sc102510.136-138

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.Standing Committee Proceedings: 25th October 2005
136

Violent Crime Reduction Bill, continued

“Article 66A(1)
Acquisition by
Summary
6 months or

or (2)
a minor of an

level 5 or

imitation

both.”.

firearm and

supplying him.

Increase of maximum sentence for possessing an imitation firearm

10  (1)
In the entry in Schedule 5 to the Firearms Order relating to Article 61(1) of that

Order (mode of trial and punishment of possession of firearm or imitation

firearm in a public place)—

(a)
in paragraph (b) of column 3 (offence to be triable on indictment

except in the case of an imitation firearm or air gun), omit the words

“in the case of an imitation firearm or”; and

(b)
in column 4, for “10 years or a fine or both” substitute “If the offence

is committed in respect of an imitation firearm, 12 months or a fine, or

both; in any other case, 10 years or a fine, or both.”

      (2)
This paragraph applies only to offences committed after the commencement of

this paragraph.

Sale etc. of knives and other weapons

11
In Article 54(1) of the Criminal Justice (Northern Ireland) Order 1996 (1996/

3160 (NI 24)) (prohibition on sale of knives, etc to persons under 16) for “16”

substitute “18”.

12  (1)
Section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) is

amended as follows.

      (2)
In subsections (5), (8) and (9) of section 141 (defences relating to museums

and galleries to offence of manufacture, sale etc. of prescribed weapons), for

“prove” substitute “show”.

      (3)
After subsection (11) of that section insert—

“(11A)
It shall be a defence for a person charged in respect of conduct of his

relating to a weapon to which this section applies—

(a)
with an offence under subsection (1) above, or

(b)
with an offence under section 50(2) or (3) of the Customs and

Excise Management Act 1979,


to show that his conduct was for the purpose only of making the

weapon in question available for one or more of the purposes specified

in subsection.

(11B)
Those purposes are—

(a)
the purposes of theatrical performances and of rehearsals for

such performances;

(b)
the production of films (within the meaning of Part 1 of the

Copyright, Designs and Patents Act 1988 - see section 5B of

that Act);

(c)
the production of television programmes (within the meaning

of the Communications Act 2003 - see section 405(1) of that

Act).

(11C)
The Secretary of State may by order made by statutory instrument—

S.C.B.Standing Committee Proceedings: 25th October 2005
137

Violent Crime Reduction Bill, continued

(a)
provide for exceptions and exemptions from the offence under

subsection (1) above or from the prohibition in subsection (4)

above; and

(b)
provide for it to be a defence in proceedings for such an

offence, or for an offence under section 50(2) or (3) of the

Customs and Excise Management Act 1979, to show the

matters specified or described in the regulations.

(11D)
For the purposes of this section a person shall be taken to have shown

a matter specified in subsection (5), (8), (9) or (11A) above 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.

(11E)
A statutory instrument containing an order under this section shall not

be made unless a draft of the instrument has been laid before

Parliament and approved by a resolution of each House.”

      (4)
The defence in section 141(11A) is not available in relation to so much of any

charge as relates to conduct taking place before the commencement of this

paragraph.

Sale etc. of crossbows

13  (1)
In the Crossbows (Northern Ireland) Order 1988 (SI 1988/794 (NI 5), in the

provisions mentioned in sub-paragraph (2), for “seventeen”, in each place it

occurs, substitute “eighteen”.

      (2)
The provisions are—

(a)
Article 3 (sale and letting on hire);

(b)
Article 4 (purchase and hiring);

(c)
Article 5 (possession).

Supplemental

14  (1)
In this Schedule—

“the Firearms Order” means the Firearms (Northern Ireland) Order 2004 (SI

2004/ 702 (NI 3));

“enactment” includes a provision contained in Northern Ireland legislation.

      (2)
Expressions used in this Schedule and in the Firearms Order have the same

meanings in this Schedule as in that Order.

      (3)
The following provisions of the Firearms Order apply as if paragraphs 1, 2 and

4 to 8 of this Schedule were contained in that Order—

(a)
Article 52 (power of search with warrant);

(b)
Article 69(4) (limitation period for prosecutions);

(c)
Article 72 (forfeiture and disposal of firearms and ammunition);

(d)
Article 81 (savings).

      (4)
Paragraph 4 binds persons in the service of the Crown; and Article 77(3) of the

Firearms Order (certain persons deemed to be in armed forces) applies for the

purposes of—

(a)
this paragraph,

(b)
paragraph 4,

(c)
any rule of law under which any of the provisions of paragraph 1, 2, 5

or 8 do not bind the Crown,


as it applies for the purposes of Article 77.

S.C.B.Standing Committee Proceedings: 25th October 2005
138

Violent Crime Reduction Bill, continued

      (5)
In Article 72 of the Firearms Order, after paragraph (7) insert—

  “(8)
In this Article references to ammunition include references to an

ammunition loading press (within the meaning of paragraph 4 of

Schedule (Weapons, etc.: corresponding provisions for Northern

Ireland) to the Violent Crime Reduction Act 2005).”’.

Bill, as amended, to be reported.