06235.16-19

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

16

“(aa)
the reference to section 51A(2) of the Firearms Act 1968

shall be construed as a reference to Article 70(2) of the

Firearms (Northern Ireland) Order 2004;

(ab)
the reference to section 24(4) or (5) of the Violent Crime

Reduction Act 2006 shall be construed as a reference to

paragraph 2(4) or (5) of Schedule 1 to that Act; and”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

4    (1)
The Criminal Procedure (Scotland) Act 1995 is amended as follows.

      (2)
In section 49(3) (reference or remit to children’s hearing), in the

exception, for the words from “the circumstances” to “1968” substitute

“section 51A of the Firearms Act 1968 or section 24 of the Violent Crime

Reduction Act 2006 applies”.

      (3)
In section 207 (detention of young offenders)—

(a)
after subsection (3) insert—

“(3A)
Subsections (2) and (3) above are subject to—

(a)
section 51A(2) of the Firearms Act 1968 (minimum

sentences for certain firearms offences); and

(b)
section 24(7) of the Violent Crime Reduction Act

2006 (minimum sentence of detention for certain

offences relating to dangerous weapons).”;

(b)
after subsection (4A) insert—

“(4B)
Subsections (4) and (4A) above apply to the forming of an

opinion under the enactments mentioned in subsection

(3A) above as they apply to the forming of an opinion

under subsection (3) above.”

      (4)
In section 208 (detention of children convicted on indictment), for

subsection (2) substitute—

“(2)
Subsection (1) above is subject to—

(a)
section 51A(2) of the Firearms Act 1968 (minimum

sentences for certain firearms offences); and

(b)
section 24(8) of the Violent Crime Reduction Act 2006

(minimum sentence of detention for certain offences

relating to dangerous weapons).”

Crime and Disorder Act 1998 (c. 37)

5
In section 51A(12) of the Crime and Disorder Act 1998 (c. 37) (cases in

which persons aged under 18 must be sent for trial to the Crown Court),

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.”

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

6
In each of —

17

(a)
section 12(1) of the Powers of Criminal Courts (Sentencing) Act

2000 (c. 6) (power to discharge defendant except in specified

cases),

(b)
section 130(2) of that Act (cases in which compensation orders

may be made only in addition to, and not instead of, dealing with

a convicted person in other ways), and

(c)
section 146(2) of that Act (cases in which a driving

disqualification may be imposed only in addition to, and not

instead of, dealing with a convicted person in other ways),


for “or section 225, 226, 227 or 228 of the Criminal Justice Act 2003”

substitute “, section 225, 226, 227 or 228 of the Criminal Justice Act 2003

or section 24(4) or (5) of the Violent Crime Reduction Act 2006”.

7    (1)
In section 91 of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6) (detention of persons under 18), in subsection (1A)(b) after “Act

and” insert “for the purposes of subsection (3) of that section”.

      (2)
After subsection (1A) of that section insert—

“(1B)
Subsection (3) below also applies where—

(a)
a person aged under 18 is convicted on indictment of an

offence under the Firearms Act 1968 that is listed in

section 51A(1A)(b), (e) or (f) of that Act and was

committed in respect of a firearm or ammunition

specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af)

or (c) or section 5(1A)(a) of that Act;

(b)
the offence was committed after the commencement of

section 25 of the Violent Crime Reduction Act 2006 and

for the purposes of section 51A(3) of the Firearms Act

1968 at a time when he was aged 16 or over; and

(c)
the court is of the opinion mentioned in section 51A(2) of

the Firearms Act 1968.

(1C)
Subsection (3) below also applies where—

(a)
a person aged under 18 is convicted of an offence under

section 23 of the Violent Crime Reduction Act 2006 (using

someone to mind a weapon);

(b)
section 24(3) of that Act applies (minimum sentences in

certain cases); and

(c)
the court is of the opinion mentioned in section 24(5) of

that Act (exceptional circumstances which justify not

imposing the minimum sentence).”

      (3)
In subsection (5) of that section (power to impose detention where

minimum sentence provisions apply), for the words from “subsection

(2)” to “that term” substitute—

“(a)
subsection (2) of section 51A of the Firearms Act 1968, or

(b)
subsection (5) of section 24 of the Violent Crime

Reduction Act 2006,


requires the imposition of a sentence of detention under this

section for a term of at least the term provided for in that section,

the court shall sentence the offender to be detained for such

period, of at least the term so provided for”.

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8
In section 164(3) of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6) (interpretation of references to certain sentences), 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,”.

