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Policing and Crime Bill


Policing and Crime Bill
Part 7 — Miscellaneous

96

 

76      

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.

 
 

Policing and Crime Bill
Part 7 — Miscellaneous

97

 

(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

 
 

Policing and Crime Bill
Part 7 — Miscellaneous

98

 

(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),

 
 

Policing and Crime Bill
Part 7 — Miscellaneous

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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),

 
 

Policing and Crime Bill
Part 7 — Miscellaneous

100

 

(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”.

 
 

 
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