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

129

 

Violent Crime Reduction Bill, continued

 
 

‘weapons, etc: corresponding provisions for northern ireland

 

Using someone to mind a weapon

 

1    (1)  

A person is guilty of an offence if—

 

(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.

 

      (2)  

For the purposes of this paragraph the cases in which a dangerous weapon is

 

to be regarded as available to a person for an unlawful purpose include any

 

case where—

 

(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.

 

      (3)  

In this paragraph “dangerous weapon” means—

 

(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).

 

      (4)  

In sub-paragraph (3)(a) “exempt air gun” means an air gun to which paragraph

 

9(1) of Schedule 1 of the Firearms Order applies (air guns for which firearm

 

certificate not required).

 

Penalty for offence under paragraph 1

 

2    (1)  

This paragraph applies where a person (“the offender”) is guilty of an offence

 

under paragraph 1.

 

      (2)  

Where the dangerous weapon in respect of which the offence was committed

 

is a weapon to which Article 54 of the Criminal Justice (Northern Ireland)

 

Order 1996 (1996/3160 (NI 24)) (knives and bladed weapons) applies, the

 

offender shall be liable, on conviction on indictment, to imprisonment for a

 

term not exceeding 4 years or to a fine, or to both.

 

      (3)  

Where—

 

(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.

 

      (4)  

On a conviction where—

 

(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.

 

      (5)  

On a conviction, where—


 
 

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

130

 

Violent Crime Reduction Bill, continued

 
 

(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.

 

      (6)  

In any case not mentioned in sub-paragraph (2) or (3), the offender shall be

 

liable, on conviction on indictment, to imprisonment for a term not exceeding

 

5 years or to a fine, or to both.

 

      (7)  

Where—

 

(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).

 

      (8)  

Where a court treats a person’s age as an aggravating factor in accordance with

 

sub-paragraph (7), it must state in open court that the offence was aggravated

 

as mentioned in that sub-paragraph.

 

      (9)  

Where—

 

(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.

 

    (10)  

In sub-paragraph (9) the reference to an age requirement is a reference to either

 

of the following—

 

(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

 

3    (1)  

The Firearms Order is amended as follows.

 

      (2)  

In Article 70 (which imposes minimum sentence requirements for certain

 

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

 

(a)    

in sub-paragraph (a)(iii) for “and” substitute “or”;

 

(b)    

after sub-paragraph (a)(iii) insert—

 

“(iv)    

an offence under any of the provisions of this

 

Order listed in paragraph (1A) in respect of a

 

firearm or ammunition specified in Article

 

3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d),

 

(e) or (g) or (2)(a), and”.

 

      (3)  

After paragraph (1) of that Article insert—

 

“(1A)    

The provisions are—

 

(a)    

Article 58 (possession of a firearm with intent);


 
 

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

131

 

Violent Crime Reduction Bill, continued

 
 

(b)    

Article 59 (use of firearm to resist arrest);

 

(c)    

Article 60 (carrying a firearm with criminal intent);

 

(d)    

Article 61(1) (carrying a firearm in a public place);

 

(e)    

Article 62 (trespassing in a building with a firearm).”

 

      (4)  

In Schedule 5 (prosecution and punishment of offences), in column 3, in

 

paragraph (a) of the entries relating to Articles 61(1) and 62(1), after

 

“Summary”, in each place, insert “except if the firearm is a firearm specified

 

in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a)”.

 

      (5)  

This paragraph applies only to offences committed after the commencement of

 

this paragraph.

 

Restriction on sale and purchase of ammunition loading presses

 

4    (1)  

It is an offence for a person to sell an ammunition loading press to another

 

unless that other person falls within sub-paragraph (2).

 

      (2)  

A person falls within this sub-paragraph if—

 

(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.

 

      (3)  

It is an offence for a person to buy or to attempt to buy an ammunition loading

 

press unless he falls within sub-paragraph (4).

 

      (4)  

A person falls within this sub-paragraph if—

 

(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.

 

      (5)  

A person who is in the service of the Crown is entitled to acquire an

 

ammunition loading press if—

 

(a)    

he is duly authorised in writing to acquire firearms and ammunition for

 

the public service; or


 
 

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

132

 

Violent Crime Reduction Bill, continued

 
 

(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).

