Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Schedule 3 — Forfeiture and detention of vehicles etc.
65

a football match) substitute—
    “(2)
For the purposes of this Schedule each of the following periods is
‘relevant to’ a football match to which this Schedule applies—
(a)
in the case of a match which takes place on the day on
which it is advertised to take place, the period—
5
(i)
beginning 24 hours before whichever is the earlier
of the start of the match and the time at which it
was advertised to start; and
(ii)
ending 24 hours after it ends;
(b)
in the case of a match which does not take place on the day
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on which it was advertised to take place, the period—
(i)
beginning 24 hours before the time at which it was
advertised to start on that day; and
(ii)
ending 24 hours after that time.”
Amendments of other enactments
15
14    (1)
In each of the enactments specified in sub-paragraph (2), for “declaration of
relevance under” substitute “declaration of relevance, within the meaning of
section 23 of”.
      (2)
Those provisions are—
(a)
section 50(1)(h) of the Criminal Appeal Act 1968 (c. 19); and
20
(b)
section 108(3) of the Magistrates’ Courts Act 1980 (c. 43).
      (3)
This paragraph does not apply in relation to declarations made before the
commencement of paragraph 12.
15
In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the
Director of Public Prosecutions), in subsection (2) after paragraph (fa)
25
insert—
“(faa)
where it appears to him appropriate to do so, to have the
conduct of applications made by him for orders under section
14B of the Football Spectators Act 1989 (banning orders made
on complaint);”.
30
Schedule 3
Section 47

Forfeiture and detention of vehicles etc.
1
The Sexual Offences Act 2003 (c. 42) is amended as follows.
2
After section 60 (sections 57 to 59: interpretation and jurisdiction) insert—
“60A
Forfeiture of land vehicle, ship or aircraft
35
(1)
This section applies if a person is convicted on indictment of an
offence under sections 57 to 59.
(2)
The court may order the forfeiture of a land vehicle used or intended
to be used in connection with the offence if the convicted person—
(a)
owned the vehicle at the time the offence was committed;
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Violent Crime Reduction Bill
Schedule 3 — Forfeiture and detention of vehicles etc.
66

(b)
was at that time a director, secretary or manager of a
company which owned the vehicle;
(c)
was at that time in possession of the vehicle under a hire-
purchase agreement;
(d)
was at that time a director, secretary or manager of a
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company which was in possession of the vehicle under a hire-
purchase agreement; or
(e)
was driving the vehicle in the course of the commission of the
offence.
(3)
The court may order the forfeiture of a ship or aircraft used or
10
intended to be used in connection with the offence if the convicted
person—
(a)
owned the ship or aircraft at the time the offence was
committed;
(b)
was at that time a director, secretary or manager of a
15
company which owned the ship or aircraft;
(c)
was at that time in possession of the ship or aircraft under a
hire-purchase agreement;
(d)
was at that time a director, secretary or manager of a
company which was in possession of the ship or aircraft
20
under a hire-purchase agreement;
(e)
was at the time a charterer of the ship or aircraft; or
(f)
committed the offence while acting as captain of the ship or
aircraft.
(4)
But in a case to which subsection (3)(a) or (b) does not apply,
25
forfeiture may be ordered only—
(a)
in the case of a ship, if subsection (5) or (6) applies;
(b)
in the case of an aircraft, if subsection (5) or (7) applies.
(5)
This subsection applies where a person who, at the time the offence
was committed, owned the ship or aircraft or was a director,
30
secretary or manager of a company which owned it, knew or ought
to have known of the intention to use it in the course of the
commission of an offence under sections 57 to 59.
(6)
This subsection applies where a ship’s gross tonnage is less than 500
tons.
35
(7)
This subsection applies where the maximum weight at which an
aircraft (which is not a hovercraft) may take off in accordance with
its certificate of airworthiness is less than 5,700 kilogrammes.
(8)
Where a person who claims to have an interest in a land vehicle, ship
or aircraft applies to a court to make representations on the question
40
of forfeiture, the court may not make an order under this section in
respect of the vehicle, ship or aircraft unless the person has been
given an opportunity to make representations.
60B
Detention of land vehicle, ship or aircraft
(1)
If a person has been arrested for an offence under sections 57 to 59, a
45
constable or a senior immigration officer may detain a relevant
vehicle, ship or aircraft—

Violent Crime Reduction Bill
Schedule 3 — Forfeiture and detention of vehicles etc.
67

