Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Part 2 — Weapons etc.
26

(b)
any place to which at the material time the public or any section of the
public has access, on payment or otherwise, as of right or by virtue of
express or implied permission;

and for this purpose “place” includes a place on a means of transport.
Exclusions from licensed premises
5
23
Exclusion orders in respect of licensed premises
(1)
In section 1 of the Licensed Premises (Exclusion of Certain Persons) Act 1980
(c. 32) (exclusion orders), after subsection (1) insert—
“(1A)
Where a person is convicted by or before a court in England and Wales
of an offence committed on licensed premises—
10
(a)
the court must consider making an exclusion order under
subsection (1) in respect of the convicted person; and
(b)
if it decides not to make an order, it must state that fact in open
court and give reasons.”
Part 2
15
Weapons etc.
Dangerous weapons
24
Using someone to mind a weapon
(1)
A person is guilty of an offence if—
(a)
he uses another to look after, hide or transport a dangerous weapon for
20
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 section the cases in which a dangerous weapon is to be
25
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,
30
or be likely to involve or to lead to, the commission by him of an
offence.
(3)
In this section “dangerous weapon” means—
(a)
a firearm other than an air weapon or a component part, or accessory
to, an air weapon; or
35
(b)
a weapon to which section 141A of the Criminal Justice Act 1988 (c. 33)
applies (knives and bladed weapons).
(4)
In its application to Scotland, this section has effect with the omission of
subsection (3)(b), and of the word “or” immediately preceding it.

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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25
Penalties etc. for offence under s. 24
(1)
This section applies where a person (“the offender”) is guilty of an offence
under section 24.
(2)
Where the dangerous weapon in respect of which the offence was committed
is a weapon to which section 141A of the Criminal Justice Act 1988 (c. 33)
5
(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
10
(b)
the dangerous weapon in respect of which the offence was committed
was a firearm mentioned in section 5(1)(a) to (af) or (c) or section
5(1A)(a) of the 1968 Act (firearms possession of which attracts a
minimum sentence),

the offender shall be liable, on conviction on indictment, to imprisonment for
15
a term not exceeding 10 years or to a fine, or to both.
(4)
On a conviction in England and Wales, where—
(a)
subsection (3) applies, and
(b)
the offender is aged 18 or over at the time of conviction,

the court must impose (with or without a fine) a term of imprisonment of not
20
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 in England and Wales, where—
(a)
subsection (3) applies, and
25
(b)
the offender is aged under 18 at the time of conviction,

the court must impose (with or without a fine) a term of detention under
section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 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
30
doing so.
(6)
On a conviction in Scotland, where—
(a)
subsection (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 sentence of imprisonment of
35
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.
(7)
On a conviction in Scotland, where—
(a)
subsection (3) applies, and
40
(b)
the offender is aged under 21 at the time of conviction and is not a
person in whose case subsection (8) applies,

the court must impose (with or without a fine) a sentence of detention under
section 207 of the Criminal Procedure (Scotland) Act 1995 (c. 46) of not less than
3 years, unless it is of the opinion that there are exceptional circumstances
45
relating to the offence or to the offender which justify its not doing so.
(8)
On a conviction in Scotland, where—

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(a)
subsection (3) applies, and
(b)
the offender is, at the time of conviction, both aged under 18 and subject
to a supervision requirement,

the court must impose (with or without a fine) a sentence of detention under
section 208 of the Criminal Procedure (Scotland) Act 1995 (c. 46) of not less than
5
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.
(9)
In any case not mentioned in subsection (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.
10
(10)
Where—
(a)
a court is considering for the purposes of sentencing the seriousness of
an offence under this section, 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,
15

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).
(11)
Where a court treats a person’s age as an aggravating factor in accordance with
subsection (10), it must state in open court that the offence was aggravated as
20
mentioned in that subsection.
(12)
Where—
(a)
an offence under section 24 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
25
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 subsection (3) applies or (as the case may be) the question
whether the offence was aggravated under this section is to be determined as
30
if the offence had been committed on that day.
(13)
In subsection (12) the reference to an age requirement is a reference to either of
the following—
(a)
the requirement of subsection (3) that the offender was aged 16 or over
at the time of the offence;
35
(b)
the requirement of subsection (10) that the offender was aged 18 or over
at that time and that the other person was not.
(14)
In its application to Scotland, this section has effect with the omission of
subsection (2), and of the reference to it in subsection (9).
Minimum sentences for firearms offences
40
26
Minimum sentences for certain firearms offences
(1)
The 1968 Act is amended as follows.
(2)
In section 51A (which imposes minimum sentence requirements for certain
offences involving the possession of various firearms), in subsection (1)—
(a)
in paragraph (a)(ii), for “and” substitute “or”;
45

