| Amendments proposed to the Violent Crime Reduction Bill - continued | House of Commons |
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Mr Humfrey Malins 273 Clause 31, page 33, line 17, at end, leave out 'are'.
Mr Humfrey Malins 274 Clause 31, page 33, line 18, at beginning, insert 'are'.
Mr Humfrey Malins 275 Clause 31, page 33, line 18, at end, leave out 'or' and insert 'and'.
Mr Humfrey Malins 276 Clause 31, page 33, line 19, leave out 'approved by such persons and in such manner as may be so set out' and insert 'must be subject to proper consultation and consideration by a working group consisting of a wide group of expert practitioners.'.
Mr Humfrey Malins 278 Clause 31, page 33, line 21, leave out 'an' and insert 'a realistic'.
Mr Humfrey Malins 279 Clause 31, page 33, line 23, leave out 'an' and insert 'a realistic'.
Mr Humfrey Malins 280 Clause 31, page 33, line 25, leave out 'an' and insert 'a realistic'.
Mr Humfrey Malins 281 Clause 31, page 33, line 27, leave out 'an' and insert 'a realistic'.
Mr Humfrey Malins 282 Clause 31, page 33, line 28, leave out 'an' and insert 'a realistic'.
Mr Humfrey Malins 283 Clause 31, page 33, line 40, leave out 'an' and insert 'a realistic'.
Mr Humfrey Malins 284 Clause 31, page 33, line 42, after 'of', insert 'realistic'.
Mr Humfrey Malins 285 Clause 32, page 34, line 13, leave out 'an' and insert 'realistic'.
Mr Humfrey Malins 286 Clause 32, page 34, line 15, leave out 'an' and insert 'realistic'.
Mr Humfrey Malins 298 Clause 32, page 34, line 17, leave out subsections (3) and (4) and insert—'(3) Where a person is charged with an offence under this section by reason of his own conduct it shall be a defence that—
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| (a) | he believed that the individual was aged 18 or over, and |
| (b) | either— |
| (i) | he had taken all reasonable steps to establish the individual's age, or |
| (ii) | nobody could reasonably have suspected from the individual's appearance that he was aged under 18. |
(4) For the purposes of subsection (3), a person is treated as having taken all reasonable steps to establish an individual's age if—
| (a) | he asked the individual for evidence of his age, and |
| (b) | the evidence would have convinced a reasonable person. |
(5) Where a person ("the accused") is charged with an offence under this section, by reason of the Act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.
(6) Subsection (1) does not apply where the individual buys or attempts to buy the imitation firearm at the request of a constable or an inspector of weights and measures, who is acting in the course of his duty.'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
287
Clause 32, page 34, line 30, in column 2, leave out 'an' and insert 'realistic'.
Lynne Featherstone
John Thurso
158
Clause 34, page 35, line 33, leave out subsection (2).
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
67
Clause 34, page 35, line 34, leave out 'eighteen' and insert 'nineteen'.
Lynne Featherstone
John Thurso
159
Clause 34, page 36, line 11, at end insert—
| '(d) | for the purposes of official battle re-enactments and similar events including veterans' fairs.'. |
Hazel Blears
303
Clause 34, page 36, line 16, at end insert—'(11D) 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. |
(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.'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
56
Clause 34, page 36, line 19, at end insert—'(6) A court shall, on a person's first conviction for an offence under Section 139(1) of the Criminal Justice Act 1988 (Placed article), pass a minimum custodial sentence of 3 months, unless exceptional circumstances exist in relation to the offence or the offender which justify its not so doing.'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
57
Clause 35, page 36, line 38, leave out 'the search' and insert 'searches'.
Hazel Blears
102
Clause 35, page 37, line 11, at end insert—'() A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
() The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
58
Clause 35, page 37, line 17, leave out from 'includes' to end of line 17 and insert 'all clothing save underwear and shoes'.
Hazel Blears
292
Clause 36, page 37, line 28, after, '25' insert ', (Sales of air weapons by way of trade or business to be face to face)'.
Hazel Blears
103
Clause 36, page 37, line 33, leave out paragraph (d).
Hazel Blears
293
Clause 36, page 37, line 34, at end insert—'() Sections 28 and 29 bind persons in the service of Her Majesty; and for the purposes of—
| (a) | this section, |
| (b) | those sections, and |
| (c) | any rule of law under which any of the provisions of section 24, 25, (Sales of air weapons by way of trade or business to be face to face), 30 or 31 do not bind the Crown, |
- a person is in the service of Her Majesty if he is deemed to be in such service (or to be in the naval, military or air service of Her Majesty) for the purposes of and under section 54 of the 1968 Act (Crown application).'.
Hazel Blears
107
Schedule 1, page 42, line 25, leave out sub-paragraph (a) and insert—
- '(a) for subsection (1) substitute—
| (a) | the relevant chief officer, or |
| (b) | the Director of Public Prosecutions, |
- if it appears to him that the condition in subsection (2) is met."'.
Hazel Blears
108
Schedule 1, page 44, line 8, at end insert—
'New relevant offence
| "8A | (1) | In paragraph 1 of Schedule 1 (offences), in subparagraphs (c), (k), and (q) after "under section" insert "4A or". |
| (2) | An offence is not a relevant offence by virtue of sub-paragraph (1) if it was committed before the commencement of this paragraph.'. |
Hazel Blears
109
Schedule 1, page 45, line 14, at end insert—
| '14 | In the section 3 of the Prosecution of Offences Act 1985 (c.23) (functions of the Director of Public Prosecutions), in subsection (2) after paragraph (fa) insert— |
| "(faa) | where it appears to him appropriate to do so, to have the conduct of applications made by him for orders under section 14B of the Football Spectators Act 1989 (banning orders made on complaint);"'. |
Lynne Featherstone
John Thurso
160
Clause 42, page 39, line 16, leave out from '"(c)' to end of line 17.
Hazel Blears
294
Schedule 3, page 48, line 4, column 2, at beginning insert—
| 'In section 3(1)(a), the word "or" at the end.'. |
Hazel Blears
295
Schedule 3, page 48, line 4, column 2, at end insert—
| 'In section 40(2), the words from "to firearms" to "therein".'. |
Hazel Blears
306
Schedule 3, page 48, line 4, column 2, at end insert—
| 'In section 51A(1)(a)(i), the word "or" at the end.'. |
Hazel Blears
307
Schedule 3, page 48, line 11, at end insert—
| 'Criminal Justice Act 1988 (c.33) | Section 141(3).'. |
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| ©Parliamentary copyright 2005 | Prepared 25 Oct 2005 |