Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 7 — Miscellaneous
96

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Prohibition on importation or exportation of false identity documents etc
(1)
The importation or exportation of any identity document to which this section
applies is prohibited.
(2)
This section applies to—
(a)
any false identity document,
5
(b)
any identity document issued or obtained in contravention of the law
of the country or territory under whose jurisdiction the document is
issued, and
(c)
any identity document intended to be used (whether by itself or
otherwise and with or without modifications)—
10
(i)
to establish for unlawful purposes a false identity or address, or
(ii)
to provide for such purposes evidence of a false identity or
address.
(3)
In this section—
“document” includes an article, or a combination of a document and an
15
article, which is a card within the meaning of the Identity Cards Act
2006 (c. 15),
“false”, in relation to an identity document, has the same meaning as it has
in section 9(1) of the Forgery and Counterfeiting Act 1981 (c. 45) in
relation to an instrument,
20
“identity document” means any document which may be used (whether
by itself or otherwise and with or without modifications) to establish,
or provide evidence of, a person’s identity or address.
77
Prohibition on importation of offensive weapons
(1)
After section 141ZA of the Criminal Justice Act 1988 (c. 33) insert—
25
“141ZB
Importation of offensive weapons: prohibition
(1)
The importation of an offensive weapon is prohibited.
(2)
In this section “offensive weapon” means a weapon of a description
specified in an order made by the Secretary of State for the purposes of
this subsection.
30
(3)
The Secretary of State may not specify any of the following under
subsection (2)—
(a)
a weapon subject to the Firearms Act 1968;
(b)
a crossbow.
(4)
The Secretary of State may by order—
35
(a)
provide for exceptions and exemptions from the prohibition on
importation of offensive weapons, and
(b)
provide for it to be a defence in proceedings for an offence
under section 50(2) or (3) of the Customs and Excise
Management Act 1979 to show the matters specified or
40
described in the order.
(5)
Orders under this section are to be made by statutory instrument.

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(6)
A statutory instrument containing an order under this section may not
be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.
(7)
In the application of this section to Northern Ireland the reference in
subsection (3) to the Firearms Act 1968 is to be construed as a reference
5
to the Firearms (Northern Ireland) Order 2004.
141ZC
Importation of offensive weapons: defences
(1)
This section applies if—
(a)
a person is charged with an offence under section 50(2) or (3) of
the Customs and Excise Management Act 1979, and
10
(b)
the alleged offence involves conduct relating to an offensive
weapon (within the meaning of section 141ZB).
(2)
It is a defence for the person to show that the conduct was for the
purposes only of functions carried out on behalf of—
(a)
the Crown, or
15
(b)
a visiting force.
(3)
It is a defence for the person to show that the conduct was for the
purposes only of making the weapon available to a museum or gallery
which does not distribute profits.
(4)
It is a defence for the person to show that the conduct was for the
20
purpose only of making the weapon available for one or more of the
purposes specified in subsection (5).
(5)
Those purposes are—
(a)
the purposes of theatrical performances and of rehearsals for
such performances;
25
(b)
the production of films (within the meaning of Part 1 of the
Copyright, Designs and Patents Act 1988 - see section 5B of that
Act);
(c)
the production of television programmes (within the meaning
of the Communications Act 2003 - see section 405(1) of that Act).
30
(6)
For the purposes of this section a person is to be taken to have shown a
matter specified in subsection (2), (3) or (4) if—
(a)
sufficient evidence of that matter is adduced to raise an issue
with respect to it, and
(b)
the contrary is not proved beyond a reasonable doubt.
35
(7)
Expressions used in this section and in section 141 have the same
meaning in this section as in that section.”
(2)
Subsection (3) applies where in any proceedings—
(a)
a person (“the defendant”) is charged in respect of the same conduct
with—
40
(i)
an offence under section 50(2) or (3) of the Customs and Excise
Management Act 1979 by virtue of the prohibition on
importation in section 141(4) of the Criminal Justice Act 1988 as
it had effect before its repeal by this Act (“the old offence”), and

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(ii)
an offence under section 50(2) or (3) of the 1979 Act by virtue of
the prohibition on importation in section 141ZB(1) of the 1988
Act (“the new offence”),
(b)
the only thing preventing the defendant from being found guilty of the
new offence is the fact that it has not been proved beyond a reasonable
5
doubt that the conduct took place after the commencement of this
section, and
(c)
the only thing preventing the defendant from being found guilty of the
old offence is the fact that it has not been proved beyond a reasonable
doubt that the conduct took place before the commencement of this
10
section.
(3)
For the purpose of determining the guilt of the defendant it is to be
conclusively presumed that the conduct took place after the commencement of
this section.
(4)
A reference in subsection (2) to an offence includes a reference to—
15
(a)
aiding, abetting, counselling or procuring the commission of the
offence,
(b)
conspiracy to commit the offence,
(c)
an attempt to commit the offence,
(d)
incitement to commit the offence, and
20
(e)
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or
assisting crime) in relation to the offence.
Football spectators
78
Prohibiting attendance at matches in Scotland and Northern Ireland etc
(1)
In the provisions of the Football Spectators Act 1989 (c. 37) listed in subsection
25
(2) for “England and Wales” (in each place) substitute “the United Kingdom”.
(2)
The provisions are—
(a)
in section 14 (definition of banning order and other terms), subsections
(2), (3), (4), (5) and (6),
(b)
in section 19 (functions of enforcing authority and local police),
30
subsections (2), (2A) and (2E)(a), and
(c)
in section 21A (summary measures: detention), subsection (1).
(3)
In section 19(2B)(b) of that Act omit “if the match is outside the United
Kingdom”.
79
Requirements to report at police stations
35
(1)
The police station specified under any of the provisions listed in subsection (2)
may be in England, Wales, Scotland or Northern Ireland.
(2)
The provisions are—
(a)
section 14E(2) of the Football Spectators Act 1989 (banning order to
include requirement to report initially at specified police station),
40
(b)
section 19(2B) of that Act (notice, in connection with regulated football
match outside United Kingdom, requiring person to report at specified
police station),

