Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
51

Schedules
Schedule 1
Section 44

Weapons, etc.: corresponding provisions for Northern Ireland
Using someone to mind a weapon
1     (1)
A person is guilty of an offence if—
5
(a)
he uses another to look after, hide or transport a dangerous weapon
for 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.
10
      (2)
For the purposes of this paragraph the cases in which a dangerous weapon
is to be 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
15
(b)
his possession of the weapon at that time and place would constitute,
or be likely to involve or to lead to, the commission by him of an
offence.
      (3)
In this paragraph “dangerous weapon” means—
(a)
a firearm other than an exempt air gun or a component part of, or
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accessory to, an exempt air gun; or
(b)
a weapon to which Article 54 of the Criminal Justice (Northern
Ireland) Order 1996 (1996/3160 (NI 24)) applies (knives and bladed
weapons).
      (4)
In sub-paragraph (3)(a) “exempt air gun” means an air gun to which
25
paragraph 9(1) of Schedule 1 of the Firearms Order applies (air guns for
which firearm certificate not required).
Penalty for offence under paragraph 1
2     (1)
This paragraph applies where a person (“the offender”) is guilty of an
offence under paragraph 1.
30
      (2)
Where the dangerous weapon in respect of which the offence was
committed is a weapon to which Article 54 of the Criminal Justice (Northern
Ireland) Order 1996 (1996/3160 (NI 24)) (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.
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      (3)
Where—
(a)
at the time of the offence, the offender was aged 16 or over, and

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Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
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(b)
the dangerous weapon in respect of which the offence was
committed was a firearm mentioned in Article 3(1)(a) or 45(1)(a),
(aa), (b), (c), (d), (e) or (g) or (2)(a) of the Firearms Order (firearms
possession of which attracts a minimum sentence),

the offender shall be liable, on conviction on indictment, to imprisonment
5
for a term not exceeding 10 years or to a fine, or to both.
      (4)
On a conviction where—
(a)
sub-paragraph (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 term of imprisonment of not
10
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, where—
(a)
sub-paragraph (3) applies, and
15
(b)
the offender is aged under 21 at the time of conviction,

the court must impose (with or without a fine) a term of detention in a young
offenders centre 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 doing so.
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      (6)
In any case not mentioned in sub-paragraph (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.
      (7)
Where—
(a)
a court is considering for the purposes of sentencing the seriousness
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of an offence under this paragraph, 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,

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
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seriousness of the offence).
      (8)
Where a court treats a person’s age as an aggravating factor in accordance
with sub-paragraph (7), it must state in open court that the offence was
aggravated as mentioned in that sub-paragraph.
      (9)
Where—
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(a)
an offence under paragraph 1 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 of two or more days, or at some time during a period of two
or more days, and
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(b)
on any day in that period, an age requirement was satisfied,

the question whether sub-paragraph (3) applies or (as the case may be) the
question whether the offence was aggravated under this paragraph is to be
determined as if the offence had been committed on that day.
     (10)
In sub-paragraph (9) the reference to an age requirement is a reference to
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either of the following—
(a)
the requirement of sub-paragraph (3) that the offender was aged 16
or over at the time of the offence;

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Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
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(b)
the requirement of sub-paragraph (7) that the offender was aged 18
or over at that time and that the other person was not.
Minimum sentence for certain firearms offences
3     (1)
The Firearms Order is amended as follows.
      (2)
In Article 70 (which imposes minimum sentence requirements for certain
5
offences involving the possession of various firearms), in paragraph (1)—
(a)
in sub-paragraph (a)(iii) for “and” substitute “or”;
(b)
after sub-paragraph (a)(iii) insert—
“(iv)
an offence under any of the provisions of this
Order listed in paragraph (1A) in respect of a
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firearm or ammunition specified in Article
3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d), (e)
or (g) or (2)(a), and”.
      (3)
After paragraph (1) of that Article insert—
“(1A)
The provisions are—
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(a)
Article 58 (possession of a firearm with intent);
(b)
Article 59 (use of firearm to resist arrest);
(c)
Article 60 (carrying a firearm with criminal intent);
(d)
Article 61(1) (carrying a firearm in a public place);
(e)
Article 62 (trespassing in a building with a firearm).”
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      (4)
In Schedule 5 (prosecution and punishment of offences), in column 3, in
paragraph (a) of the entries relating to Articles 61(1) and 62(1), after
“Summary”, in each place, insert “except if the firearm is a firearm specified
in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a)”.
      (5)
This paragraph applies only to offences committed after the commencement
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of this paragraph.
Restriction on sale and purchase of ammunition loading presses
4     (1)
It is an offence for a person to sell an ammunition loading press to another
unless that other person falls within sub-paragraph (2).
      (2)
A person falls within this sub-paragraph if—
30
(a)
he holds a firearms dealer’s certificate;
(b)
he sells ammunition loading presses by way of any trade or business;
(c)
he produces a certificate authorising him to possess a firearm;
(d)
he produces a certificate authorising him to possess ammunition for
a firearm;
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(e)
he shows that he is a person in the service of the Crown who is
entitled under sub-paragraph (5) to acquire an ammunition loading
press;
(f)
he shows that he is entitled, by virtue of the Firearms Order or any
other enactment and otherwise than by virtue of being a person in
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the service of the Crown, to have possession of a firearm, or of
ammunition for a firearm, without a certificate; or
(g)
he produces a certificate authorising another person to have
possession of a firearm, or of such ammunition, together with that

