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
58

      (3)
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.
      (4)
Regulations under this paragraph may provide that, in proceedings for an
offence under this paragraph, it is to be presumed, unless the contrary is
5
proved, that an imitation firearm conforms to the required specification if it,
or the description of imitation firearms to which it belongs, has been
certified as so conforming by a person who is—
(a)
specified in the regulations; or
(b)
determined for the purpose in accordance with provisions contained
10
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
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.
20
Supplying imitation firearms to minors
9     (1)
After Article 66 of the Firearms Order insert—
“66A
Supplying imitation firearms to minors
(1)
It is an offence for a person under the age of 18 to purchase an
imitation firearm.
25
(2)
It is an offence to sell an imitation firearm to a person under the age
of 18.
(3)
In proceedings for an offence under paragraph (2) it is a defence to
show that the person charged with the offence—
(a)
believed the other person to be aged 18 or over; and
30
(b)
had reasonable ground for that belief.”
      (2)
In Article 68 of that Order (defences), for “or 64” substitute “, 64 or 66A”.
      (3)
In Schedule 5 of that Order (punishments), after the entry for Article 66
insert—

“Article
Acquisition
Summary
6 months or

35

66A(1) or (2)
by a minor of

level 5 or

an imitation

both.”

firearm and

supplying

him.

40

Violent Crime Reduction Bill
Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
59

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)—
(a)
in paragraph (b) of column 3 (offence to be triable on indictment
5
except in the case of an imitation firearm or air gun), omit the words
“in the case of an imitation firearm or”; and
(b)
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.”
10
      (2)
This paragraph applies only to offences committed after the commencement
of this paragraph.
Sale etc. of knives and other weapons
11
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”
15
substitute “18”.
12    (1)
Section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) is
amended as follows.
      (2)
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
20
“prove” substitute “show”.
      (3)
After subsection (11) of that section insert—
“(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
25
(b)
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.
30
(11B)
Those purposes are—
(a)
the purposes of theatrical performances and of rehearsals for
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
35
that Act);
(c)
the production of television programmes (within the
meaning of the Communications Act 2003 - see section 405(1)
of that Act).
(11C)
The Secretary of State may by order made by statutory instrument—
40
(a)
provide for exceptions and exemptions from the offence
under subsection (1) above or from the prohibition in
subsection (4) above; and
(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
45

Violent Crime Reduction Bill
Schedule 1 — Weapons, etc.: corresponding provisions for Northern Ireland
60

Customs and Excise Management Act 1979, to show the
matters specified or described in the regulations.
(11D)
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—
(a)
sufficient evidence of that matter is adduced to raise an issue
5
with respect to it; and
(b)
the contrary is not proved beyond a reasonable doubt.
(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.”
10
      (4)
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
paragraph.
Sale etc. of crossbows
13    (1)
In the Crossbows (Northern Ireland) Order 1988 (SI 1988/794 (NI 5), in the
15
provisions mentioned in sub-paragraph (2), for “seventeen”, in each place it
occurs, substitute “eighteen”.
      (2)
The provisions are—
(a)
Article 3 (sale and letting on hire);
(b)
Article 4 (purchase and hiring);
20
(c)
Article 5 (possession).
Supplemental
14    (1)
In this Schedule—
“the Firearms Order” means the Firearms (Northern Ireland) Order
2004 (SI 2004/ 702 (NI 3));
25
“enactment” includes a provision contained in Northern Ireland
legislation.
      (2)
Expressions used in this Schedule and in the Firearms Order have the same
meanings in this Schedule as in that Order.
      (3)
The following provisions of the Firearms Order apply as if paragraphs 1, 2
30
and 4 to 8 of this Schedule were contained in that Order—
(a)
Article 52 (power of search with warrant);
(b)
Article 69(4) (limitation period for prosecutions);
(c)
Article 72 (forfeiture and disposal of firearms and ammunition);
(d)
Article 81 (savings).
35
      (4)
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—
(a)
this paragraph,
(b)
paragraph 4,
40
(c)
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.

