent set |
| |
out in column 2 of that Schedule. |
| |
45 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Violent Crime Reduction Act 2005. |
| |
(2) | This Act, other than— |
| 30 |
| |
(b) | section 40 and the repeal in section 18(1) of the Crime and Disorder Act |
| |
| |
| shall come into force on such day as the relevant national authority may by |
| |
order made by statutory instrument appoint; and different days may be |
| 35 |
appointed for different purposes, including different areas. |
| |
(3) | In subsection (2) “the relevant national authority” means— |
| |
| |
| |
|
| |
| |
(a) | in relation to section 35 so far as it authorises the exercise of powers in |
| |
relation to pupils of schools in Wales, means the National Assembly for |
| |
| |
(b) | in all other cases, means the Secretary of State. |
| |
(4) | This Part and section 42 extend to the United Kingdom, except that the repeals |
| 5 |
in Schedule 3 extend only so far as the enactments repealed. |
| |
(5) | Sections 24 to 33 and 36 extend to Great Britain only. |
| |
(6) | Section 38 and Schedule 2 and section 39 extend to England and Wales and |
| |
| |
(7) | The other provisions of this Act extend to England and Wales only. |
| 10 |
| |
| |
|
