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| |
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| | Increase of maximum sentence for possessing an imitation firearm |
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| | 10 (1) | In the entry in Schedule 5 to the Firearms Order relating to Article 61(1) of that |
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| | Order (mode of trial and punishment of possession of firearm or imitation |
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| | firearm in a public place)— |
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| | (a) | in paragraph (b) of column 3 (offence to be triable on indictment |
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| | except in the case of an imitation firearm or air gun), omit the words |
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| | “in the case of an imitation firearm or”; and |
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| | (b) | in column 4, for “10 years or a fine or both” substitute “If the offence |
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| | is committed in respect of an imitation firearm, 12 months or a fine, or |
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| | both; in any other case, 10 years or a fine, or both.” |
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| | (2) | This paragraph applies only to offences committed after the commencement of |
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| | |
| | Sale etc. of knives and other weapons |
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| | 11 | In Article 54(1) of the Criminal Justice (Northern Ireland) Order 1996 (1996/ |
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| | 3160 (NI 24)) (prohibition on sale of knives, etc to persons under 16) for “16” |
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| | |
| | 12 (1) | Section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) is |
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| | |
| | (2) | In subsections (5), (8) and (9) of section 141 (defences relating to museums |
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| | and galleries to offence of manufacture, sale etc. of prescribed weapons), for |
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| | “prove” substitute “show”. |
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| | (3) | After subsection (11) of that section insert— |
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| | “(11A) | It shall be a defence for a person charged in respect of conduct of his |
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| | relating to a weapon to which this section applies— |
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| | (a) | with an offence under subsection (1) above, or |
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| | (b) | with an offence under section 50(2) or (3) of the Customs and |
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| | Excise Management Act 1979, |
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| | | to show that his conduct was for the purpose only of making the |
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| | weapon in question available for one or more of the purposes specified |
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| | |
| | (11B) | Those purposes are— |
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| | (a) | the purposes of theatrical performances and of rehearsals for |
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| | |
| | (b) | the production of films (within the meaning of Part 1 of the |
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| | Copyright, Designs and Patents Act 1988 - see section 5B of |
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| | |
| | (c) | the production of television programmes (within the meaning |
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| | of the Communications Act 2003 - see section 405(1) of that |
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| | |
| | (11C) | The Secretary of State may by order made by statutory instrument— |
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| |
| |
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| | (a) | provide for exceptions and exemptions from the offence under |
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| | subsection (1) above or from the prohibition in subsection (4) |
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| | |
| | (b) | provide for it to be a defence in proceedings for such an |
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| | offence, or for an offence under section 50(2) or (3) of the |
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| | Customs and Excise Management Act 1979, to show the |
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| | matters specified or described in the regulations. |
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| | (11D) | For the purposes of this section a person shall be taken to have shown |
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| | a matter specified in subsection (5), (8), (9) or (11A) above if— |
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| | (a) | sufficient evidence of that matter is adduced to raise an issue |
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| | |
| | (b) | the contrary is not proved beyond a reasonable doubt. |
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| | (11E) | A statutory instrument containing an order under this section shall not |
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| | be made unless a draft of the instrument has been laid before |
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| | Parliament and approved by a resolution of each House.” |
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| | (4) | The defence in section 141(11A) is not available in relation to so much of any |
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| | charge as relates to conduct taking place before the commencement of this |
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| | |
| | |
| | 13 (1) | In the Crossbows (Northern Ireland) Order 1988 (SI 1988/794 (NI 5), in the |
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| | provisions mentioned in sub-paragraph (2), for “seventeen”, in each place it |
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| | occurs, substitute “eighteen”. |
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| | |
| | (a) | Article 3 (sale and letting on hire); |
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| | (b) | Article 4 (purchase and hiring); |
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| | (c) | Article 5 (possession). |
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| | |
| | |
| | “the Firearms Order” means the Firearms (Northern Ireland) Order 2004 (SI |
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| | |
| | “enactment” includes a provision contained in Northern Ireland legislation. |
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| | (2) | Expressions used in this Schedule and in the Firearms Order have the same |
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| | meanings in this Schedule as in that Order. |
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| | (3) | The following provisions of the Firearms Order apply as if paragraphs 1, 2 and |
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| | 4 to 8 of this Schedule were contained in that Order— |
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| | (a) | Article 52 (power of search with warrant); |
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| | (b) | Article 69(4) (limitation period for prosecutions); |
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| | (c) | Article 72 (forfeiture and disposal of firearms and ammunition); |
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| | (d) | Article 81 (savings). |
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| | (4) | Paragraph 4 binds persons in the service of the Crown; and Article 77(3) of the |
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| | Firearms Order (certain persons deemed to be in armed forces) applies for the |
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| | |
| | |
| | |
| | (c) | any rule of law under which any of the provisions of paragraph 1, 2, 5 |
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| | or 8 do not bind the Crown, |
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| | | as it applies for the purposes of Article 77. |
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