Violent Crime Reduction Bill
Schedule 2 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders
61

      (5)
In Article 72 of the Firearms Order, after paragraph (7) insert—
    “(8)
In this Article references to ammunition include references to an
ammunition loading press (within the meaning of paragraph 4 of
Schedule 1 to the Violent Crime Reduction Act 2005).”
Schedule 2
5
Section 45

Football banning orders and football-related consequential amendments
Part 1
Football banning orders
Introductory
1
The Football Spectators Act 1989 (c. 37) is amended as follows.
10
Banning orders: bail conditions
2     (1)
In section 14A (banning orders on conviction of an offence), after subsection
(4B) insert—
“(4BA)
If the court adjourns or further adjourns any proceedings under
subsection (4A) or (4B), the court may remand the offender.
15
(4BB)
A person who, by virtue of subsection (4BA), is remanded on bail
may be required by the conditions of his bail—
(a)
not to leave England and Wales before his appearance before
the court, and
(b)
if the control period relates to a regulated football match
20
outside the United Kingdom or to an external tournament
which includes such matches, to surrender his passport to a
police constable, if he has not already done so.”
      (2)
In subsection (4C) of that section, omit “But” and after “a warrant” insert
“under subsection (4B) above”.
25
      (3)
In section 14B (banning orders on a complaint), after subsection (4) insert—
“(5)
If the magistrates’ court adjourns proceedings on an application
under this section, the court may remand the person in respect of
whom the application is made.
(6)
A person who, by virtue of subsection (5) above, is remanded on bail
30
under section 128 of the Magistrates’ Courts Act 1980 may be
required by the conditions of his bail—
(a)
not to leave England and Wales before his appearance before
the court, and
(b)
if the control period relates to a regulated football match
35
outside the United Kingdom or to an external tournament
which includes such matches, to surrender his passport to a
police constable, if he has not already done so.”

Violent Crime Reduction Bill
Schedule 2 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders
62

Appeals against decisions not to make banning orders
3     (1)
In section 14A (banning order made on conviction for an offence), after
subsection (5) insert—
“(5A)
The prosecution has a right of appeal against a failure by the court to
make a banning order under this section—
5
(a)
where the failure is by a magistrates’ court, to the Crown
Court; and
(b)
where it is by the Crown Court, to the Court of Appeal.
(5B)
An appeal under subsection (5A)(b) may be brought only if the Court
of Appeal gives permission or the judge who decided not to make an
10
order grants a certificate that his decision is fit for appeal.
(5C)
An order made on appeal under this section (other than one
directing that an application be re-heard by the court from which the
appeal was brought) is to be treated for the purposes of this Part as if
it were an order of the court from which the appeal was brought.”
15
      (2)
In section 14D (appeals against banning orders made on complaint), after
subsection (1) insert—
“(1A)
An appeal lies to the Crown Court against the dismissal by a
magistrates’ court of an application for the making of a banning
order under section 14B above.”
20
      (3)
In subsection (2) of that section, for “the appeal” substitute “an appeal under
this section”.
Applications for banning orders under section 14B
4     (1)
In section 14B (banning orders made on a complaint)—
(a)
for subsection (1) substitute—
25
“(1)
An application for a banning order in respect of any person
may be made by—
(a)
the relevant chief officer, or
(b)
the Director of Public Prosecutions,

if it appears to him that the condition in subsection (2) is
30
met.”;
(b)
after subsection (1) insert—
“(1A)
In subsection (1) ‘the relevant chief officer’ means—
(a)
the chief officer of police of any police force
maintained for a police area; or
35
(b)
the chief constable of the British Transport Police
Force.”
      (2)
In section 21B(4) (summary measures: reference to a court), for “the chief
officer of police for the area in which the person resides or appears to reside”
substitute “the relevant chief officer”.
40
Notification obligations under banning orders
5     (1)
Section 14E (banning orders: general) is amended as follows.

