06235.10-15

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

10

Clause 42
57
Page 44, line 29, leave out “believing” and insert “suspecting”
58
Page 44, line 45, leave out from “another” to “also” in line 46 and insert “member

of staff who is”
59
Page 45, line 2, leave out from “of” to end of line 3 and insert “another member of

staff”
After Clause 42
60
Insert the following new Clause—

“Amendment of police power to search schools etc. for weapons

In section 139B of the Criminal Justice Act 1988 (c. 33) (power of entry to

search for knives etc. and offensive weapons), in subsection (1) for

“believing” substitute “suspecting”.”
Before Clause 43
61
Insert the following new Clause—

“Consequential amendments relating to minimum sentences

Schedule (Consequential amendments relating to minimum sentences) (which

makes provision consequential on the provisions of this Part relating to

minimum sentences) has effect.”
Clause 43
62
Page 46, line 9, leave out “Sections 30 and 31 bind” and insert “Section 30 binds”
63
Page 46, line 12, leave out paragraph (b) and insert—

“(b)
that section,”
64
Page 46, line 12, at end insert—

“( )
section 33(2)(f),”
65
Page 46, leave out lines 20 to 24 and insert “a primer to which section 30 of the

Violent Crime Reduction Act 2006 applies and to an empty cartridge case

incorporating such a primer.”
Clause 44
66
Page 46, line 27, after “30” insert “, (Increase of maximum sentences for offences of

having knives etc.)”
Clause 46
67
Page 47, line 8, after “section” insert—

“(a)
in paragraph (a)—

(i)
after “sell” insert “or otherwise dispose of”;

(ii)
omit “by the home club or”;

(b)
”

11
68
Page 47, line 15, at end insert—

“(c)
in paragraph (c), for “Part I of the Football Spectators Act 1989 or

which is a regulated football match for the purposes of Part II of that

Act” substitute “this section by order made by the Secretary of

State”.

(3A)
After subsection (2) of that section insert—

“(2A)
An order under subsection (2)(c) may designate descriptions of

football matches wherever played or when played at descriptions

of ground or in any area specified in the order.

(2B)
The power of the Secretary of State to make an order under

subsection (2)(c) shall be exercisable by statutory instrument which

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

(3B)
In subsection (7) of that section, in paragraph (b), omit “the home club or”.”
After Clause 50
69
Insert the following new Clause—

“Power of entry and search of relevant offender’s home address

(1)
Before section 97 of the Sexual Offences Act 2003 (c. 42) insert—

“Entry and search of home address

96B
Power of entry and search of relevant offender’s home address

(1)
If on an application made by a senior police officer of the relevant

force a justice of the peace is satisfied that the requirements in

subsection (2) are met in relation to any premises, he may issue a

warrant authorising a constable of that force—

(a)
to enter the premises for the purpose of assessing the risks

posed by the relevant offender to which the warrant relates;

and

(b)
to search the premises for that purpose.

(2)
The requirements are—

(a)
that the address of each set of premises specified in the

application is an address falling within subsection (3);

(b)
that the relevant offender is not one to whom subsection (4)

applies;

(c)
that it is necessary for a constable to enter and search the

premises for the purpose mentioned in subsection (1)(a);

and

(d)
that on at least two occasions a constable has sought entry to

the premises in order to search them for that purpose and

has been unable to obtain entry for that purpose.

(3)
An address falls within this subsection if—

(a)
it is the address which was last notified in accordance with

this Part by a relevant offender to the police as his home

address; or

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(b)
there are reasonable grounds to believe that a relevant

offender resides there or may regularly be found there.

(4)
This subsection applies to a relevant offender if he is—

(a)
remanded in or committed to custody by order of a court;

(b)
serving a sentence of imprisonment or a term of service

detention;

(c)
detained in a hospital; or

(d)
outside the United Kingdom.

(5)
A warrant issued under this section must specify the one or more

sets of premises to which it relates.

(6)
The warrant may authorise the constable executing it to use

reasonable force if necessary to enter and search the premises.

