Amendments proposed to the Violent Crime Reduction Bill - continued House of Commons

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Alcohol Disorder Zone (Designation) Tribunal for Wales

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC16

To move the following Clause:—

    '(1)   There shall be a tribunal to be known as the Alcohol Disorder Zone (Designation) Tribunal for Wales.

    (2)   Sections Appeals against designation of zones to Tribunal President shall apply in relation to that tribunal as they apply in relation to the Alcohol Disorder Zone (Designation) Tribunal, but as if—

    (a) functions of the Secretary of State were functions of the National Assembly for Wales,

    (b) references to the Secretary of State were references to the National Assembly for Wales,

    (c) requirements for the Treasury's consent were omitted.

    (3)   The powers of the National Assembly for Wales under sections 16B(4) and (5) and 16C(2) are exercisable only with the agreement of the Secretary of State.'.


NEW SCHEDULE

   

Hazel Blears

NS1

*To move the following Schedule:—

'weapons, etc: corresponding provisions for northern ireland

    Using someone to mind a weapon

    15 (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 intended to facilitate, the weapon's being available to him for an unlawful purpose.

    (2) For the purposes of this paragraph the cases in which a dangerous weapon is to be regarded as available to a person for an unlawful purpose include any case where—

        (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.

    (3) In this paragraph "dangerous weapon" means—

        (a)   a firearm other than an exempt air gun or a component part of, or accessory to, an exempt air gun; or

        (b)   a weapon to which Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (1996/3160 (NI 24)) applies (knives and bladed weapons).

    (4) In sub-paragraph (3)(a) "exempt air gun" means an air gun to which paragraph 9(1) of Schedule 1 of the Firearms Order applies (air guns for which firearm certificate not required).

    Penalty for offence under paragraph 15

    16 (1) This paragraph applies where a person ("the offender") is guilty of an offence under paragraph 15.

    (2) Where the dangerous weapon in respect of which the offence was committed is a weapon to which Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (1996/3160 (NI 24)) (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.

    (3) Where—

        (a)   at the time of the offence, the offender was aged 16 or over, and

        (b)   the dangerous weapon in respect of which the offence was committed was a firearm mentioned in Article 3(1)(a) or 45(1)(a), (aa), (b), (c), (d), (e) or (g) or (2)(a) of the Firearms Order (firearms possession of which attracts a minimum sentence),

    the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.

    (4) On a conviction where—

        (a)   sub-paragraph (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 term of imprisonment of 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.

    (5) On a conviction, where—

        (a)   sub-paragraph (3) applies, and

        (b)   the offender is aged under 21 at the time of conviction,

    the court must impose (with or without a fine) a term of detention in a young offenders centre 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.

    (6) In any case not mentioned in sub-paragraph (2) or (3), the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

    (7) Where—

        (a)   a court is considering for the purposes of sentencing the seriousness of an offence under this paragraph, 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 as an aggravating factor (that is to say, a factor increasing the seriousness of the offence).

    (8) Where a court treats a person's age as an aggravating factor in accordance with sub-paragraph (7), it must state in open court that the offence was aggravated as mentioned in that sub-paragraph.

    (9) Where—

        (a)   an offence under paragraph 1 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 days, and

        (b)   on any day in that period, an age requirement was satisfied,

    the question whether sub-paragraph (3) applies or (as the case may be) the question whether the offence was aggravated under this paragraph is to be determined as if the offence had been committed on that day.

    (10) In sub-paragraph (9) the reference to an age requirement is a reference to either of the following—

        (a)   the requirement of sub-paragraph (3) that the offender was aged 16 or over at the time of the offence;

        (b)   the requirement of sub-paragraph (7) that the offender was aged 18 or over at that time and that the other person was not.

    Minimum sentence for certain firearms offences

    17 (1) The Firearms Order is amended as follows.

    (2) In Article 70 (which imposes minimum sentence requirements for certain offences involving the possession of various firearms), in paragraph (1)—

        (a)   in sub-paragraph (a)(iii) for "and" substitute "or";

        (b)   after sub-paragraph (a)(iii) insert—

      "(iv) an offence under any of the provisions of this Order listed in paragraph (1A) in respect of a firearm or ammunition specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d), (e) or (g) or (2)(a), and".