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Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
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other person’s authority to purchase the ammunition loading press
on his behalf.
      (3)
It is an offence for a person to buy or to attempt to buy an ammunition
loading press unless he falls within sub-paragraph (4).
      (4)
A person falls within this sub-paragraph if—
5
(a)
he holds a firearms dealer’s certificate;
(b)
he sells ammunition loading presses by way of any trade or business;
(c)
he holds a certificate authorising him to possess a firearm;
(d)
he holds a certificate authorising him to possess ammunition for a
firearm;
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(e)
he is a person in the service of the Crown who is entitled under sub-
paragraph (5) to acquire an ammunition loading press;
(f)
he is entitled, by virtue of the Firearms Order or any other enactment
and otherwise than by virtue of being a person in the service of the
Crown, to have possession of a firearm, or of ammunition for a
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firearm, without a certificate; or
(g)
he is in possession of a certificate authorising another person to have
possession of a firearm, or of ammunition for a firearm, and has that
other person’s authority to purchase the ammunition loading press
on his behalf.
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      (5)
A person who is in the service of the Crown is entitled to acquire an
ammunition loading press if—
(a)
he is duly authorised in writing to acquire firearms and ammunition
for the public service; or
(b)
he is a person who is authorised to purchase a firearm or
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ammunition by virtue of a certificate issued in accordance with
Article 77(2)(c) of the Firearms Order (certificates for persons in
armed forces).
      (6)
An offence under this paragraph shall be punishable, on summary
conviction, with imprisonment for a term not exceeding 6 months or with a
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fine not exceeding level 5 on the standard scale, or with both.
      (7)
In this paragraph—
“ammunition loading press” includes ammunition loading die;
“enactment” includes one passed or made after the passing of this Act.
Manufacture, import and sale of realistic imitation firearms
35
5     (1)
A person is guilty of an offence if—
(a)
he manufactures a realistic imitation firearm;
(b)
he modifies an imitation firearm so that it becomes a realistic
imitation firearm;
(c)
he sells a realistic imitation firearm; or
40
(d)
he brings a realistic imitation firearm into Northern Ireland or causes
one to be brought into Northern Ireland.
      (2)
Sub-paragraph (1) has effect subject to the defences in paragraph 6.
      (3)
The Secretary of State may by regulations—
(a)
provide for exceptions and exemptions from the offence under sub-
45
paragraph (1); and

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Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
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(b)
provide for it to be a defence in proceedings for such an offence to
show the matters specified or described in the regulations.
      (4)
Regulations under sub-paragraph (3) may—
(a)
frame any exception, exemption or defence by reference to an
approval or consent given in accordance with the regulations;
5
(b)
provide for approvals and consents to be given in relation to
particular cases or in relation to such descriptions of case as may be
specified or described in the regulations; and
(c)
confer the function of giving approvals or consents on such persons
specified or described in the regulations as the Secretary of State
10
thinks fit.
      (5)
The power of the Secretary of State to make regulations under sub-
paragraph (3) shall be exercisable by statutory instrument subject to
annulment in pursuance of a resolution of either House of Parliament.
      (6)
That power includes power—
15
(a)
to make different provision for different cases;
(b)
to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and
transitional provision as he thinks fit.
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      (7)
An offence under this paragraph shall be punishable, on summary
conviction, with imprisonment for a term not exceeding 6 months or with a
fine not exceeding level 5 on the standard scale, or with both.
      (8)
In this paragraph “realistic imitation firearm” has the meaning given by
paragraph 7.
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6     (1)
It shall be a defence for a person charged with an offence under paragraph 5
in respect of any conduct to show that the conduct was for the purpose only
of making the imitation firearm in question available for one or more of the
purposes specified in sub-paragraph (2).
      (2)
Those purposes are—
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(a)
the purposes of a museum or gallery that does not distribute any
profits it makes;
(b)
the purposes of theatrical performances and of rehearsals for such
performances;
(c)
the production of films (within the meaning of Part 1 of the
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Copyright, Designs and Patents Act 1988 (c. 48) - see section 5B of
that Act);
(d)
the production of television programmes (within the meaning of the
Communications Act 2003 (c. 21) - see section 405(1) of that Act);
(e)
the purposes of historical re-enactments organised and held by
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persons specified or described for the purposes of this paragraph by
regulations made by the Secretary of State.
      (3)
For the purposes of this paragraph a person shall be taken to have shown a
matter specified in sub-paragraph (1) if—
(a)
sufficient evidence of that matter is adduced to raise an issue with
45
respect to it; and
(b)
the contrary is not proved beyond a reasonable doubt.

