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.
40

(a)
applies only to offences committed after the commencement of this
section; and
(b)
so far as it relates to subsection (3) of section 282 of the Criminal Justice
Act 2003 (c. 44) or subsection (5) of section 281 of that Act, does not have
effect in relation to offences committed before the commencement of
5
that subsection.
Knives, etc.
39
Sale etc. of knives and other weapons
(1)
The Criminal Justice Act 1988 (c. 33) is amended as follows.
(2)
In section 141A(1) (prohibition on sale of knives etc. to persons under sixteen),
10
for “sixteen” substitute “eighteen”.
(3)
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”.
(4)
After subsection (11) of that section insert—
15
“(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,
20

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).
(11B)
Those purposes are—
(a)
the purposes of theatrical performances and of rehearsals for
25
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
30
of the Communications Act 2003 - see section 405(1) of that Act).
(11C)
For the purposes of this section a person shall be taken to have shown
a matter specified in subsection (5), (8), (9) or (11A) if—
(a)
sufficient evidence of that matter is adduced to raise an issue
with respect to it; and
35
(b)
the contrary is not proved beyond a reasonable doubt.
(11D)
The Secretary of State may by order made by statutory instrument—
(a)
provide for exceptions and exemptions from the offence under
subsection (1) above or from the prohibition in subsection (4)
above; and
40
(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.

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Part 2 — Weapons etc.
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(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.”
(5)
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
5
section.
40
Sale etc. of crossbows
(1)
In the Crossbows Act 1987 (c. 32), in the provisions mentioned in subsection
(2), for “seventeen”, in each place it occurs, substitute “eighteen”.
(2)
The provisions are—
10
(a)
section 1 (sale and letting on hire);
(b)
section 2 (purchase and hiring);
(c)
section 3 (possession).
41
Power to search school pupils for weapons
After section 550A of the Education Act 1996 (c. 56) insert—
15
“550AA
  Power of members of staff to search pupils etc. for weapons
(1)
A member of the staff of a school who has reasonable grounds for
believing that a pupil at the school may have with him or in his
possessions—
(a)
an article to which section 139 of the Criminal Justice Act 1988
20
applies (knives and blades etc.), or
(b)
an offensive weapon (within the meaning of the Prevention of
Crime Act 1953),

may search that pupil or his possessions for such articles and weapons.
(2)
A search under this section may be carried out only where—
25
(a)
the member of the staff and the pupil are on the premises of the
school; or
(b)
they are elsewhere and the member of the staff has lawful
control or charge of the pupil.
(3)
A person may carry out a search under this section only if—
30
(a)
he is the head teacher of the school; or
(b)
he has been authorised by the head teacher to carry out the
search.
(4)
A person who carries out a search of a pupil under this section—
(a)
may not require the pupil to remove any clothing other than
35
outer clothing;
(b)
must be of the same sex as the pupil; and
(c)
may carry out the search only in the presence of another person
who is aged 18 or over and is also of the same sex as the pupil.
(5)
A pupil’s possessions may not be searched under this section except in
40
his presence and in the presence of a person (in addition to the person
carrying out the search) who is aged 18 or over.
(6)
If a person who, in the course of a search under this section, finds—

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(a)
anything which he has reasonable grounds for suspecting falls
within subsection (1)(a) or (b), or
(b)
any other thing which he has reasonable grounds for suspecting
is evidence in relation to an offence,

he may seize and retain it.
5
(7)
A person who exercises a power under this section may use such force
as is reasonable in the circumstances for exercising that power.
(8)
A person who seizes anything under subsection (6) must deliver it to a
police constable as soon as reasonably practicable.
(9)
The Police (Property) Act 1897 (disposal of property in the possession
10
of the police) shall apply to property which has come into the
possession of a police constable under this section as it applies to
property which has come into the possession of the police in the
circumstances mentioned in that Act.
(10)
An authorisation for the purposes subsection (3)(b) may be given either
15
in relation to a particular search or generally in relation to searches
under this section or to a particular description of such searches.
(11)
In this section—
‘member of the staff’ has the same meaning as in section 550A;
‘outer clothing’ includes an outer coat, a jacket, gloves and a hat;
20
‘possessions’, in relation to a pupil of a school, includes any goods
over which he has or appears to have control.
(12)
The powers conferred by this section are in addition to any powers
exercisable by the member of the staff in question apart from this
section and are not to be construed as restricting such powers.”
25
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Power to search persons in attendance centres for weapons
(1)
A member of staff of an attendance centre who has reasonable grounds for
believing that a relevant person may have with him or in his possessions—
(a)
an article to which section 139 of the Criminal Justice Act 1988 (c. 33)
applies (knives and blades etc.), or
30
(b)
an offensive weapon (within the meaning of the Prevention of Crime
Act 1953 (c. 14)),

