sc102510.110-114

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.Standing Committee Proceedings: 25th October 2005
110

Violent Crime Reduction Bill, continued

Hazel Blears

Agreed to  307

Schedule  3,  page  48,  line  11,  at end insert—

‘Criminal Justice Act 1988 (c. 33)
Section 141(3).’.

Schedule, as amended, Agreed to.

Hazel Blears

Agreed to  105

Clause  45,  page  39,  line  31,  after ‘section;’, insert—

‘()
section (Cross-border provisions relating to sexual offences);’.

Hazel Blears

Agreed to  304

Clause  45,  page  40,  line  7,  at end insert—

‘( )
Section (Corresponding provision for Northern Ireland) and Schedule (Weapons,

etc.: corresponding provisions for Northern Ireland) extend to Northern Ireland

only.’.

Hazel Blears

Agreed to  305

Clause  45,  page  40,  line  8,  after ‘38’ insert ‘, section (Continuity of sexual offences

law)’.

Hazel Blears

Agreed to  106

Clause  45,  page  40,  line  8,  after ‘39’, insert ‘and the repeal by Schedule 3 of section

141(3) of the Criminal Justice Act 1988’.

Clause, as amended, Agreed to.

New Clauses

Power to search persons in attendance centres for weapons

Hazel Blears

Added  nc7

To move the following Clause:—

‘(1)
A member of staff of an attendance centre who has reasonable grounds for

believing that a relevant person may have with him or in his possessions—

(a)
an article to which section 139 of the Criminal Justice Act 1988 (c. 33)

applies (knives and blades etc.), or

(b)
an offensive weapon (within the meaning of the Prevention of Crime Act

1953 (c. 14)),

S.C.B.Standing Committee Proceedings: 25th October 2005
111

Violent Crime Reduction Bill, continued


may search the relevant person or his possessions for such articles and weapons.

(2)
A search under this section may be carried out only where the member of staff

and the relevant person are on the premises of the attendance centre.

(3)
A person may carry out a search under this section only if—

(a)
he is the officer in charge of the attendance centre; or

(b)
he has been authorised by the officer in charge to carry out the search.

(4)
A person who carries out a search of a relevant person under this section—

(a)
may not require the relevant person to remove any clothing other than

outer clothing;

(b)
must be of the same sex as the relevant person; and

(c)
may carry out the search only in the presence of another person who is

aged 18 or over and is also of the same sex as the relevant person.

(5)
A relevant person’s possessions may not be searched under this section except in

his presence and in the presence of a person (in addition to the person carrying

out the search) who is aged 18 or over.

(6)
If a person who, in the course of a search under this section, finds—

(a)
anything which he has reasonable grounds for suspecting falls within

subsection (1)(a) or (b), or

(b)
any other thing which he has reasonable grounds for suspecting is

evidence in relation to an offence,


he may seize and retain it.

(7)
A person who exercises a power under this section may use such force as is

reasonable in the circumstances for exercising that power.

(8)
A person who seizes anything under subsection (6) must deliver it to a police

constable as soon as reasonably practicable.

(9)
The Police (Property) Act 1897 (c. 30) (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.

(10)
An authorisation for the purposes of subsection (3)(b) may be given either in

relation to a particular search or generally in relation to searches under this

section or to a particular description of such searches.

(11)
In this section—

‘attendance centre’ has the same meaning as in Part 12 of the Criminal

Justice Act 2003 (c. 44) (see section 221 of that Act);

‘officer in charge’, in relation to an attendance centre, means the member of

staff for the time being in charge of that centre;

‘outer clothing’ includes an outer coat, a jacket, gloves and a hat;

‘possessions’, in relation to a person, includes any goods over which he has

or appears to have control;

‘relevant person’, in relation to an attendance centre, means a person who is

required to attend at that centre by virtue of—

(a)
a relevant order (within the meaning of section 196 of the

Criminal Justice Act 2003 (c. 44)); or

(b)
an attendance centre order under section 60 of the Powers of

Criminal Courts (Sentencing) Act 2000 (c. 6).

S.C.B.Standing Committee Proceedings: 25th October 2005
112

Violent Crime Reduction Bill, continued

(12)
The powers conferred by this section are in addition to any powers exercisable by

the member of staff of an attendance centre in question apart from this section and

are not to be construed as restricting such powers.’.

Cross-border provisions relating to sexual offences

Hazel Blears

Added  nc8

To move the following Clause:—

‘(1)
The following provisions of the Protection of Children and Prevention of Sexual

Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and to

Northern Ireland, as well as to Scotland—

(a)
section 17 (which relates to the making of sexual offences prevention

orders in Scotland); and

(b)
section 18 and the Schedule, so far as they provide for the amendment of

the Sexual Offences Act 2003 (c. 42) (see paragraph 3 of the Schedule,

which relates to the offences in respect of which powers are exercisable

under Part 2 of the 2003 Act).

(2)
In section 128 of the Sexual Offences Act 2003 (c. 42) (offence of contravening

a risk of sexual harm order or an interim order), after subsection (1) insert—

“(1A)
In subsection (1) and, accordingly, in section 129(5) the references to a

risk of sexual harm order and to an interim risk of sexual harm order

include references, respectively—

(a)
to an order under section 2 of the Protection of Children and

Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

(RSHOs in Scotland); and

(b)
to an order under section 5 of that Act (interim RSHOs in

Scotland);


and, for the purposes of this section, prohibitions imposed by an order

made in one part of the United Kingdom apply (unless expressly confined

to particular localities) throughout that and every other part of the United

Kingdom.”