(a)
until a decision is taken as to whether or not to charge the
arrested person with that offence;
(b)
if the arrested person has been charged, until he is acquitted,
the charge against him is dismissed or the proceedings are
discontinued; or
5
(c)
if he has been charged and convicted, until the court decides
whether or not to order forfeiture of the vehicle, ship or
aircraft.
(2)
A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in
relation to an arrested person if it is a land vehicle, ship or aircraft
10
which the constable or officer concerned has reasonable grounds for
believing could, on conviction of the arrested person for the offence
for which he was arrested, be the subject of an order for forfeiture
made under section 60A.
(3)
A person (other than the arrested person) may apply to the court for
15
the release of a land vehicle, ship or aircraft on the grounds that—
(a)
he owns the vehicle, ship or aircraft;
(b)
he was, immediately before the detention of the vehicle, ship
or aircraft, in possession of it under a hire-purchase
agreement; or
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(c)
he is a charterer of the ship or aircraft.
(4)
The court to which an application is made under subsection (3) may,
on such security or surety being tendered as it considers satisfactory,
release the vehicle, ship or aircraft on condition that it is made
available to the court if—
25
(a)
the arrested person is convicted; and
(b)
an order for its forfeiture is made under section 60A.
(5)
In this section, ‘court’ means—
(a)
in relation to England and Wales—
(i)
if the arrested person has not been charged, or he has
30
been charged but proceedings for the offence have
not begun to be heard, a magistrates’ court;
(ii)
if he has been charged and proceedings for the
offence are being heard, the court hearing the
proceedings;
35
(b)
in relation to Northern Ireland—
(i)
if the arrested person has not been charged, a
magistrates’ court for the county court division in
which he was arrested;
(ii)
if he has been charged but proceedings for the offence
40
have not begun to be heard, a magistrates’ court for
the county court division in which he was charged;
(iii)
if he has been charged and proceedings for the
offence are being heard, the court hearing the
proceedings.
45
(6)
In this section, ‘senior immigration officer’ means an immigration
officer (appointed or employed as such under the Immigration Act
1971) not below the rank of chief immigration officer.

Violent Crime Reduction Bill
Schedule 4 — Repeals
68

60C
Sections 60A and 60B: interpretation
(1)
In this section and sections 60A and 60B, unless the contrary
intention appears—
‘aircraft’ includes hovercraft;
‘captain’ means master (of a ship) or commander (of an
5
aircraft);
‘land vehicle’ means any vehicle other than a ship or aircraft;
‘ship’ includes every description of vessel used in navigation.
(2)
In sections 60A and 60B, a reference to being an owner of a vehicle,
ship or aircraft includes a reference to being any of a number of
10
persons who jointly own it.”
3
In section 142(2) (provisions extending to Northern Ireland), in paragraph
(a) for “to 60” substitute “to 60C”.
Schedule 4
Section 55

Repeals
15

Short title and chapter
Extent of repeal

Firearms Act 1968 (c. 27)
In section 3(1)(a), the word “or” at the end.

Section 23(4).

In section 40(2), the words from “to firearms” to

“therein”.

20

In section 51A(1)(a)(i), the word “or” at the end.

In Part 1 of Schedule 6, the entry for section

23(4).

In paragraph 7 of Part 2 of Schedule 6, the

words “or (4)”.

25

In paragraph 8 of Part 2 of Schedule 6, the

words “or (4)” in the second place they

appear.

Criminal Justice Act 1988 (c. 33)
Section 141(3).

Football Spectators Act 1989
In section 1—

30

(c. 37)
(a)
subsection (3);

(b)
in subsection (4), paragraph (b) and the

word “and” immediately preceding it;

(c)
subsections (5) and (8A).

Sections 2 to 7.

35

In section 10—

(a)
in subsection (8), paragraph (c) and the

word “or” immediately preceding it;

(b)
in subsection (12), paragraph (b).

In section 22A(1), the definition of “declaration

40

of relevance”.

In Schedule 1, in paragraph 1(a), “2(1), 5(7)”.

Violent Crime Reduction Bill
Schedule 4 — Repeals
69

Short title and chapter
Extent of repeal

Football Spectators Act 1989
In section 27—

(c. 37)—cont.
(a)
in subsection (4), the words “section 3

or”;

(b)
subsection (5).

5

Criminal Justice and Public
In the table in Part 3 of Schedule 8, the entry

Order Act 1994 (c. 33)
relating to offences under section 19 of the

Firearms Act 1968 (c. 27).

Data Protection Act 1998 (c. 29)
In Schedule 15, paragraph 9.

Crime and Disorder Act 1998
In section 18(1), the definition of “sex offender

10

(c. 37)
order”.

Football (Offences and
Section 2(3).

Disorder) Act 1999 (c. 21)

Access to Justice Act 1999 (c. 22)
In Schedule 13, in paragraph 158, the words

“7(7)(b) and”.

15

Football (Disorder) Act 2000
Section 5(2).

(c. 25)
In Schedule 2, paragraphs 12 and 13.

Football (Disorder)
The whole Act.

(Amendment) Act 2002 (c. 12)

Mobile Telephones (Re-
In section 1(1)(a), the word “or” at the end.

20

programming) Act 2002

(c. 31)

Anti-social Behaviour Act 2003
Section 37(3).

(c. 38)
In section 38, subsections (2), (4), (5)(a) to (c) and

(5)(e).

25

Courts Act 2003 (c. 39)
In Schedule 8, paragraph 331.

Criminal Justice Act 2003 (c. 44)
In Schedule 26, paragraph 41.