may search the relevant person or his possessions for such articles and
weapons.
(2)
A search under this section may be carried out only where the member of staff
35
and the relevant person are on the premises of the attendance centre.
(3)
A person may carry out a search under this section only if—
(a)
he is the officer in charge of the attendance centre; or
(b)
he has been authorised by the officer in charge to carry out the search.
(4)
A person who carries out a search of a relevant person under this section—
40
(a)
may not require the relevant person to remove any clothing other than
outer clothing;
(b)
must be of the same sex as the relevant person; and
(c)
may carry out the search only in the presence of another person who is
aged 18 or over and is also of the same sex as the relevant person.
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Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(5)
A relevant person’s possessions may not be searched under this section except
in his presence and in the presence of a person (in addition to the person
carrying out the search) who is aged 18 or over.
(6)
If a person who, in the course of a search under this section, finds—
(a)
anything which he has reasonable grounds for suspecting falls within
5
subsection (1)(a) or (b), or
(b)
any other thing which he has reasonable grounds for suspecting is
evidence in relation to an offence,

he may seize and retain it.
(7)
A person who exercises a power under this section may use such force as is
10
reasonable in the circumstances for exercising that power.
(8)
A person who seizes anything under subsection (6) must deliver it to a police
constable as soon as reasonably practicable.
(9)
The Police (Property) Act 1897 (c. 30) (disposal of property in the possession of
the police) shall apply to property which has come into the possession of a
15
police constable under this section as it applies to property which has come
into the possession of the police in the circumstances mentioned in that Act.
(10)
An authorisation for the purposes of subsection (3)(b) may be given either in
relation to a particular search or generally in relation to searches under this
section or to a particular description of such searches.
20
(11)
In this section—
“attendance centre” has the same meaning as in Part 12 of the Criminal
Justice Act 2003 (c. 44) (see section 221 of that Act);
“officer in charge”, in relation to an attendance centre, means the member
of staff for the time being in charge of that centre;
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“outer clothing” includes an outer coat, a jacket, gloves and a hat;
“possessions”, in relation to a person, includes any goods over which he
has or appears to have control;
“relevant person”, in relation to an attendance centre, means a person
who is required to attend at that centre by virtue of—
30
(a)
a relevant order (within the meaning of section 196 of the
Criminal Justice Act 2003); or
(b)
an attendance centre order under section 60 of the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6).
(12)
The powers conferred by this section are in addition to any powers exercisable
35
by the member of staff of an attendance centre in question apart from this
section and are not to be construed as restricting such powers.
Supplemental
43
Supplemental provisions for Part 2
(1)
In this Part “the 1968 Act” means the Firearms Act 1968 (c. 27).
40
(2)
Expressions used in this Part and in the 1968 Act have the same meanings in
this Part as in that Act.
(3)
The following provisions of the 1968 Act apply as if sections 24, 25, 28 and 31
to 36 of this Act were contained in that Act—

Violent Crime Reduction Bill
Part 3 — Miscellaneous
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(a)
section 46 (power of search with warrant);
(b)
section 51(4) (limitation period for prosecutions);
(c)
section 52 (forfeiture and disposal of firearms and ammunition);
(d)
section 58 (savings).
(4)
Sections 31 and 32 bind persons in the service of Her Majesty; and for the
5
purposes of—
(a)
this section,
(b)
those sections, and
(c)
any rule of law under which any of the provisions of section 24, 25, 28,
33 or 36 do not bind the Crown,
10

a person is in the service of Her Majesty if he is deemed to be in such service
(or to be in the naval, military or air service of Her Majesty) for the purposes of
and under section 54 of the 1968 Act (Crown application).
(5)
In section 52 of the 1968 Act, after subsection (4) insert—
“(5)
In this section references to ammunition include references to—
15
(a)
a primer to which section 31 of the Violent Crime Reduction Act
2005 applies and to anything in which such a primer is
contained; and
(b)
an ammunition loading press (within the meaning of section 32
of that Act).”
20
44
Corresponding provision for Northern Ireland
Schedule 1 (which makes provision for Northern Ireland corresponding to that
made by the preceding provisions of this Part, other than sections 27 to 31, 41
and 42) has effect.
Part 3
25
Miscellaneous
Football
45
Football-related disorder
(1)
Section 5(2) of the Football (Disorder) Act 2000 (c. 25) (which imposes a latest
date of 27th August 2007 for the making of applications for football banning
30
orders under the Football Spectators Act 1989 (c. 37) and for the exercise of
constables’ powers under that Act to take summary measures) shall have no
effect.
(2)
Schedule 2 (which amends the provisions of the Football Spectators Act 1989
relating to football banning orders and makes other amendments
35
consequential on the amendment of that Act by this Act) has effect.
(3)
Sections 2 to 7 of the Football Spectators Act 1989 (the national membership
scheme) shall cease to have effect.
46
Sale and disposal of tickets by unauthorised persons
(1)
The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.
40