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(b)
after paragraph (a)(ii) insert—
“(iii)
an offence under any of the provisions of this Act
listed in subsection (1A) in respect of a firearm or
ammunition specified in section 5(1)(a), (ab),
(aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a)
5
of this Act, and”.
(3)
After that subsection insert—
“(1A)
The provisions are—
(a)
section 16 (possession of firearm with intent to injure);
(b)
section 16A (possession of firearm with intent to cause fear of
10
violence);
(c)
section 17 (use of firearm to resist arrest);
(d)
section 18 (carrying firearm with criminal intent);
(e)
section 19 (carrying a firearm in a public place);
(f)
section 20(1) (trespassing in a building with firearm).”
15
(4)
In Schedule 6 (prosecution and punishment of offences) in column 3, in
paragraph (a) of the entries relating to sections 19 and 20(1), after “Summary”,
in each place, insert “except if the firearm is a firearm specified in section
5(1)(a), (ab), (aba), (ac), (ad), (ae) or (af) or section 5(1A)(a) of this Act.”
(5)
This section applies only to offences committed after the commencement of
20
this section.
Air weapons
27
Prohibition on sale or transfer of air weapons except by registered dealers
(1)
In subsection (1) of section 3 of the 1968 Act (offence for a person other than a
registered firearms dealer to sell etc. a firearm or ammunition by way of trade
25
or business), at the end of paragraph (b) insert “or
(c)
sells or transfers an air weapon, exposes such a weapon for sale
or transfer or has such a weapon in his possession for sale or
transfer,”.
(2)
In section 40(2) of that Act (which excludes air weapons from the requirements
30
to keep a register of transactions), omit the words from “to firearms” to
“therein”.
(3)
In section 57(4) of that Act (interpretation), in the definition of “firearms
dealer”, for the words from “manufactures” onwards substitute—
“(a)
manufactures, sells, transfers, repairs, tests or proves
35
firearms or ammunition to which section 1 of this Act
applies or shot guns; or
(b)
sells or transfers air weapons.”
28
Sales of air weapons by way of trade or business to be face to face
(1)
This section applies where a person sells an air weapon by way of trade or
40
business to an individual in Great Britain who is not registered as a firearms
dealer.

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Part 2 — Weapons etc.
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(2)
A person is guilty of an offence if, for the purposes of the sale, he transfers
possession of the air weapon to the buyer otherwise than at a time when both—
(a)
the buyer, and
(b)
either the seller or a representative of his,

are present in person.
5
(3)
The reference in subsection (2) to a representative of the seller is a reference
to—
(a)
a person who is employed by the seller in his business as a registered
firearms dealer;
(b)
a registered firearms dealer who has been authorised by the seller to act
10
on his behalf in relation to the sale; or
(c)
a person who is employed by a person falling within paragraph (b) in
his business as a registered firearms dealer.
(4)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to imprisonment for a
15
term not exceeding 51 weeks or to a fine not exceeding level 5 on the
standard scale, or to both; and
(b)
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding level 5 on the standard
scale, or to both.
20
(5)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) of this
section to 51 weeks is to be read as a reference to 6 months.
29
Age limits for purchase etc. of air weapons
(1)
The 1968 Act is amended as follows.
25
(2)
For section 22(1) (acquisition and possession of firearms by minors)
substitute—
“(1)
It is an offence—
(a)
for a person under the age of eighteen to purchase or hire an air
weapon or ammunition for an air weapon;
30
(b)
for a person under the age of seventeen to purchase or hire a
firearm or ammunition of any other description.”
(3)
In subsection (4) of that section, for “seventeen” substitute “eighteen”.
(4)
For section 24(1) (supplying firearms to minors) substitute—
“(1)
It is an offence—
35
(a)
to sell or let on hire an air weapon or ammunition for an air
weapon to a person under the age of eighteen;
(b)
to sell or let on hire a firearm or ammunition of any other
description to a person under the age of seventeen.”
(5)
In subsection (4) of that section in paragraphs (a) and (b), for “seventeen”
40
substitute “eighteen”.
(6)
In the table in Part 1 of Schedule 6 (punishment)—
(a)
in the entry for section 22(1), in the second column, at the end insert “or
person under 18 acquiring air weapon”;