Criminal Justice Act 2003 (c. 44)

9    (1)
The Criminal Justice Act 2003 (c. 44) is amended as follows.

      (2)
In section 142(2)(c) (cases in which courts not required to have regard to

purposes of sentencing), after “custodial sentences)” insert “, 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)”.

      (3)
In section 150 (cases in which a community order or youth community

order may not be imposed), omit the “or” at the end of paragraph (c) and

after that paragraph insert—

“(ca)
falls to be imposed under section 24(4) or (5) of the

Violent Crime Reduction Act 2006 (required custodial

sentence in certain cases of using someone to mind a

weapon), or”.

      (4)
In section 152(1) (cases in which restrictions on imposing custodial

sentences do not apply), for “110(2) or 111(2) of the Sentencing Act”

substitute “section 110(2) or 111(2) of the Sentencing Act, under section

24(4) or (5) of the Violent Crime Reduction Act 2006”.

      (5)
In section 153(2) (which specifies provisions to which the rule about the

length of a custodial sentence is subject), after “Sentencing Act” insert

“, section 24(4) or (5) of the Violent Crime Reduction Act 2006”.

      (6)
In section 174(3)(b) (cases in which there is no obligation to state the

reasons for a custodial sentence), for “or under subsection (2) of section

110 or 111 of the Sentencing Act” substitute “, under subsection (2) of

section 110 or 111 of the Sentencing Act or under section 24(4) or (5) of

the Violent Crime Reduction Act 2006”.

      (7)
In section 291(1), after paragraph (a) (power to confine the application of

section 51A of the Firearms Act 1968 to persons aged 18 or over) insert—

“(aa)
amend section 24(3)(a) of the Violent Crime Reduction

Act 2006 by substituting for the word ‘16’ the word ‘18’,”.

      (8)
In section 305(4) (interpretation of references to certain sentences), after

paragraph (b) insert—

“(ba)
a sentence falls to be imposed under section 24(4) or (5) of

the Violent Crime Reduction Act 2006 if it is required by

that provision and the court is not of the opinion there

mentioned,”.”
Schedule 1
81
Page 53, line 22, after “which” insert “section 141 of the Criminal Justice Act 1988

(c. 33) or”
82
Page 53, line 23, after “applies (” insert “specified offensive weapons,”
83
Page 53, line 32, after “which” insert “section 141 of the Criminal Justice Act 1988

19

(c. 33) (specified offensive weapons) or”
84
Page 54, line 26, leave out “this paragraph” and insert “paragraph 1”
85
Page 55, line 2, at end insert—

  “(11)
The Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) is amended

as follows—

(a)
in Article 2(9), after “2004” insert “or paragraph 2(4) or (5) of

Schedule 1 to the Violent Crime Reduction Act 2006”;

(b)
in each of —

(i)
Article 4(1) (power to discharge defendant except in

specified circumstances),

(ii)
Article 10(1) (power to impose probation order except in

specified cases),

(iii)
Article 13(1) (power to impose community service order

except in specified cases),

(iv)
Article 15(1) (power to impose combination order except

in specified circumstances),

(v)
Article 19(1) (restrictions on custodial sentences except in

specified circumstances),

(vi)
Article 20(1) (length of custodial sentence), and

(vii)
Article 24(1) (power to impose custody probation order

except in specified circumstances),


after “Article 70(2) of the Firearms (Northern Ireland) Order

2004” insert “or paragraph 2(4) or (5) of Schedule 1 to the Violent

Crime Reduction Act 2006”.”
86
Page 55, line 20, leave out “62” and insert “62(1)”
87
Page 55, line 28, leave out paragraph 4
88
Page 57, line 32, at end insert—

  “(6A)
A realistic imitation firearm brought into Northern Ireland shall be liable

to forfeiture under the customs and excise Acts.

    (6B)
In sub-paragraph (6A) “the customs and excise Acts” has the meaning

given by section 1 of the Customs and Excise Management Act 1979

(c. 2).”
89
Page 57, line 43, leave out “that does not distribute any profits it makes”
90
Page 58, line 8, at end insert—

“(f)
the purposes of functions that a person has in his capacity as a

person in the service of the Crown.”
91
Page 58, line 8, at end insert—

  “(2A)
It shall also be a defence for a person charged with an offence under

paragraph 5 in respect of conduct falling within sub-paragraph (1)(d) of

that paragraph to show that the conduct—

(a)
was in the course of carrying on any trade or business; and

(b)
was for the purpose of making the imitation firearm in question

available to be modified in a way which would result in its

ceasing to be a realistic imitation firearm.”
92
Page 58, line 10, after “(1)” insert “or (2A)”