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

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Sale etc. of crossbows

   

Hazel Blears

NC22

To move the following Clause:—

    '(1)   In the Crossbows Act 1987 (c.32), in the provisions mentioned in subsection (2), for "seventeen", in each place it occurs, substitute "eighteen".

    (2)   The provisions are—

(a) section 1 (sale and letting on hire);

(b) section 2 (purchase and hiring);

(c) section 3 (possession).'.


Corresponding provision for Northern Ireland

   

Hazel Blears

NC23

To move the following Clause:—


Continuity of sexual offences law

   

Hazel Blears

NC24

To move the following Clause:—

    '(1)   This section applies where, in any proceedings—

(a) a person ("the defendant") is charged in respect of the same conduct both with an offence under the Sexual Offences Act 2003 (c.42) ("the 2003 Act offence") and with an offence specified in subsection (2) ("the pre-commencement offence");

(b) the only thing preventing the defendant from being found guilty of the 2003 Act offence is the fact that it has not been proved beyond a reasonable doubt that the time when the conduct took place was after the coming into force of the enactment providing for the offence; and

(c) the only thing preventing the defendant from being found guilty of the pre-commencement offence is the fact that it has not been proved beyond a reasonable doubt that that time was before the coming into force of the repeal of the enactment providing for the offence.

    (2)   The offences referred to in subsection (1)(a) are—

(a) any offence under the Sexual Offences Act 1956 (c.69);

(b) an offence under section 4 of the Vagrancy Act 1824 (c.83) (obscene exposure);

(c) an offence under section 28 of the Town Police Clauses Act 1847 (c.89) (indecent exposure);

(d) an offence under section 61 or 62 of the Offences against the Person Act 1861 (c.100) (buggery etc.);

(e) an offence under section 128 of the Mental Health Act 1959 (c.72) (sexual intercourse with patients);

(f) an offence under section 1 of the Indecency with Children Act 1960 (c.33) (indecency with children);

(g) an offence under section 4 or 5 of the Sexual Offences Act 1967 (procuring an man to commit buggery and living on the earnings of male prostitution);

(h) an offence under section 9 of the Theft Act 1968 (c.60) (burglary, including entering premises with intent to commit rape);

(i) an offence under section 54 of the Criminal Law Act 1977 (c.45) (incitement of girl under 16 to commit incest);

(j) an offence under section 1 of the Protection of Children Act 1978 (c.37) (indecent photographs of children);

(k) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c.44) (abuse of position of trust);

(l) an offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (c.41) (traffic in prostitution).

    (3)   For the purpose of determining the guilt of the defendant it shall be conclusively presumed that the time when the conduct took place was—

(a) if the maximum penalty for the pre-commencement offence is less than the maximum penalty for the 2003 Act offence, a time before the coming into force of the repeal of the enactment providing for the pre-commencement offence; and

(b) in any other case, a time after the coming into force of the enactment providing for the 2003 Act offence.

    (4)   In subsection (3) the reference, in relation an offence, to the maximum penalty is a reference to the maximum penalty by way imprisonment or other detention that could be imposed on the defendant on conviction of the offence in the proceedings in question.

    (5)   A reference in this section to an offence under the Sexual Offences Act 2003 (c.42) or to an offence specified in subsection (2) includes a reference to—

(a) inciting the commission of that offence;

(b) conspiracy to commit that offence; and

(c) attempting to commit that offence;

    (6)   This section applies to any proceedings, whenever commenced, other than proceedings in which the defendant has been convicted or acquitted of the 2003 Act offence or the pre-commencement offence before the commencement of this section.'.


Provisions relating to the Scottish Parliament

   

Mr Alex Salmond
Stewart Hosie
Angus Robertson
Pete Wishart
Mr Mike Weir
Mr Angus MacNeil

NC1

To move the following Clause:—

(a) a licensing scheme for the sale or hire of air weapons or ammunition for air weapons;

(b) a licensing scheme for the purchase or possession of air weapons or ammunition for air weapons;

(c) a ban or restriction on the sale, hire, purchase or possession of air weapons or ammunition for air weapons.'.


Matters relating to Scotland

   

Mr Alex Salmond
Stewart Hosie
Angus Robertson
Pete Wishart
Mr Mike Weir
Mr Angus MacNeil

NC2

To move the following Clause:—

    '(1)   Section 26 and 27 so far as they extend to Scotland shall be regarded as within the legislative competence of the Scottish Parliament.

    (2)   The Scotland Act 1998 shall be amended as follows—

    (3)   In Schedule 5, Head B4, after "1997", insert—

"Exception


Offences against 'public servants'

   

Mr James Clappison

NC3

To move the following Clause:—

    '    An offence is aggravated by reason of being committed against a public servant for the purposes of Sections [Offences against public servants: malicious wounding etc.] and [Offences against public servants: harassment etc.] if the victim is a public servant under the provisions of Section [Definition of "public servant"].'.


Definition of 'public servant'

   

Mr James Clappison

NC4

To move the following Clause:—

(a) he is an employee of a public authority acting in the course of his employment;

(b) he is engaged in the provision of care on behalf of the National Health Service and acting in the course of his employment;

(c) he is engaged in the provsion of education in maintained schools or further or higher education and acting in the course of his employment;

(d) he is employed by central or local government, including fire services, and is acting in the course of his employment;

(e) he is engaged in the provision of social housing and is acting in the course of his employment;

(f) he is engaged in the provision of public transport, including railways, buses and taxis, and is acting in the course of his employment.'.


Offences agains public servants: malicious wounding etc.

   

Mr James Clappison

NC5

To move the following Clause:—

    '(1)   A person is guilty of an offence under this section if he commits—

(a) an offence under section 20 of the Offences Against the Person Act 1861 (24 and 25 Vict c. 100) (malicious wounding or grievious bodily harm),

(b) an offence against section 47 of that Act (actual bodily harm), or

(c) common assault,

    (2)   A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding the statutory maximum, or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

    (3)   A person guilty of an offence falling with subsection (1)(c) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.'.


Offences against public servants: harassment etc

   

Mr James Clappison

NC6

To move the following Clause:—

    '(1)   A person is guilty of an offence under this section if he commits—

(a) an offence under section 4 of the Public Order Act 1986 (c. 64) (fear or provocation of violence);

(b) an offence under section 4A of that Act (intentional harassment, alarm or distress); or

(c) an offence against section 5 of that Act (harassment, alarm or distress),

    (2)   A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsections (1)(a) or (b) above.

    (3)   A constable may arrest a person without warrant if—

(a) he engages in conduct which a constable reaonably suspects to constitute an offence falling within subsection (1)(c) above;

(b) he is warned by the constable to stop; and

(c) he engages in further such conduct immediately, or shortly after the warning.

    (4)   A person guilty of an offence falling within subsections (1)(a) or (b) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

    (5)   A person guilty of an offence falling within subsection (1)(c) above shall be liable to a fine not exceeding level 4 on the standard scale.

    (6)   If, on the trial on indictment of a person charged with an offence falling within subsections (1)(a) or (b) above the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.'.



 
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Prepared 25 Oct 2005