Violent Crime Reduction Bill
Part 3 — Miscellaneous
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(2)
In section 166 (sale of tickets by unauthorised persons), for subsection (1)
substitute—
“(1)
It is an offence for an unauthorised person to—
(a)
sell a ticket for a designated football match, or
(b)
otherwise to dispose of such a ticket to another person.”
5
(3)
In subsection (2) of that section, after paragraph (a) insert—
“(aa)
a reference to selling a ticket includes a reference to—
(i)
offering to sell a ticket;
(ii)
exposing a ticket for sale;
(iii)
making a ticket available for sale by another;
10
(iv)
advertising that a ticket is available for purchase; and
(v)
giving a ticket to a person who pays or agrees to pay for
some other goods or services or offering to do so.”
(4)
After section 166 insert—
“166A
Supplementary provision relating to sale and disposal of tickets on
15
internet
(1)
Nothing in section 166 makes it an offence for a service provider
established outside of the United Kingdom to do anything in the course
of providing information society services.
(2)
If—
20
(a)
a service provider established in the United Kingdom does
anything in a EEA State other than the United Kingdom in the
course of providing information society services, and
(b)
the action, if done in England and Wales, would constitute an
offence falling within section 166(1),
25

the service provider shall be guilty in England and Wales of an offence
under that section.
(3)
A service provider is not capable of being guilty of an offence under
section 166 in respect of anything done in the course of providing so
much of an information society service as consists in—
30
(a)
the transmission in a communication network of information
falling within subsection (4), or
(b)
the storage of information provided by a recipient of the service,

except where subsection (5) applies.
(4)
Information falls within this subsection if—
35
(a)
it is provided by a recipient of the service; and
(b)
it is the subject of automatic, intermediate and temporary
storage which is solely for the purpose making the onward
transmission of the information to other recipients of the service
at their request more efficient.
40
(5)
This subsection applies at any time in relation to information if—
(a)
the service provider knew when that information was provided
that it contained material contravening section 166; or
(b)
that information is stored at that time (whether as mentioned in
subsection (3)(b) or (4)) in consequence of the service provider’s
45
failure expeditiously to remove the information, or to disable

Violent Crime Reduction Bill
Part 3 — Miscellaneous
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access to it, upon obtaining actual knowledge that the
information contained material contravening section 166.
(6)
In this section—
‘the Directive’ means Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal
5
aspects of information society services, in particular electronic
commerce, in the Internal Market (Directive on electronic
commerce);
‘information society services’—
(a)
has the meaning set out in Article 2(a) of the Directive
10
(which refers to Article 1(2) of Directive 98/34/EC of the
European Parliament and of the Council of 22 June 1998
laying down a procedure for the provision of
information in the field of technical standards and
regulations, as amended by Directive 98/48/EC of 20
15
July 1998); and
(b)
is summarised in recital 17 of the Directive as covering
‘any service normally provided for remuneration, at a
distance, by means of electronic equipment for the
processing (including digital compression) and storage
20
of data, and at the individual request of a recipient of a
service’;
‘EEA State’ means a state which is for the time being a member
State, Norway, Iceland or Liechtenstein;
‘recipient of the service’ means any person who, for professional
25
ends or otherwise, uses an information society service, in
particular for the purposes of seeking information or making it
accessible;
‘service provider’ means any person providing an information
society service.”
30
Sexual offences
47
Forfeiture and detention of vehicles etc.
Schedule 3 (which amends the Sexual Offences Act 2003 (c. 42) to restore
powers of forfeiture and detention of vehicles, ships and aircraft used in
relation to offences of trafficking for sexual exploitation) has effect.
35
48
Continuity of sexual offences law
(1)
This section applies where, in any proceedings—
(a)
a person (“the defendant”) is charged in respect of the same conduct
both with an offence under the Sexual Offences Act 2003 (“the 2003 Act
offence”) and with an offence specified in subsection (2) (“the pre-
40
commencement offence”);
(b)
the only thing preventing the defendant from being found guilty of the
2003 Act offence is the fact that it has not been proved beyond a
reasonable doubt that the time when the conduct took place was after
the coming into force of the enactment providing for the offence; and
45
(c)
the only thing preventing the defendant from being found guilty of the
pre-commencement offence is the fact that it has not been proved