(7)
The warrant may authorise entry to and search of premises on more

than one occasion if, on the application, the justice of the peace is

satisfied that it is necessary to authorise multiple entries in order to

achieve the purpose mentioned in subsection (1)(a).

(8)
Where a warrant issued under this section authorises multiple

entries, the number of entries authorised may be unlimited or

limited to a maximum.

(9)
In this section a reference to the relevant offender to whom the

warrant relates is a reference to the relevant offender—

(a)
who has in accordance with this Part notified the police that

the premises specified in the warrant are his home address;

or

(b)
in respect of whom there are reasonable grounds to believe

that he resides there or may regularly be found there.

(10)
In this section—

‘the relevant force’ means the police force maintained for the

police area in which the premises in respect of which the

application is made or the warrant is issued are situated;

‘senior police officer’ means a constable of the rank of

superintendent or above.””

(2)
In section 136 of that Act (application of Part 2 to Northern Ireland), after

subsection (7) insert—

“(7A)
References to a justice of the peace are to be read as references to a

lay magistrate.””
Before Clause 51
70
Insert the following new Clause—

“Limitation period for anti-social behaviour orders

(1)
In section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social

behaviour orders), after subsection (5) insert—

“(5A)
Nothing in this section affects the operation of section 127 of the

Magistrates’ Courts Act 1980 (limitation of time in respect of

informations laid or complaints made in magistrates’ court).”

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(2)
In Article 3 of the Anti-Social Behaviour (Northern Ireland) Order 2004 (SI

2004/1988 (NI 12)) (anti-social behaviour orders), after paragraph (4)

insert—

“(4A)
Nothing in this Article affects the operation of Article 78 of the

Magistrates’ Courts (Northern Ireland) Order 1981 (limitation of

time in respect of complaints made in courts of summary

jurisdiction).””
After Clause 53
71
Insert the following new Clause—

“Removal of sports grounds etc. from private security industry regulation

In section 4 of the Private Security Industry Act 2001 (c. 12) (exemptions

from licensing requirement) after subsection (5) insert—

“(6)
A relevant employee who engages in licensable conduct shall not be

guilty of an offence under section 3 in respect of that conduct if it is

carried out in connection with the use of a certified sports ground

or certified sports stand for purposes for which its safety certificate

has effect.

(7)
An employee for a visiting team who engages in licensable conduct

shall not be guilty of an offence under section 3 in respect of that

conduct if—

(a)
it is carried out in connection with the use of a certified

sports ground or certified sports stand for purposes for

which its safety certificate has effect; and

(b)
that visiting team is involved in the activities for which the

ground is being used, or which the stand is being used to

view.

(8)
In subsection (7) a reference to a person being an employee for a

visiting team is a reference to his being a relevant employee in

relation to the visitors’ ground, or in relation to a certified sports

stand contained in the visitors’ premises.

(9)
In this section ‘a relevant employee’, in relation to a certified sports

ground or certified sports stand, means a person employed by—

(a)
the holder of its safety certificate;

(b)
a person who manages the ground or stand or occupies the

premises where it is or owns an interest in those premises;

(c)
a company which is in the same group as a company falling

within paragraph (b).

(10)
In this section a reference to the use of a certified sports ground for

purposes for which the safety certificate has effect is a reference

to—

(a)
the use of the ground for activities specified in a general

safety certificate in force in respect of the use of that ground;

or

(b)
the use of the ground, on an occasion specified in a special

safety certificate which is so in force, for activities specified

in that certificate.

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(11)
In this section a reference to the use of a certified sports stand for

purposes for which the safety certificate has effect is a reference

to—

(a)
the use of the stand for viewing activities specified in a

general safety certificate in force in respect of the use of that

stand; or

(b)
the use of the stand, on an occasion specified in a special

safety certificate which is so in force, for viewing activities

specified in that certificate.