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Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
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      (4)
The power of the Secretary of State to make regulations under this
paragraph shall be exercisable by statutory instrument subject to annulment
in pursuance of a resolution of either House of Parliament.
      (5)
That power includes power—
(a)
to make different provision for different cases;
5
(b)
to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and
transitional provision as he thinks fit.
      (6)
In this paragraph—
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“historical re-enactment” means any presentation or other event held as
a re-enactment of an historical event;
“museum or gallery” includes any institution which—
(a)
has as its purpose, or one of its purposes, the preservation,
display and interpretation of material of historical, artistic or
15
scientific interest; and
(b)
gives the public access to it.
7     (1)
In paragraph 5 “realistic imitation firearm” means an imitation firearm
which—
(a)
has an appearance that is so realistic as to make it indistinguishable,
20
for all practical purposes, from a real firearm; and
(b)
is neither a de-activated firearm nor itself an antique.
      (2)
For the purposes of this paragraph, an imitation firearm is not (except by
virtue of sub-paragraph (3)(b)) to be regarded as distinguishable from a real
firearm for any practical purpose if it could be so distinguished only—
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(a)
by an expert;
(b)
on a close examination; or
(c)
as a result of an attempt to load or to fire it.
      (3)
In determining for the purposes of this paragraph whether an imitation
firearm is distinguishable from a real firearm—
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(a)
the matters that must be taken into account include any differences
between the size, shape and principal colour of the imitation firearm
and the size, shape and colour in which the real firearm is
manufactured; and
(b)
the imitation is to be regarded as distinguishable if its size, shape or
35
principal colour is unrealistic for a real firearm.
      (4)
The Secretary of State may by regulations provide that, for the purposes of
sub-paragraph (3)(b)—
(a)
the size of an imitation firearm is to be regarded as unrealistic for a
real firearm only if the imitation firearm has dimensions that are less
40
than the dimensions specified in the regulations; and
(b)
a colour is to be regarded as unrealistic for a real firearm only if it is
a colour specified in the regulations.
      (5)
The power of the Secretary of State to make regulations under this
paragraph shall be exercisable by statutory instrument subject to annulment
45
in pursuance of a resolution of either House of Parliament.
      (6)
That power includes power—

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(a)
to make different provision for different cases;
(b)
to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and
transitional provision as he thinks fit.
5
      (7)
In this paragraph—
“colour” is to be construed in accordance with sub-paragraph (9);
“de-activated firearm” means an imitation firearm that consists in
something which—
(a)
was a firearm; but
10
(b)
has been so rendered incapable of discharging a shot, bullet
or other missile as no longer to be a firearm;
“real firearm” means—
(a)
a firearm of an actual make or model of modern firearm
(whether existing or discontinued); or
15
(b)
something falling within a description which could be used
for identifying, by reference to their appearance, the firearms
falling within a category of actual modern firearms which,
even though they include firearms of different makes or
models (whether existing or discontinued) or both, all have
20
the same or a similar appearance.
      (8)
In sub-paragraph (7) “modern firearm” means any firearm other than one
the appearance of which would tend to identify it as having a design and
mechanism of a sort first dating from before the year 1870.
      (9)
References in this paragraph, in relation to an imitation firearm or a real
25
firearm, to its colour include references to its being made of transparent
material.
     (10)
Article 2(7) of the Firearms Order (under which firearms are deemed to be
deactivated if they are appropriately marked) applies for the purposes of
this paragraph as it applies for the purposes of that Order.
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Specification for imitation firearms
8     (1)
The Secretary of State may by regulations make provision requiring
imitation firearms to conform to specifications which are—
(a)
set out in the regulations; or
(b)
approved by such persons and in such manner as may be so set out.
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      (2)
A person is guilty of an offence if—
(a)
he manufactures an imitation firearm which does not conform to the
specifications required of it by regulations under this paragraph;
(b)
he modifies an imitation firearm so that it ceases to conform to the
specifications so required of it;
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(c)
he modifies a firearm to create an imitation firearm that does not
conform to the specifications so required of it; or
(d)
he brings an imitation firearm which does not conform to the
specifications so required of it into Northern Ireland or causes such
an imitation firearm to be brought into Northern Ireland.
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