Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders
41

Schedules
Schedule 1
Section 37

Football banning orders and football-related consequential amendments
Part 1
Football banning orders
5
Introductory
1
The Football Spectators Act 1989 (c. 37) is amended as follows.
Banning orders: bail conditions
2     (1)
In section 14A (banning orders on conviction of an offence), after subsection
(4B) insert—
10
“(4BA)
If the court adjourns or further adjourns any proceedings under
subsection (4A) or (4B), the court may remand the offender.
(4BB)
A person who, by virtue of subsection (4BA), is remanded on bail
may be required by the conditions of his bail—
(a)
not to leave England and Wales before his appearance before
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the court, and
(b)
if the control period relates to a regulated football match
outside the United Kingdom or to an external tournament
which includes such matches, to surrender his passport to a
police constable, if he has not already done so.”
20
      (2)
In subsection (4C) of that section, omit “But” and after “a warrant” insert
“under subsection (4B) above”.
      (3)
In section 14B (banning orders on a complaint), after subsection (4) insert—
“(5)
If the magistrates’ court adjourns proceedings on an application
under this section, the court may remand the person in respect of
25
whom the application is made.
(6)
A person who, by virtue of subsection (5) above, is remanded on bail
under section 128 of the Magistrates’ Courts Act 1980 may be
required by the conditions of his bail—
(a)
not to leave England and Wales before his appearance before
30
the court, and
(b)
if the control period relates to a regulated football match
outside the United Kingdom or to an external tournament
which includes such matches, to surrender his passport to a
police constable, if he has not already done so.”
35

Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders
42

Appeals against decisions not to make banning orders
3     (1)
In section 14A (banning order made on conviction for an offence), after
subsection (5) insert—
“(5A)
The prosecution has a right of appeal against a failure by the court to
make a banning order under this section—
5
(a)
where the failure is by a magistrates’ court, to the Crown
Court; and
(b)
where it is by the Crown Court, to the Court of Appeal.
(5C)
An appeal under subsection (5A)(b) may be brought only if the Court
of Appeal gives permission or the judge who decided not to make an
10
order grants a certificate that his decision is fit for appeal.
(5D)
An order made on appeal under this section (other than one
directing that an application be re-heard by the court from which the
appeal was brought) is to be treated for the purposes of this Part as if
it were an order of the court from which the appeal was brought.”
15
      (2)
In section 14D (appeals against banning orders made on complaint), after
subsection (1) insert—
“(1A)
An appeal lies to the Crown Court against the dismissal by a
magistrates’ court of an application for the making of a banning
order under section 14B above.”
20
      (3)
In subsection (2) of that section, for “the appeal” substitute “an appeal under
this section”.
Applications for banning orders under section 14B
4     (1)
In section 14B (banning orders made on a complaint)—
(a)
in subsection (1) for “the chief officer of police for the area in which
25
the person resides or appears to reside” substitute “the relevant chief
officer”; and
(b)
after subsection (1) insert—
“(1A)
In subsection (1) ‘the relevant chief officer’ means—
(a)
the chief officer of police of any police force
30
maintained for a police area; or
(b)
the chief constable of the British Transport Police
Force.”
      (2)
In section 21B(4) (summary measures: reference to a court), for “the chief
officer of police for the area in which the person resides or appears to reside”
35
substitute “the relevant chief officer”.
Notification obligations under banning orders
5     (1)
Section 14E (banning orders: general) is amended as follows.
      (2)
After subsection (2) insert—
“(2A)
A banning order must require the person subject to the order to give
40
notification of the events mentioned in subsection (2B) to the
enforcing authority.

Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders
43

(2B)
The events are—
(a)
a change of any of his names;
(b)
the first use by him after the making of the order of a name
for himself that was not disclosed by him at the time of the
making of the order;
5
(c)
a change of his home address;
(d)
his acquisition of a temporary address;
(e)
a change of his temporary address or his ceasing to have one;
(f)
the loss of his passport;
(g)
receipt by him of a new passport and the details of that
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passport;
(h)
an appeal made by him in relation to the order;
(i)
an application made by him under section 14H(2) for
termination of the order;
(j)
an appeal made by him under section 23(3) against the
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making of a declaration of relevance in respect of an offence
of which he has been convicted.
(2C)
A notification required by a banning order by virtue of subsection
(2A) must be given before the end of the period of seven days
beginning with the day on which the event in question occurs.”
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      (3)
After subsection (7) insert—
“(8)
In this section—
‘declaration of relevance’ has the same meaning as in section 23;
‘home address’, in relation to any person, means the address of
his sole or main residence;
25
‘loss’ includes theft or destruction;
‘new’ includes replacement;
‘temporary address’, in relation to any person, means the
address (other than his home address) of a place at which he
intends to reside, or has resided, for a period of at least four
30
weeks.”
Duration of banning orders
6
In section 14F(5) (duration of banning orders), for “three” substitute “five”
and for “two” substitute “three”.
Notices during control periods
35
7
In section 19 (functions of enforcing authority and local police), after
subsection (2E)(b) insert—
“(c)
must require him to notify the enforcing authority within the
time period specified in the notice of each address at which
he intends to stay, or has stayed, for one night or more in a
40
period which is the control period in relation to a regulated
football match.”

Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 2 — Consequential Amendments
44

Deemed receipt of notices and other documents
8     (1)
In section 25 (service of documents), after subsection (1) insert—
“(1A)
A notice or other document served in accordance with subsection (1)
on a person who is the subject of a banning order is to be deemed to
be received by him at the time when it is served unless he proves
5
otherwise.”
      (2)
In section 21(7) (service of notices under section 19), after “subsection (6)
above” insert “(instead of section 25(1A))”.
Part 2
Consequential Amendments
10
Meaning of “spectator” in Part 1
9
For section 1(6) of the Football Spectators Act 1989 (c. 37) (definition of
“authorised spectator”) substitute—
“(6)
A person is not to be regarded as a ‘spectator’ in relation to a
designated football match if the principal purpose of his being on the
15
premises is to provide services in connection with the match, or to
report on it.”
General provisions relating to licences to admit spectators
10
In section 10(17) of that Act (licences to admit spectators: general), for “, the
licensing authority or the Football Membership Authority” substitute “or the
20
licensing authority”.
Declarations of relevance
11
In section 23 of that Act (provisions about declarations of relevance), at the
end insert—
“(5)
In this section ‘declaration of relevance’ means a declaration by a
25
court for the purposes of Schedule 1 to this Act that an offence related
to football matches, or that it related to one or more particular
football matches.”
Periods relevant to football matches
12
For paragraph 4(2) of Schedule 1 to that Act (meaning of period relevant to
30
a football match) substitute—
    “(2)
For the purposes of this Schedule each of the following periods is
‘relevant to’ a football match to which this Schedule applies—
(a)
in the case of a match which takes place on the day on
which it is advertised to take place, the period—
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(i)
beginning 24 hours before whichever is the earlier
of the start of the match and the time at which it
was advertised to start; and
(ii)
ending 24 hours after it ends;

Violent Crime Reduction Bill
Schedule 2 — Forfeiture and detention of vehicles etc.
45

(b)
in the case of a match which does not take place on the day
on which it was advertised to take place, the period—
(i)
beginning 24 hours before the time at which it was
advertised to start on that day; and
(ii)
ending 24 hours after that time.”
5
Amendments of other enactments
13    (1)
In each of the enactments specified in sub-paragraph (2), for “declaration of
relevance under” substitute “declaration of relevance, within the meaning of
section 23 of”.
      (2)
Those provisions are—
10
(a)
section 50(1)(h) of the Criminal Appeal Act 1968 (c. 19); and
(b)
section 108(3) of the Magistrates’ Courts Act 1980 (c. 43).
      (3)
This paragraph does not apply in relation to declarations made before the
commencement of paragraph 11.
Schedule 2
15
Section 38

Forfeiture and detention of vehicles etc.
1
The Sexual Offences Act 2003 (c. 42) is amended as follows.
2
After section 60 (sections 57 to 59: interpretation and jurisdiction) insert—
“60A
Forfeiture of land vehicle, ship or aircraft
(1)
This section applies if a person is convicted on indictment of an
20
offence under sections 57 to 59.
(2)
The court may order the forfeiture of a land vehicle used or intended
to be used in connection with the offence if the convicted person—
(a)
owned the vehicle at the time the offence was committed;
(b)
was at that time a director, secretary or manager of a
25
company which owned the vehicle;
(c)
was at that time in possession of the vehicle under a hire-
purchase agreement;
(d)
was at that time a director, secretary or manager of a
company which was in possession of the vehicle under a hire-
30
purchase agreement; or
(e)
was driving the vehicle in the course of the commission of the
offence.
(3)
The court may order the forfeiture of a ship or aircraft used or
intended to be used in connection with the offence if the convicted
35
person—
(a)
owned the ship or aircraft at the time the offence was
committed;
(b)
was at that time a director, secretary or manager of a
company which owned the ship or aircraft;
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Violent Crime Reduction Bill
Schedule 2 — Forfeiture and detention of vehicles etc.
46

