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Violent Crime Reduction Bill


Violent Crime Reduction Bill
Part 2 — Weapons etc.

36

 

   

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

in subsection (11B).

(11B)   

Those purposes are—

(a)   

the purposes of theatrical performances and of rehearsals for

5

such performances;

(b)   

the production of films (within the meaning of Part 1 of the

Copyright, Designs and Patents Act 1988 - see section 5B of that

Act);

(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

with respect to it; and

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

section.

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

possessions—

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

Crime Act 1953),

   

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

school; or

(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

search.

(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

outer clothing;

(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

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

37

 

(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.

(9)   

In this section—

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.”

Supplemental

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

contained; and

(b)   

an ammunition loading press (within the meaning of section 29

40

of that Act).”

 
 

Violent Crime Reduction Bill
Part 3 — Miscellaneous

38

 

Part 3

Miscellaneous

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

effect.

(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.

40      

Parenting orders

(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

“sex offender order”.

(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

 
 

Violent Crime Reduction Bill
Part 4 — General

39

 

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

committal”;

(c)   

for “a reference to a committal”, substitute “a reference to such a

10

sending or a committal”.

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.”

Part 4

20

General

43      

Expenses

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.

44      

Repeals

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

(a)   

this section; and

(b)   

section 40 and the repeal in section 18(1) of the Crime and Disorder Act

1998 (c. 37),

   

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—

 
 

Violent Crime Reduction Bill
Part 4 — General

40

 

(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

Wales; and

(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

Northern Ireland only.

(7)   

The other provisions of this Act extend to England and Wales only.

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Revised 8 June 2005