(3)
In section 129 of that Act, in subsection (1)(a) (effect of conviction under section

128), for “under section 128” substitute “mentioned in subsection (1A)”; and

after subsection (1) insert—

“(1A)
Those offences are—

(a)
an offence under section 128 of this Act;

(b)
an offence under section 7 of the Protection of Children and

Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

(contravention of RSHO or interim RSHO in Scotland).”

(4)
Subsection (3) of section 282 of the Criminal Justice Act 2003 (c. 44) (increase

of maximum sentence on summary conviction of an either way offence), so far as

it applies to offences under the Sexual Offences Act 2003, applies to them as

amended, extended or applied by virtue of this section.’.

S.C.B.Standing Committee Proceedings: 25th October 2005
113

Violent Crime Reduction Bill, continued

Sale and disposal of tickets by unauthorised persons

Hazel Blears

Added  NC9

To move the following Clause:—

‘(1)
The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.

(2)
In section 166 (sale of tickets by unauthorised persons), for subsection (1)

substitute—

“(1)
It is an offence for an unauthorised person to—

(a)
sell a ticket for a designated football match, or

(b)
otherwise to dispose of such a ticket to another person.”

(3)
In subsection (2) of that section, after paragraph (a) insert—

“(aa)
a reference to selling a ticket includes a reference to—

(i)
offering to sell a ticket;

(ii)
exposing a ticket for sale;

(iii)
making a ticket available for sale by another;

(iv)
advertising that a ticket is available for purchase; and

(v)
giving a ticket to a person who pays or agrees to pay for

some other goods or services or offering to do so.”

(4)
After section 166 insert—

“166A
Supplementary provision relating to sale and disposal of tickets on

internet

(1)
Nothing in section 166 makes it an offence for a service provider

established outside of the United Kingdom to do anything in the course

of providing information society services.

(2)
If—

(a)
a service provider established in the United Kingdom does

anything in a EEA State other than the United Kingdom in the

course of providing information society services, and

(b)
the action, if done in England and Wales, would constitute an

offence falling within section 166(1),


the service provider shall be guilty in England and Wales of an offence

under that section.

(3)
A service provider is not capable of being guilty of an offence under

section 166 in respect of anything done in the course of providing so

much of an information society service as consists in—

(a)
the transmission in a communication network of information

falling within subsection (4), or

(b)
the storage of information provided by a recipient of the service,


except where subsection (5) applies.

(4)
Information falls within this subsection if—

(a)
it is provided by a recipient of the service; and

(b)
it is the subject of automatic, intermediate and temporary storage

which is solely for the purpose making the onward transmission

of the information to other recipients of the service at their

request more efficient.

(5)
This subsection applies at any time in relation to information if—

S.C.B.Standing Committee Proceedings: 25th October 2005
114

Violent Crime Reduction Bill, continued

(a)
the service provider knew when that information was provided

that it contained material contravening section 166; or

(b)
that information is stored at that time (whether as mentioned in

subsection (3)(b) or (4)) in consequence of the service provider’s

failure expeditiously to remove the information, or to disable

access to it, upon obtaining actual knowledge that the

information contained material contravening section 166.

(6)
In this section—

‘the Directive’ means Directive 2000/31/EC of the European Parliament

and of the Council of 8 June 2000 on certain legal aspects of information

society services, in particular electronic commerce, in the Internal

Market (Directive on electronic commerce);

‘information society services’—

(a)
has the meaning set out in Article 2(a) of the Directive (which

refers to Article 1(2) of Directive 98/34/EC of the European

Parliament and of the Council of 22 June 1998 laying down a

procedure for the provision of information in the field of

technical standards and regulations, as amended by Directive 98/

48/EC of 20 July 1998); and

(b)
is summarised in recital 17 of the Directive as covering ‘any

service normally provided for remuneration, at a distance, by

means of electronic equipment for the processing (including

digital compression) and storage of data, and at the individual

request of a recipient of a service’;

‘EEA State’ means a state which is for the time being a member State,

Norway, Iceland or Liechtenstein;

‘recipient of the service’ means any person who, for professional ends or

otherwise, uses an information society service, in particular for the

purposes of seeking information or making it accessible;

‘service provider’ means any person providing an information society

service.”.’.

Prohibition on sale or transfer of air weapons except by registered dealers

Hazel Blears

Added  nc17

To move the following Clause:—

‘(1)
In subsection (1) of section 3 of the 1968 Act (offence for a person other than a

registered firearms dealer to sell etc. a firearm or ammunition by way of trade or

business), at the end of paragraph (b) insert “or

(c)
sells or transfers an air weapon, exposes such a weapon for sale

or transfer or has such a weapon in his possession for sale or

transfer,”.

(2)
In section 40(2) of that Act (which excludes air weapons from the requirements

to keep a register of transactions), omit the words from “to firearms” to “therein”.

(3)
In section 57(4) of that Act (interpretation), in the definition of “firearms dealer”,

for the words from “manufactures” onwards substitute—