    (3) After paragraph (1) of that Article insert—

        "(1A)   The provisions are—

      (a) Article 58 (possession of a firearm with intent);

    (b) Article 59 (use of firearm to resist arrest);

    (c) Article 60 (carrying a firearm with criminal intent);

    (d) Article 61(1) (carrying a firearm in a public place);

    (e) Article 62 (trespassing in a building with a firearm)."

    (4) In Schedule 5 (prosecution and punishment of offences), in column 3, in paragraph (a) of the entries relating to Articles 61(1) and 62(1), after "Summary", in each place, insert "except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a)".

    (5) This paragraph applies only to offences committed after the commencement of this paragraph.

    Restriction on sale and purchase of ammunition loading presses

    18 (1) It is an offence for a person to sell an ammunition loading press to another unless that other person falls within sub-paragraph (2).

    (2) A person falls within this sub-paragraph if—

        (a)   he holds a firearms dealer's certificate;

        (b)   he sells ammunition loading presses by way of any trade or business;

        (c)   he produces a certificate authorising him to possess a firearm;

        (d)   he produces a certificate authorising him to possess ammunition for a firearm;

        (e)   he shows that he is a person in the service of the Crown who is entitled under sub-paragraph (5) to acquire an ammunition loading press;

        (f)   he shows that he is entitled, by virtue of the Firearms Order or any other enactment and otherwise than by virtue of being a person in the service of the Crown, to have possession of a firearm, or of ammunition for a firearm, without a certificate; or

        (g)   he produces a certificate authorising another person to have possession of a firearm, or of such ammunition, together with that other person's authority to purchase the ammunition loading press on his behalf.

    (3) It is an offence for a person to buy or to attempt to buy an ammunition loading press unless he falls within sub-paragraph (4).

    (4) A person falls within this sub-paragraph if—

        (a)   he holds a firearms dealer's certificate;

        (b)   he sells ammunition loading presses by way of any trade or business;

        (c)   he holds a certificate authorising him to possess a firearm;

        (d)   he holds a certificate authorising him to possess ammunition for a firearm;

        (e)   he is a person in the service of the Crown who is entitled under sub-paragraph (5) to acquire an ammunition loading press;

        (f)   he is entitled, by virtue of the Firearms Order or any other enactment and otherwise than by virtue of being a person in the service of the Crown, to have possession of a firearm, or of ammunition for a firearm, without a certificate; or

        (g)   he is in possession of a certificate authorising another person to have possession of a firearm, or of ammunition for a firearm, and has that other person's authority to purchase the ammunition loading press on his behalf.

    (5) A person who is in the service of the Crown is entitled to acquire an ammunition loading press if—

        (a)   he is duly authorised in writing to acquire firearms and ammunition for the public service; or

        (b)   he is a person who is authorised to purchase a firearm or ammunition by virtue of a certificate issued in accordance with Article 77(2)(c) of the Firearms Order (certificates for persons in armed forces).

    (6) An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

    (7) In this paragraph—

      "ammunition loading press" includes ammunition loading die;

      "enactment" includes one passed or made after the passing of this Act.

    Manufacture, import and sale of realistic imitation firearms

    19 (1) A person is guilty of an offence if—

        (a)   he manufactures a realistic imitation firearm;

        (b)   he modifies an imitation firearm so that it becomes a realistic imitation firearm;

        (c)   he sells a realistic imitation firearm; or

        (d)   he brings a realistic imitation firearm into Northern Ireland or causes one to be brought into Northern Ireland.

    (2) Sub-paragraph (1) has effect subject to the defences in paragraph 20.

    (3) The Secretary of State may by regulations—

        (a)   provide for exceptions and exemptions from the offence under sub-paragraph (1); and

        (b)   provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

    (4) Regulations under sub-paragraph (3) may—

        (a)   frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;

        (b)   provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and

        (c)   confer the function of giving approvals or consents on such persons specified or described in the regulations as the Secretary of State thinks fit.

    (5) The power of the Secretary of State to make regulations under sub-paragraph (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

    (6) That power includes power—

        (a)   to make different provision for different cases;

        (b)   to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

        (c)   to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

    (7) An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

    (8) In this paragraph "realistic imitation firearm" has the meaning given by paragraph 21.

    20 (1) It shall be a defence for a person charged with an offence under paragraph 19 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in sub-paragraph (2).