(12)
In this section—

‘certified sports ground’ means a sports ground in respect of

which a safety certificate is in force;

‘certfied sports stand’ means a sports stand in respect of which

a safety certificate is in force;

‘company’, ‘holding company’ and ‘subsidiary’ have the

same meanings as in section 736 of the Companies Act 1985

(c. 6);

‘group’, in relation to a company, means a holding company

and all of its subsidiaries;

‘safety certificate’, ‘general safety certificate’ and ‘special

safety certificate’—

(a)
in relation to a sports ground, have the same

meanings as in the Safety of Sports Grounds Act

1975 (see sections 1(4) and 17(1) of that Act); and

(b)
in relation to a sports stand, have the same meanings

as in Part 3 of the Fire Safety and Safety of Places of

Sport Act 1987 (see section 26(2) and (11) of that Act);

‘sports ground’ has the same meaning as in that Act of 1975

(see section 17(1) of that Act);

‘sports stand’ means a stand within the meaning of Part 3 of

that Act of 1987 (see section 26(11) of that Act);

‘visiting team’, in relation to a certified sports ground (‘the

home ground’) or a certified sports stand contained in any

premises (‘the home premises’) means a team which uses as

its base, or as one of its bases, any premises which are

either—

(a)
a certified sports ground which is not the home

ground (‘the visitors’ ground’); or

(b)
premises which are not the home premises and

which contain a certified sports stand (‘the visitors’

premises’);

‘visitors’ ground’ and ‘visitors’ premises’, in relation to a

visiting team, have the meanings given by the previous

definition.””
Clause 56
72
Page 52, line 13, at end insert—

“( )
section (Mandatory premises licence condition: door supervision);”
73
Page 52, line 14, leave out “and”
74
Page 52, line 16, at end insert “; and

15

(d)
section (Removal of sports grounds etc. from private security industry

regulation),”
75
Page 52, line 21, after “40” insert “or 41”
76
Page 52, line 22, after “Wales” insert “or students at institutions in Wales that are

within the further education sector”
77
Page 52, leave out line 25 and insert “Section (Consequential amendments relating to

minimum sentences), Schedule (Consequential amendments relating to minimum

sentences), section 53 and this Part extend to the United Kingdom, except that—

( )
the amendments or repeals specified in Schedule (Consequential

amendments relating to minimum sentences) extend only so far as the

enactments amended or repealed;”
78
Page 52, line 34, after “1” insert “and section (Limitation period for anti-social

behaviour orders)(2)”
79
Page 52, line 35, leave out “50” and insert “(Power of entry and search of relevant

offender’s home address)”
Before Schedule 1
80
Insert the following new Schedule—

“Consequential amendments relating to minimum sentences

Magistrates’ Courts Act 1980 (c. 43)

1
In section 24(1B) of the Magistrates’ Courts Act 1980 (c. 43) (exceptions

to summary trial for indictable offences of persons aged under 18), omit

the “or” at the end of paragraph (a) and, at the end of paragraph (b),

insert “or

(c)
section 24(3) of Violent Crime Reduction Act 2006

(minimum sentences in certain cases of using someone to

mind a weapon) would apply if he were convicted of the

offence.”

Mental Health Act 1983 (c. 20)

2
In section 37(1A) of the Mental Health Act 1983 (c. 20) (provisions that

do not prevent a court from ordering hospital admission), omit the “or”

at the end of paragraph (b) and, at the end of paragraph (c), insert “or

(d)
under section 24(4) or (5) of the Violent Crime Reduction

Act 2006 (minimum sentences in certain cases of using

someone to mind a weapon),”.

Criminal Justice Act 1988 (c. 33)

3    (1)
The Criminal Justice Act 1988 (c. 33) is amended as follows.

      (2)
In section 36 (review of failure to impose mandatory sentence), in

subsection (2)(b) omit the “or” at the end of sub-paragraph (ii) and, at the

end of sub-paragraph (iii), insert “or

(iv)
under section 24(4) or (5) of the Violent Crime

Reduction Act 2006.”

      (3)
In subsection (9) of that section, after paragraph (a) insert—