Violent Crime Reduction Bill
Schedule 2 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders
63

      (2)
After subsection (2) insert—
“(2A)
A banning order must require the person subject to the order to give
notification of the events mentioned in subsection (2B) to the
enforcing authority.
(2B)
The events are—
5
(a)
a change of any of his names;
(b)
the first use by him after the making of the order of a name
for himself that was not disclosed by him at the time of the
making of the order;
(c)
a change of his home address;
10
(d)
his acquisition of a temporary address;
(e)
a change of his temporary address or his ceasing to have one;
(f)
the loss of his passport;
(g)
receipt by him of a new passport and the details of that
passport;
15
(h)
an appeal made by him in relation to the order;
(i)
an application made by him under section 14H(2) for
termination of the order;
(j)
an appeal made by him under section 23(3) against the
making of a declaration of relevance in respect of an offence
20
of which he has been convicted.
(2C)
A notification required by a banning order by virtue of subsection
(2A) must be given before the end of the period of seven days
beginning with the day on which the event in question occurs.”
      (3)
After subsection (7) insert—
25
“(8)
In this section—
‘declaration of relevance’ has the same meaning as in section 23;
‘home address’, in relation to any person, means the address of
his sole or main residence;
‘loss’ includes theft or destruction;
30
‘new’ includes replacement;
‘temporary address’, in relation to any person, means the
address (other than his home address) of a place at which he
intends to reside, or has resided, for a period of at least four
weeks.”
35
Duration of banning orders
6
In section 14F(5) (duration of banning orders), for “three” substitute “five”
and for “two” substitute “three”.
Notices during control periods
7
In section 19 (functions of enforcing authority and local police), after
40
subsection (2E)(b) insert—
“(c)
must require him to notify the enforcing authority within the
time period specified in the notice of each address at which
he intends to stay, or has stayed, for one night or more in a

Violent Crime Reduction Bill
Schedule 2 — Football banning orders and football-related consequential amendments
Part 2 — Consequential Amendments
64

period which is the control period in relation to a regulated
football match.”
Deemed receipt of notices and other documents
8     (1)
In section 25 (service of documents), after subsection (1) insert—
“(1A)
A notice or other document served in accordance with subsection (1)
5
on a person who is the subject of a banning order is to be deemed to
be received by him at the time when it is served unless he proves
otherwise.”
      (2)
In section 21(7) (service of notices under section 19), after “subsection (6)
above” insert “(instead of section 25(1A))”.
10
New relevant offence
9     (1)
In paragraph 1 of Schedule 1 (offences), in subparagraphs (c), (k), and (q)
after “under section” insert “4A or”.
      (2)
An offence is not a relevant offence by virtue of sub-paragraph (1) if it was
committed before the commencement of this paragraph.
15
Part 2
Consequential Amendments
Meaning of “spectator” in Part 1
10
For section 1(6) of the Football Spectators Act 1989 (c. 37) (definition of
“authorised spectator”) substitute—
20
“(6)
A person is not to be regarded as a ‘spectator’ in relation to a
designated football match if the principal purpose of his being on the
premises is to provide services in connection with the match, or to
report on it.”
General provisions relating to licences to admit spectators
25
11
In section 10(17) of that Act (licences to admit spectators: general), for “, the
licensing authority or the Football Membership Authority” substitute “or the
licensing authority”.
Declarations of relevance
12
In section 23 of that Act (provisions about declarations of relevance), at the
30
end insert—
“(5)
In this section ‘declaration of relevance’ means a declaration by a
court for the purposes of Schedule 1 to this Act that an offence related
to football matches, or that it related to one or more particular
football matches.”
35
Periods relevant to football matches
13
For paragraph 4(2) of Schedule 1 to that Act (meaning of period relevant to