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Football banning orders and football-related consequential amendments |
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1 | The Football Spectators Act 1989 (c. 37) is amended as follows. |
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Banning orders: bail conditions |
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2 (1) | In section 14A (banning orders on conviction of an offence), after subsection |
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“(4BA) | If the court adjourns or further adjourns any proceedings under |
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subsection (4A) or (4B), the court may remand the offender. |
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(4BB) | A person who, by virtue of subsection (4BA), is remanded on bail |
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may be required by the conditions of his bail— |
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(a) | not to leave England and Wales before his appearance before |
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(b) | if the control period relates to a regulated football match |
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outside the United Kingdom or to an external tournament |
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which includes such matches, to surrender his passport to a |
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police constable, if he has not already done so.” |
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(2) | In subsection (4C) of that section, omit “But” and after “a warrant” insert |
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“under subsection (4B) above”. |
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(3) | In section 14B (banning orders on a complaint), after subsection (4) insert— |
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“(5) | If the magistrates’ court adjourns proceedings on an application |
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under this section, the court may remand the person in respect of |
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whom the application is made. |
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(6) | A person who, by virtue of subsection (5) above, is remanded on bail |
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under section 128 of the Magistrates’ Courts Act 1980 may be |
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required by the conditions of his bail— |
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(a) | not to leave England and Wales before his appearance before |
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(b) | if the control period relates to a regulated football match |
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outside the United Kingdom or to an external tournament |
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which includes such matches, to surrender his passport to a |
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police constable, if he has not already done so.” |
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Appeals against decisions not to make banning orders |
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3 (1) | In section 14A (banning order made on conviction for an offence), after |
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“(5A) | The prosecution has a right of appeal against a failure by the court to |
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make a banning order under this section— |
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(a) | where the failure is by a magistrates’ court, to the Crown |
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(b) | where it is by the Crown Court, to the Court of Appeal. |
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(5C) | An appeal under subsection (5A)(b) may be brought only if the Court |
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of Appeal gives permission or the judge who decided not to make an |
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order grants a certificate that his decision is fit for appeal. |
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(5D) | An order made on appeal under this section (other than one |
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directing that an application be re-heard by the court from which the |
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appeal was brought) is to be treated for the purposes of this Part as if |
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it were an order of the court from which the appeal was brought.” |
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(2) | In section 14D (appeals against banning orders made on complaint), after |
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“(1A) | An appeal lies to the Crown Court against the dismissal by a |
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magistrates’ court of an application for the making of a banning |
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order under section 14B above.” |
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(3) | In subsection (2) of that section, for “the appeal” substitute “an appeal under |
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Applications for banning orders under section 14B |
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4 (1) | In section 14B (banning orders made on a complaint)— |
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(a) | in subsection (1) for “the chief officer of police for the area in which |
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the person resides or appears to reside” substitute “the relevant chief |
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(b) | after subsection (1) insert— |
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“(1A) | In subsection (1) ‘the relevant chief officer’ means— |
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(a) | the chief officer of police of any police force |
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maintained for a police area; or |
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(b) | the chief constable of the British Transport Police |
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(2) | In section 21B(4) (summary measures: reference to a court), for “the chief |
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officer of police for the area in which the person resides or appears to reside” |
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substitute “the relevant chief officer”. |
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Notification obligations under banning orders |
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5 (1) | Section 14E (banning orders: general) is amended as follows. |
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(2) | After subsection (2) insert— |
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“(2A) | A banning order must require the person subject to the order to give |
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notification of the events mentioned in subsection (2B) to the |
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(a) | a change of any of his names; |
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(b) | the first use by him after the making of the order of a name |
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for himself that was not disclosed by him at the time of the |
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(c) | a change of his home address; |
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(d) | his acquisition of a temporary address; |
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(e) | a change of his temporary address or his ceasing to have one; |
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(f) | the loss of his passport; |
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(g) | receipt by him of a new passport and the details of that |
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(h) | an appeal made by him in relation to the order; |
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(i) | an application made by him under section 14H(2) for |
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termination of the order; |
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(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 |
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of which he has been convicted. |
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(2C) | A notification required by a banning order by virtue of subsection |
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(2A) must be given before the end of the period of seven days |
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beginning with the day on which the event in question occurs.” |
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(3) | After subsection (7) insert— |
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‘declaration of relevance’ has the same meaning as in section 23; |
