sc102510.129-135

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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—