 

      (6)  

An offence under this paragraph shall be punishable, on summary conviction,

 

with imprisonment for a term not exceeding 6 months or with a fine not

 

exceeding level 5 on the standard scale, or with both.

 

      (7)  

In this paragraph—

 

“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

 

5    (1)  

A person is guilty of an offence if—

 

(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.

 

      (2)  

Sub-paragraph (1) has effect subject to the defences in paragraph 6.

 

      (3)  

The Secretary of State may by regulations—

 

(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.

 

      (4)  

Regulations under sub-paragraph (3) may—

 

(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.

 

      (5)  

The power of the Secretary of State to make regulations under sub-paragraph

 

(3) 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)  

An offence under this paragraph shall be punishable, on summary conviction,

 

with imprisonment for a term not exceeding 6 months or with a fine not

 

exceeding level 5 on the standard scale, or with both.

 

      (8)  

In this paragraph “realistic imitation firearm” has the meaning given by

 

paragraph 7.

 

6    (1)  

It shall be a defence for a person charged with an offence under paragraph 5 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 sub-paragraph (2).


 
 

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

133

 

Violent Crime Reduction Bill, continued

 
 

      (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 paragraph by

 

regulations made by the Secretary of State.

 

      (3)  

For the purposes of this paragraph a person shall be taken to have shown a

 

matter specified in sub-paragraph (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 paragraph

 

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 paragraph—

 

“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—

 

(c)    

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

 

display and interpretation of material of historical, artistic or

 

scientific interest; and

 

(d)    

gives the public access to it.

 

7    (1)  

In paragraph 5 “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 paragraph, an imitation firearm is not (except by virtue

 

of sub-paragraph (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 paragraph 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


 
 

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

134

 

Violent Crime Reduction Bill, continued

 
 

(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 sub-

 

paragraph (3)(b)—

 

(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 paragraph

 

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 paragraph—

 

“colour” is to be construed in accordance with sub-paragraph (9);

 

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

 

something which—

 

(e)    

was a firearm; but

 

(f)    

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

 

other missile as no longer to be a firearm;

 

“real firearm” means—

 

(g)    

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

 

existing or discontinued); or

 

(h)    

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 sub-paragraph (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 paragraph, in relation to an imitation firearm or a real

 

firearm, to its colour include references to its being made of transparent

 

material.

 

    (10)  

Article 2(7) of the Firearms Order (under which firearms are deemed to be

 

deactivated if they are appropriately marked) applies for the purposes of this

 

paragraph as it applies for the purposes of that Order.

 

Specification for imitation firearms

 

8    (1)  

The Secretary of State may by regulations make provision requiring imitation

 

firearms to conform to specifications which are—

 

(a)    

set out in the regulations; or

 

(b)    

approved by such persons and in such manner as may be so set out.

 

      (2)  

A person is guilty of an offence if—


 
 

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

135

 

Violent Crime Reduction Bill, continued

 
 

(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.

 

      (3)  

An offence under this paragraph shall be punishable, on summary conviction,

 

with imprisonment for a term not exceeding 6 months or with a fine not

 

exceeding level 5 on the standard scale, or with both.

 

      (4)  

Regulations under this paragraph may provide that, in proceedings for an

 

offence under this paragraph, it is to be presumed, unless the contrary is

 

proved, that an imitation firearm conforms to the required specification if it, or

 

the description of imitation firearms to which it belongs, has been certified as

 

so conforming by a person who is—

 

(a)    

specified in the regulations; or

 

(b)    

determined for the purpose in accordance with provisions contained in

 

the regulations.

 

      (5)  

The power of the Secretary of State to make regulations under this paragraph

 

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.

 

Supplying imitation firearms to minors

 

9    (1)  

After Article 66 of the Firearms Order insert—

 

“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—

 

(a)    

believed the other person to be aged 18 or over; and

 

(b)    

had reasonable ground for that belief.”

 

      (2)  

In Article 68 of that Order (defences), for “or 64” substitute “, 64 or 66A”.

 

      (3)  

In Schedule 5 of that Order (punishments), after the entry for Article 66

 

insert—


 
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