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‘home address’, in relation to any person, means the address of |
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his sole or main residence; |
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‘loss’ includes theft or destruction; |
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‘new’ includes replacement; |
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‘temporary address’, in relation to any person, means the |
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address (other than his home address) of a place at which he |
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intends to reside, or has resided, for a period of at least four |
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Duration of banning orders |
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6 | In section 14F(5) (duration of banning orders), for “three” substitute “five” |
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and for “two” substitute “three”. |
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Notices during control periods |
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7 | In section 19 (functions of enforcing authority and local police), after |
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subsection (2E)(b) insert— |
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“(c) | must require him to notify the enforcing authority within the |
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time period specified in the notice of each address at which |
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he intends to stay, or has stayed, for one night or more in a |
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period which is the control period in relation to a regulated |
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Deemed receipt of notices and other documents |
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8 (1) | In section 25 (service of documents), after subsection (1) insert— |
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“(1A) | A notice or other document served in accordance with subsection (1) |
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on a person who is the subject of a banning order is to be deemed to |
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be received by him at the time when it is served unless he proves |
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(2) | In section 21(7) (service of notices under section 19), after “subsection (6) |
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above” insert “(instead of section 25(1A))”. |
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Meaning of “spectator” in Part 1 |
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9 | For section 1(6) of the Football Spectators Act 1989 (c. 37) (definition of |
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“authorised spectator”) substitute— |
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“(6) | A person is not to be regarded as a ‘spectator’ in relation to a |
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designated football match if the principal purpose of his being on the |
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premises is to provide services in connection with the match, or to |
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General provisions relating to licences to admit spectators |
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10 | In section 10(17) of that Act (licences to admit spectators: general), for “, the |
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licensing authority or the Football Membership Authority” substitute “or the |
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Declarations of relevance |
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11 | In section 23 of that Act (provisions about declarations of relevance), at the |
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“(5) | In this section ‘declaration of relevance’ means a declaration by a |
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court for the purposes of Schedule 1 to this Act that an offence related |
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to football matches, or that it related to one or more particular |
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Periods relevant to football matches |
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12 | For paragraph 4(2) of Schedule 1 to that Act (meaning of period relevant to |
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a football match) substitute— |
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“(2) | For the purposes of this Schedule each of the following periods is |
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‘relevant to’ a football match to which this Schedule applies— |
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(a) | in the case of a match which takes place on the day on |
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which it is advertised to take place, the period— |
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(i) | beginning 24 hours before whichever is the earlier |
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of the start of the match and the time at which it |
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was advertised to start; and |
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(ii) | ending 24 hours after it ends; |
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(b) | in the case of a match which does not take place on the day |
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on which it was advertised to take place, the period— |
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(i) | beginning 24 hours before the time at which it was |
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advertised to start on that day; and |
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(ii) | ending 24 hours after that time.” |
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Amendments of other enactments |
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13 (1) | In each of the enactments specified in sub-paragraph (2), for “declaration of |
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relevance under” substitute “declaration of relevance, within the meaning of |
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(2) | Those provisions are— |
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(a) | section 50(1)(h) of the Criminal Appeal Act 1968 (c. 19); and |
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(b) | section 108(3) of the Magistrates’ Courts Act 1980 (c. 43). |
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(3) | This paragraph does not apply in relation to declarations made before the |
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commencement of paragraph 11. |
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Forfeiture and detention of vehicles etc. |
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1 | The Sexual Offences Act 2003 (c. 42) is amended as follows. |
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2 | After section 60 (sections 57 to 59: interpretation and jurisdiction) insert— |
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“60A | Forfeiture of land vehicle, ship or aircraft |
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(1) | This section applies if a person is convicted on indictment of an |
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offence under sections 57 to 59. |
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(2) | The court may order the forfeiture of a land vehicle used or intended |
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to be used in connection with the offence if the convicted person— |
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(a) | owned the vehicle at the time the offence was committed; |
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(b) | was at that time a director, secretary or manager of a |
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company which owned the vehicle; |
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(c) | was at that time in possession of the vehicle under a hire- |
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(d) | was at that time a director, secretary or manager of a |
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company which was in possession of the vehicle under a hire- |
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(e) | was driving the vehicle in the course of the commission of the |
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(3) | The court may order the forfeiture of a ship or aircraft used or |
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intended to be used in connection with the offence if the convicted |
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(a) | owned the ship or aircraft at the time the offence was |
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(b) | was at that time a director, secretary or manager of a |