(c)
was at that time in possession of the ship or aircraft under a
hire-purchase agreement;
(d)
was at that time a director, secretary or manager of a
company which was in possession of the ship or aircraft
under a hire-purchase agreement;
5
(e)
was at the time a charterer of the ship or aircraft; or
(f)
committed the offence while acting as captain of the ship or
aircraft.
(4)
But in a case to which subsection (3)(a) or (b) does not apply,
forfeiture may be ordered only—
10
(a)
in the case of a ship, if subsection (5) or (6) applies;
(b)
in the case of an aircraft, if subsection (5) or (7) applies.
(5)
This subsection applies where a person who, at the time the offence
was committed, owned the ship or aircraft or was a director,
secretary or manager of a company which owned it, knew or ought
15
to have known of the intention to use it in the course of the
commission of an offence under sections 57 to 59.
(6)
This subsection applies where a ship’s gross tonnage is less than 500
tons.
(7)
This subsection applies where the maximum weight at which an
20
aircraft (which is not a hovercraft) may take off in accordance with
its certificate of airworthiness is less than 5,700 kilogrammes.
(8)
Where a person who claims to have an interest in a land vehicle, ship
or aircraft applies to a court to make representations on the question
of forfeiture, the court may not make an order under this section in
25
respect of the vehicle, ship or aircraft unless the person has been
given an opportunity to make representations.
60B
Detention of land vehicle, ship or aircraft
(1)
If a person has been arrested for an offence under sections 57 to 59, a
constable or a senior immigration officer may detain a relevant
30
vehicle, ship or aircraft—
(a)
until a decision is taken as to whether or not to charge the
arrested person with that offence;
(b)
if the arrested person has been charged, until he is acquitted,
the charge against him is dismissed or the proceedings are
35
discontinued; or
(c)
if he has been charged and convicted, until the court decides
whether or not to order forfeiture of the vehicle, ship or
aircraft.
(2)
A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in
40
relation to an arrested person if it is a land vehicle, ship or aircraft
which the constable or officer concerned has reasonable grounds for
believing could, on conviction of the arrested person for the offence
for which he was arrested, be the subject of an order for forfeiture
made under section 60A.
45
(3)
A person (other than the arrested person) may apply to the court for
the release of a land vehicle, ship or aircraft on the grounds that—
(a)
he owns the vehicle, ship or aircraft;

Violent Crime Reduction Bill
Schedule 2 — Forfeiture and detention of vehicles etc.
47

(b)
he was, immediately before the detention of the vehicle, ship
or aircraft, in possession of it under a hire-purchase
agreement; or
(c)
he is a charterer of the ship or aircraft.
(4)
The court to which an application is made under subsection (3) may,
5
on such security or surety being tendered as it considers satisfactory,
release the vehicle, ship or aircraft on condition that it is made
available to the court if—
(a)
the arrested person is convicted; and
(b)
an order for its forfeiture is made under section 60A.
10
(5)
In this section, ‘court’ means—
(a)
in relation to England and Wales—
(i)
if the arrested person has not been charged, or he has
been charged but proceedings for the offence have
not begun to be heard, a magistrates’ court;
15
(ii)
if he has been charged and proceedings for the
offence are being heard, the court hearing the
proceedings;
(b)
in relation to Northern Ireland—
(i)
if the arrested person has not been charged, a
20
magistrates’ court for the county court division in
which he was arrested;
(ii)
if he has been charged but proceedings for the offence
have not begun to be heard, a magistrates’ court for
the county court division in which he was charged;
25
(iii)
if he has been charged and proceedings for the
offence are being heard, the court hearing the
proceedings.
(6)
In this section, ‘senior immigration officer’ means an immigration
officer (appointed or employed as such under the Immigration Act
30
1971) not below the rank of chief immigration officer.
60C
Sections 60A and 60B: interpretation
(1)
In this section and sections 60A and 60B, unless the contrary
intention appears—
‘aircraft’ includes hovercraft;
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‘captain’ means master (of a ship) or commander (of an
aircraft);
‘land vehicle’ means any vehicle other than a ship or aircraft;
‘ship’ includes every description of vessel used in navigation.
(2)
In sections 60A and 60B, a reference to being an owner of a vehicle,
40
ship or aircraft includes a reference to being any of a number of
persons who jointly own it.”
3
In section 142(2) (provisions extending to Northern Ireland), in paragraph
(a) for “to 60” substitute “to 60C”.