    (2) Those purposes are—

        (a)   the purposes of a museum or gallery that does not distribute any profits it makes;

        (b)   the purposes of theatrical performances and of rehearsals for such performances;

        (c)   the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c.48) - see section 5B of that Act);

        (d)   the production of television programmes (within the meaning of the Communications Act 2003 (c.21) - see section 405(1) of that Act);

        (e)   the purposes of historical re-enactments organised and held by persons specified or described for the purposes of this paragraph by regulations made by the Secretary of State.

    (3) For the purposes of this paragraph a person shall be taken to have shown a matter specified in sub-paragraph (1) if—

        (a)   sufficient evidence of that matter is adduced to raise an issue with respect to it; and

        (b)   the contrary is not proved beyond a reasonable doubt.

    (4) The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

    (5) That power includes power—

        (a)   to make different provision for different cases;

        (b)   to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

        (c)   to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

    (6) In this paragraph—

      "historical re-enactment" means any presentation or other event held as a re-enactment of an historical event;

      "museum or gallery" includes any institution which—

        (i)   has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and

        (j)   gives the public access to it.

    21 (1) In paragraph 19 "realistic imitation firearm" means an imitation firearm which—

        (a)   has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and

        (b)   is neither a de-activated firearm nor itself an antique.

    (2) For the purposes of this paragraph, an imitation firearm is not (except by virtue of sub-paragraph ((3)(b))) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—

        (a)   by an expert;

        (b)   on a close examination; or

        (c)   as a result of an attempt to load or to fire it.

    (3) In determining for the purposes of this paragraph whether an imitation firearm is distinguishable from a real firearm—

        (a)   the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and

        (b)   the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

    (4) The Secretary of State may by regulations provide that, for the purposes of sub-paragraph (3)(b)—

        (a)   the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and

        (b)   a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.

    (5) The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

    (6) That power includes power—

        (a)   to make different provision for different cases;

        (b)   to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

        (c)   to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

    (7) In this paragraph—

      "colour" is to be construed in accordance with sub-paragraph (9);

      "de-activated firearm" means an imitation firearm that consists in something which—

        (k)   was a firearm; but

        (l)   has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;

      "real firearm" means—

        (m)   a firearm of an actual make or model of modern firearm (whether existing or discontinued); or

        (n)   something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.

    (8) In sub-paragraph (7) "modern firearm" means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.

    (9) References in this paragraph, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.

    (10) Article 2(7) of the Firearms Order (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this paragraph as it applies for the purposes of that Order.

    Specification for imitation firearms

    22 (1) The Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are—

        (a)   set out in the regulations; or

        (b)   approved by such persons and in such manner as may be so set out.

    (2) A person is guilty of an offence if—

        (a)   he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under this paragraph;

        (b)   he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;

        (c)   he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or

        (d)   he brings an imitation firearm which does not conform to the specifications so required of it into Northern Ireland or causes such an imitation firearm to be brought into Northern Ireland.

    (3) An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

    (4) Regulations under this paragraph may provide that, in proceedings for an offence under this paragraph, it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is—

        (a)   specified in the regulations; or

        (b)   determined for the purpose in accordance with provisions contained in the regulations.

    (5) The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament

    (6) That power includes power—

        (a)   to make different provision for different cases;

        (b)   to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

        (c)   to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

    Supplying imitation firearms to minors

    23 (1) After Article 66 of the Firearms Order insert—

        66A   "Supplying imitation firearms to minors

        (1)   It is an offence for a person under the age of 18 to purchase an imitation firearm.

        (2)   It is an offence to sell an imitation firearm to a person under the age of 18.

        (3)   In proceedings for an offence under paragraph (2) it is a defence to show that the person charged with the offence—

      (a) believed the other person to be aged 18 or over; and

    (b) had reasonable ground for that belief."

    (2) In Article 68 of that Order (defences) for "or 64" substitute ", 64 or 66A"

    (3) In Schedule 5 (punishments) of that Order, after the entry for Article 66 insert—

"Article 66A(1) or (2)Acquisition by a minor of an imitation firearm and supplying him.Summary6 months or level 5 or both."

    Increase of maximum sentence for possessing an imitation firearm

    24 (1) In the entry in Schedule 5 to the Firearms Order relating to Article 61(1) of that Order (mode of trial and punishment of possession of firearm or imitation firearm in a public place)—

        (a)   in paragraph (b) of column 3 (offence to be triable on indictment except in the case of an imitation firearm or air gun), omit the words "in the case of an imitation firearm or"; and

        (b)   in column 4, for "10 years or a fine or both" substitute "If the offence is committed in respect of an imitation firearm, 12 months or a fine, or both; in any other case, 10 years or a fine, or both."