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company which owned the ship or aircraft; |
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(c) | was at that time in possession of the ship or aircraft under a |
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(d) | was at that time a director, secretary or manager of a |
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company which was in possession of the ship or aircraft |
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under a hire-purchase agreement; |
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(e) | was at the time a charterer of the ship or aircraft; or |
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(f) | committed the offence while acting as captain of the ship or |
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(4) | But in a case to which subsection (3)(a) or (b) does not apply, |
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forfeiture may be ordered only— |
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(a) | in the case of a ship, if subsection (5) or (6) applies; |
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(b) | in the case of an aircraft, if subsection (5) or (7) applies. |
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(5) | This subsection applies where a person who, at the time the offence |
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was committed, owned the ship or aircraft or was a director, |
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secretary or manager of a company which owned it, knew or ought |
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to have known of the intention to use it in the course of the |
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commission of an offence under sections 57 to 59. |
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(6) | This subsection applies where a ship’s gross tonnage is less than 500 |
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(7) | This subsection applies where the maximum weight at which an |
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aircraft (which is not a hovercraft) may take off in accordance with |
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its certificate of airworthiness is less than 5,700 kilogrammes. |
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(8) | Where a person who claims to have an interest in a land vehicle, ship |
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or aircraft applies to a court to make representations on the question |
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of forfeiture, the court may not make an order under this section in |
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respect of the vehicle, ship or aircraft unless the person has been |
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given an opportunity to make representations. |
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60B | Detention of land vehicle, ship or aircraft |
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(1) | If a person has been arrested for an offence under sections 57 to 59, a |
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constable or a senior immigration officer may detain a relevant |
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vehicle, ship or aircraft— |
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(a) | until a decision is taken as to whether or not to charge the |
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arrested person with that offence; |
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(b) | if the arrested person has been charged, until he is acquitted, |
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the charge against him is dismissed or the proceedings are |
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(c) | if he has been charged and convicted, until the court decides |
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whether or not to order forfeiture of the vehicle, ship or |
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(2) | A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in |
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relation to an arrested person if it is a land vehicle, ship or aircraft |
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which the constable or officer concerned has reasonable grounds for |
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believing could, on conviction of the arrested person for the offence |
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for which he was arrested, be the subject of an order for forfeiture |
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(3) | A person (other than the arrested person) may apply to the court for |
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the release of a land vehicle, ship or aircraft on the grounds that— |
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(a) | he owns the vehicle, ship or aircraft; |
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(b) | he was, immediately before the detention of the vehicle, ship |
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or aircraft, in possession of it under a hire-purchase |
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(c) | he is a charterer of the ship or aircraft. |
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(4) | The court to which an application is made under subsection (3) may, |
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on such security or surety being tendered as it considers satisfactory, |
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release the vehicle, ship or aircraft on condition that it is made |
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available to the court if— |
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(a) | the arrested person is convicted; and |
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(b) | an order for its forfeiture is made under section 60A. |
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(5) | In this section, ‘court’ means— |
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(a) | in relation to England and Wales— |
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(i) | if the arrested person has not been charged, or he has |
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been charged but proceedings for the offence have |
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not begun to be heard, a magistrates’ court; |
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(ii) | if he has been charged and proceedings for the |
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offence are being heard, the court hearing the |
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(b) | in relation to Northern Ireland— |
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(i) | if the arrested person has not been charged, a |
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magistrates’ court for the county court division in |
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(ii) | if he has been charged but proceedings for the offence |
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have not begun to be heard, a magistrates’ court for |
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the county court division in which he was charged; |
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(iii) | if he has been charged and proceedings for the |
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offence are being heard, the court hearing the |
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(6) | In this section, ‘senior immigration officer’ means an immigration |
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officer (appointed or employed as such under the Immigration Act |
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1971) not below the rank of chief immigration officer. |
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60C | Sections 60A and 60B: interpretation |
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(1) | In this section and sections 60A and 60B, unless the contrary |
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‘aircraft’ includes hovercraft; |
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‘captain’ means master (of a ship) or commander (of an |
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‘land vehicle’ means any vehicle other than a ship or aircraft; |
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‘ship’ includes every description of vessel used in navigation. |
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(2) | In sections 60A and 60B, a reference to being an owner of a vehicle, |
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ship or aircraft includes a reference to being any of a number of |
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persons who jointly own it.” |
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3 | In section 142(2) (provisions extending to Northern Ireland), in paragraph |
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(a) for “to 60” substitute “to 60C”. |
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