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(b)
in the entry for section 22(4), in the second column, for “17” substitute
“18”;
(c)
in the entry for section 24(1), in the second column, at the end insert “or
an air weapon to a person under 18”;
(d)
in the entry for section 24(4), in the second column, for “17” substitute
5
“18”.
30
Firing an air weapon beyond premises
(1)
The 1968 Act is amended as follows.
(2)
After section 21 (possession of firearms by persons previously convicted of
crime) insert—
10
“21A
Firing an air weapon beyond premises

A person commits an offence if—
(a)
he has with him an air weapon on any premises; and
(b)
he uses it for firing a missile beyond those premises.”
(3)
In section 23 (exceptions from section 22(4))—
15
(a)
in subsection (1), for paragraphs (a) and (b) substitute “for the person
under whose supervision he is to allow him to use it for firing any
missile beyond those premises.”;
(b)
omit subsection (4).
(4)
In the table in Part 1 of Schedule 6 (punishment), after the entry for section
20
21(5) insert—

“Section 21A
Person
Summary
A fine of level
Paragraphs 7

making

3 on the
and 8 of Part

improper use

standard scale
II of this

of air weapon

Schedule

25

apply.”

(5)
In that table, in the entry for section 23(1), for the words in the second column
substitute “Person supervising a person under 17 and allowing him to make
improper use of air weapon”.
(6)
In Part 2 of that Schedule (supplementary)—
30
(a)
in paragraph 7, after “under section” insert “21A,”;
(b)
in paragraph 8, after “under section” insert “21A,”.
Ammunition
31
Restriction on sale and purchase of primers
(1)
This section applies to a primer that is capable of being comprised in
35
ammunition for a firearm.
(2)
It is an offence for a person to sell to another either—
(a)
a primer to which this section applies,

Violent Crime Reduction Bill
Part 2 — Weapons etc.
32

(b)
anything which is not itself ammunition for a firearm but contains such
a primer,

unless that other person falls within subsection (3).
(3)
A person falls within this subsection if—
(a)
he is a registered firearms dealer;
5
(b)
he sells by way of any trade or business either primers or things in
which they are contained, or both;
(c)
he produces a certificate authorising him to possess a firearm of the
relevant kind;
(d)
he produces a certificate authorising him to possess ammunition for a
10
firearm;
(e)
he shows that he is a person in the service of Her Majesty who is
entitled under subsection (6) to acquire a primer to which this section
applies;
(f)
he shows that he is entitled, by virtue of the 1968 Act, the Firearms
15
(Amendment) Act 1988 (c. 45) or any other enactment and otherwise
than by virtue of being a person in the service of Her Majesty, to have
possession of a firearm of the relevant kind, or of ammunition for a
firearm, without a certificate; or
(g)
he produces a certificate authorising another person to have possession
20
of such a firearm, or of such ammunition, together with that other
person’s authority to purchase the primer or other thing on his behalf.
(4)
It is an offence for a person to buy or to attempt to buy—
(a)
a primer to which this section applies, or
(b)
anything which is not itself ammunition for a firearm but contains such
25
a primer,

unless he falls within subsection (5).
(5)
A person falls within this subsection if—
(a)
he is a registered firearms dealer;
(b)
he sells by way of any trade or business either primers or things in
30
which they are contained, or both;
(c)
he holds a certificate authorising him to possess a firearm of the
relevant kind;
(d)
he holds a certificate authorising him to possess ammunition for a
firearm;
35
(e)
he is a person in the service of Her Majesty who is entitled under
subsection (6) to acquire a primer to which this section applies;
(f)
he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act
1988 or any other enactment and otherwise than by virtue of being a
person in the service of Her Majesty, to have possession of a firearm of
40
the relevant kind, 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 such a firearm, or of such ammunition, and has that other
person’s authority to purchase the primer or other thing on his behalf.
45
(6)
A person who is in the service of Her Majesty is entitled to acquire a primer to
which this section applies if—
(a)
he is duly authorised in writing to acquire firearms and ammunition for
the public service; or