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(c)
section 53(2) of the Police, Public Order and Criminal Justice (Scotland)
Act 2006 (asp 10) (football banning order to include requirement to
report initially at specified police station),
(d)
section 61(4) of that Act (notice, in connection with regulated football
match outside United Kingdom, requiring person to report at specified
5
police station).
(3)
In section 14E(2) of the Football Spectators Act 1989 (c. 37) omit “in England
and Wales”.
(4)
In section 53(2)(a) of the Police, Public Order and Criminal Justice (Scotland)
Act 2006 omit “in Scotland”.
10
(5)
In section 66(1) of that Act for “Scotland” substitute “the United Kingdom”.
80
Enforcement of 1989 Act in Scotland and Northern Ireland
(1)
The following provisions of the Football Spectators Act 1989 extend to Scotland
and Northern Ireland—
(a)
section 14J(1) (offence of failing to comply with a requirement imposed
15
by a banning order or a requirement imposed under section 19(2B) or
(2C)),
(b)
section 19(6) (offence of failing, without reasonable excuse, to comply
with a requirement imposed under section 19(2)),
(c)
section 20(10) (offence of making a false statement, etc. in connection
20
with an application for exemption from requirements imposed by or
under Part 2).
(2)
But in Scotland it is a defence where a person is charged with an offence by
virtue of subsection (1)(a) to prove that the person had a reasonable excuse for
failing to comply with the requirement in question.
25
(3)
A person guilty of an offence by virtue of subsection (1)(a) is liable on summary
conviction to imprisonment for a term not exceeding 6 months or a fine not
exceeding level 5 on the standard scale (or both).
(4)
A person guilty of an offence by virtue of subsection (1)(b) is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
30
(5)
A person guilty of an offence by virtue of subsection (1)(c) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
81
Enforcement of 2006 Act in England and Wales and Northern Ireland
(1)
The following provisions of the Police, Public Order and Criminal Justice
(Scotland) Act 2006 extend to England and Wales and Northern Ireland—
35
(a)
section 68(1) and (2) (offences of failing to comply with a requirement
imposed by a football banning order, under section 61(1) or by a notice
under section 61(4), and defence of reasonable excuse),
(b)
section 68(5) (offence of making a false statement, etc. in connection
with an application for exemption from a notice under section 61(4)).
40
(2)
A person guilty of an offence under section 68(1)(a) or (c) of that Act by virtue
of subsection (1)(a) is liable on summary conviction—
(a)
in England and Wales, to imprisonment for a term not exceeding 51
weeks or a fine not exceeding level 5 on the standard scale (or both),

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(b)
in Northern Ireland, to imprisonment for a term not exceeding 6
months or a fine not exceeding level 5 on the standard scale (or both).

But in relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to
51 weeks is to be read as a reference to 6 months.
5
(3)
A person guilty of an offence under section 68(1)(b) of the Police, Public Order
and Criminal Justice (Scotland) Act 2006 (asp 10) by virtue of subsection (1)(a)
is liable on summary conviction to a fine not exceeding level 2 on the standard
scale.
(4)
A person guilty of an offence by virtue of subsection (1)(b) is liable on summary
10
conviction to a fine not exceeding level 3 on the standard scale.
(5)
Omit articles 1(5) and 5 of the Police, Public Order and Criminal Justice
(Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007
(S.I. 2007/1098).
82
Relevant offences for purposes of Part 2 of 1989 Act
15
In Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences) in paragraph
1(a)—
(a)
after “14J(1)” insert “, 19(6), 20(10)”, and
(b)
after “of this Act” insert “or section 68(1) or (5) of the Police, Public
Order and Criminal Justice (Scotland) Act 2006 by virtue of section 81
20
of the Policing and Crime Act 2009”.
Other
83
Strategies for crime reduction etc: probation authorities
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2)
In section 5 (authorities responsible for strategies) after subsection (1)(a)
25
insert—
“(aa)
every provider of probation services operating within the area
in pursuance of arrangements under section 3 of the Offender
Management Act 2007 which provide for it to be a responsible
authority under this section;”.
30
(3)
In that section, in subsection (1B)(b), after “substances” insert “or of reducing
re-offending”.
(4)
In section 6 (duty to formulate and implement strategy) at the end of
subsection (1)(b) insert “; and
(c)
a strategy for the reduction of re-offending in the area”.
35
(5)
In that section, in subsection (9)(c), after “disorder” insert “or re-offending”.
(6)
In section 17(1) (duty to consider crime and disorder implications etc) at the
end insert “; and
(c)
re-offending in its area”.