sc102510.115-121

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.Standing Committee Proceedings: 25th October 2005
115

Violent Crime Reduction Bill, continued

“(a)
manufactures, sells, transfers, repairs, tests or proves firearms or

ammunition to which section 1 of this Act applies or shot guns;

or

(b)
sells or transfers air weapons.”.’.

Sales of air weapons by way of trade or business to be face to face

Hazel Blears

Added  nc18

To move the following Clause:—

‘(1)
This section applies where a person sells an air weapon by way of trade or

business to an individual in Great Britain who is not registered as a firearms

dealer.

(2)
A person is guilty of an offence if, for the purposes of the sale, he transfers

possession of the air weapon to the buyer otherwise than at a time when both—

(a)
the buyer, and

(b)
either the seller or a representative of his,


are present in person.

(3)
The reference in subsection (2) to a representative of the seller is a reference to—

(a)
a person who is employed by the seller in his business as a registered

firearms dealer;

(b)
a registered firearms dealer who has been authorised by the seller to act

on his behalf in relation to the sale; or

(c)
a person who is employed by a person falling within paragraph (b) in his

business as a registered firearms dealer.

(4)
A person guilty of an offence under this section shall be liable—

(a)
on summary conviction in England and Wales, to imprisonment for a

term not exceeding 51 weeks or to a fine not exceeding level 5 on the

standard scale, or to both; and

(b)
on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding level 5 on the standard

scale, or to both.

(5)
In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) of this

section to 51 weeks is to be read as a reference to 6 months.’.

Minimum sentence for certain firearms offences

Hazel Blears

Added  nc19

To move the following Clause:—

‘(1)
The 1968 Act is amended as follows.

S.C.B.Standing Committee Proceedings: 25th October 2005
116

Violent Crime Reduction Bill, continued

(2)
In section 51A (which imposes minimum sentence requirements for certain

offences involving the possession of various firearms), in subsection (1)—

(a)
in paragraph (a)(ii), for “and” substitute “or”;

(b)
after paragraph (a)(ii) insert—

“(iii)
an offence under any of the provisions of this

Act listed in subsection (1A) in respect of a

firearm or ammunition specified in section

5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or

section 5(1A)(a) of this Act, and”.

(3)
After that subsection insert—

“(1A)
The provisions are—

(a)
section 16 (possession of firearm with intent to injure);

(b)
section 16A (possession of firearm with intent to cause fear of

violence);

(c)
section 17 (use of firearm to resist arrest);

(d)
section 18 (carrying firearm with criminal intent);

(e)
section 19 (carrying a firearm in a public place);

(f)
section 20(1) (trespassing in a building with firearm).”

(4)
In Schedule 6 (prosecution and punishment of offences) in column 3, in

paragraph (a) of the entries relating to sections 19 and 20(1), after “Summary”, in

each place, insert “except if the firearm is a firearm specified in section 5(1)(a),

(ab), (aba), (ac), (ad), (ae), or (af) or section 5(1A)(a) of this Act.”

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

section.’.

Specific defences applying to the offence under section 30

Hazel Blears

Added  nc20

To move the following Clause:—

‘(1)
It shall be a defence for a person charged with an offence under section 30 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 subsection (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 section by regulations

made by the Secretary of State.

S.C.B.Standing Committee Proceedings: 25th October 2005
117

Violent Crime Reduction Bill, continued

(3)
For the purposes of this section a person shall be taken to have shown a matter

specified in subsection (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 section 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 section—

“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 as its purpose, or one of its purposes, the preservation,

display and interpretation of material of historical, artistic or

scientific interest; and

(b)
gives the public access to it.’.

Meaning of “realistic imitation firearm”

Hazel Blears

Added  nc21

To move the following Clause:—

‘(1)
In section 30 “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 section, an imitation firearm is not (except by virtue of

subsection (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 section 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

subsection (3)(b)—

S.C.B.Standing Committee Proceedings: 25th October 2005
118

Violent Crime Reduction Bill, continued

(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 section 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 section—

“colour” is to be construed in accordance with subsection (9);

“de-activated firearm” means an imitation firearm that consists in

something which—

(a)
was a firearm; but

(b)
has been so rendered incapable of discharging a shot, bullet or

other missile as no longer to be a firearm;

“real firearm” means—

(a)
a firearm of an actual make or model of modern firearm (whether

existing or discontinued); or

(b)
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 subsection (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 section, in relation to an imitation firearm or a real firearm, to

its colour include references to its being made of transparent material.

(10)
Section 8 of the Firearms (Amendment) Act 1988 (c. 45) (under which firearms

are deemed to be deactivated if they are appropriately marked) applies for the

purposes of this section as it applies for the purposes of the 1968 Act.’.

Sale etc. of crossbows

Hazel Blears

Added  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—

S.C.B.Standing Committee Proceedings: 25th October 2005
119

Violent Crime Reduction Bill, continued

(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

Added  nc23

To move the following Clause:—

‘Schedule (Weapons, etc.: corresponding provisions for Northern Ireland)

(which makes provision for Northern Ireland corresponding to that made by the

preceding provisions of this Part, other than sections (Prohibition on sale or

transfer of air weapons except by registered dealers) to 28, 35 and (Power to

search persons in attendance centres for weapons) has effect.’.

Continuity of sexual offences law

Hazel Blears

Added  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);

S.C.B.Standing Committee Proceedings: 25th October 2005
120

Violent Crime Reduction Bill, continued

(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;


and, in relation to an offence falling within paragraphs (a) to (c), a reference in

this section to the enactment providing for the offence so falling has effect as a

reference to the enactment providing for the offence under that Act or, as the case

may be, for the offence so specified.

(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.’.

S.C.B.Standing Committee Proceedings: 25th October 2005
121

Violent Crime Reduction Bill, continued

Provisions relating to the Scottish Parliament

Mr Alex Salmond

Stewart Hosie

Angus Robertson

Pete Wishart

Mr Mike Weir

Mr Angus MacNeil

Not called  nc1

To move the following Clause:—

‘The 1968 Act can be amended by the Scottish Parliament to introduce—

(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

Not called  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


Regulation or control of the sale, possession or purchase of air

weapons, or ammunition for air weapons.”.’.

Offences against ‘public servants’

Mr James Clappison

Withdrawn  nc3

To move the following Clause:—