    (2) This paragraph applies only to offences committed after the commencement of this paragraph.

    Sale etc. of knives and other weapons

    25  In Article 54(1) of the Criminal Justice (Northern Ireland) Order 1996 (1996/3160 (NI 24)) (prohibition on sale of knives, etc to persons under 16) for "16" substitute "18".

    26 (1) Section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) is amended as follows.

    (2) In subsections (5), (8) and (9) of section 141 (defences relating to museums and galleries to offence of manufacture, sale etc. of prescribed weapons), for "prove" substitute "show".

    (3) After subsection (11) of that section insert—

      "(11A) It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies—

          (a)   with an offence under subsection (1) above, or

        (b)   with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

    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) Those purposes are—

        (a)   the purposes of theatrical performances and of rehearsals for 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 of the Communications Act 2003 - see section 405(1) of that Act).

    (11C) The Secretary of State may by order made by statutory instrument—

        (a)   provide for exceptions and exemptions from the offence under subsection (1) above or from the prohibition in subsection (4) above; and

        (b)   provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the regulations.

    (11D) For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) above if—

        (a)   sufficient evidence of that matter is adduced to raise an issue with respect to it; and

        (b)   the contrary is not proved beyond a reasonable doubt.

    (11E) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House."

    (4) 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 paragraph.

    Sale etc. of crossbows

    27 (1) In the Crossbows (Northern Ireland) Order 1988 (SI 1988/794 (NI 5), in the provisions mentioned in sub-paragraph (2), for "seventeen", in each place it occurs, substitute "eighteen".

    (2) The provisions are—

        (a)   Article 3 (sale and letting on hire);

        (b)   Article 4 (purchase and hiring);

        (c)   Article 5 (possession).

    Supplemental

    28 (1) In this Schedule—

      "the Firearms Order" means the Firearms (Northern Ireland) Order 2004 (SI 2004/ 702 (NI 3));

      "enactment" includes a provision contained in Northern Ireland legislation.

    (2) Expressions used in this Schedule and in the Firearms Order have the same meanings in this Schedule as in that Order.

    (3) The following provisions of the Firearms Order apply as if paragraphs 15, 16 and 18 to 22 of this Schedule were contained in that Order—

        (a)   Article 52 (power of search with warrant);

        (b)   Article 69(4) (limitation period for prosecutions);

        (c)   Article 72 (forfeiture and disposal of firearms and ammunition);

        (d)   Article 81 (savings).

    (4) Paragraph 18 binds persons in the service of the Crown; and Article 77(3) of the Firearms Order (certain persons deemed to be in armed forces) applies for the purposes of—

        (a)   this paragraph,

        (b)   paragraph 18,

        (c)   any rule of law under which any of the provisions of paragraph 15, 16, 19 or 22 do not bind the Crown,

    as it applies for the purposes of Article 77.

    (5) In Article 72 of the Firearms Order, after paragraph (7) insert—

      "(8) In this Article references to ammunition include references to an ammunition loading press (within the meaning of paragraph 18 of Schedule (Weapons, etc.: corresponding provisions for Northern Ireland) to the Violent Crime Reduction Act 2005)."'.


ORDER OF THE HOUSE [20TH JUNE 2005]

That the following provisions shall apply to the Violent Crime Reduction Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 25th October 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [13th OCTOBER 2005]

That—

    (1)   during proceedings on the Violent Crime Reduction Bill the Standing Committee shall (in addition to its first meeting at 9.00 a.m. on Thursday 13th October) meet—

    (a) at 10.30 a.m. and 4.00 p.m. on Tuesday 18th October;

    (b) at 9.00 a.m. and 1.00 p.m. on Thursday 20th October;

    (c) at 10.30 a.m. and 4.00 p.m. on Tuesday 25th October; and

    (2)   the proceedings shall be taken in the following order namely Clauses 1 to 23; Clauses 24 to 37; Schedule 1; Clause 38; Schedule 2; Clauses 39 to 44; Schedule 3; Clause 45; new Clauses; new Schedules; remaining proceedings on the Bill and shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 25th October.


 
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