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



Violent Crime Reduction Bill, continued


“Article 66A(1)

Acquisition by


6 months or


or (2)

a minor of an


level 5 or






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)—



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



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.”



This paragraph applies only to offences committed after the commencement of


this paragraph.


Sale etc. of knives and other weapons



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.



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”.



After subsection (11) of that section insert—



It shall be a defence for a person charged in respect of conduct of his


relating to a weapon to which this section applies—



with an offence under subsection (1) above, or



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.



Those purposes are—



the purposes of theatrical performances and of rehearsals for


such performances;



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


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


that Act);



the production of television programmes (within the meaning


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





The Secretary of State may by order made by statutory instrument—


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



Violent Crime Reduction Bill, continued



provide for exceptions and exemptions from the offence under


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


above; and



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.



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—



sufficient evidence of that matter is adduced to raise an issue


with respect to it; and



the contrary is not proved beyond a reasonable doubt.



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.”



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




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”.



The provisions are—



Article 3 (sale and letting on hire);



Article 4 (purchase and hiring);



Article 5 (possession).




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.



Expressions used in this Schedule and in the Firearms Order have the same


meanings in this Schedule as in that Order.



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—



Article 52 (power of search with warrant);



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



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



Article 81 (savings).



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—



this paragraph,



paragraph 4,



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          



Violent Crime Reduction Bill, continued



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



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.


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