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 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
(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 irelandUsing someone to mind a weapon
(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.
(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.
(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 (N.I. 24)) applies (knives and bladed weapons).
Penalty for offence under paragraph 1
(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.
(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.
(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.
(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).
(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.
(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
(a) in sub-paragraph (a)(iii) for "and" substitute "or";
(b) after sub-paragraph (a)(iii) insert
"(1A) The provisions are
Restriction on sale and purchase of ammunition loading presses
(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.
(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.
(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).
"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
(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.
(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.
(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.
(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.
(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.
(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.
(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.
"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
(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.
(a) by an expert;
(b) on a close examination; or
(c) as a result of an attempt to load or to fire it.
(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.
(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.
(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.
"colour" is to be construed in accordance with sub-paragraph (9); "de-activated firearm" means an imitation firearm that consists in something which
"real firearm" means
Specification for imitation firearms
(a) set out in the regulations; or
(b) approved by such persons and in such manner as may be so set out.
(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.
(a) specified in the regulations; or
(b) determined for the purpose in accordance with provisions contained in the regulations.
(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
"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
Increase of maximum sentence for possessing an imitation firearm
(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."
Sale etc. of knives and other weapons
"(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
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
(11C) The Secretary of State may by order made by statutory instrument
(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
(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."
Sale etc. of crossbows
(a) Article 3 (sale and letting on hire);
(b) Article 4 (purchase and hiring);
(c) Article 5 (possession).
Supplemental
"the Firearms Order" means the Firearms (Northern Ireland) Order 2004 (SI 2004/ 702 (NI 3)); "enactment" includes a provision contained in Northern Ireland legislation.
(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).
(a) this paragraph,
(b) paragraph 4,
(c) any rule of law under which any of the provisions of paragraph 1, 2, 5 or 8 do not bind the Crown, as it applies for the purposes of Article 77.
"(8) In this Article references to ammunition include references to an ammunition loading press (within the meaning of paragraph 4 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
(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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