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76 | Prohibition on importation or exportation of false identity documents etc |
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(1) | The importation or exportation of any identity document to which this section |
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(2) | This section applies to— |
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(a) | any false identity document, |
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(b) | any identity document issued or obtained in contravention of the law |
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of the country or territory under whose jurisdiction the document is |
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(c) | any identity document intended to be used (whether by itself or |
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otherwise and with or without modifications)— |
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(i) | to establish for unlawful purposes a false identity or address, or |
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(ii) | to provide for such purposes evidence of a false identity or |
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“document” includes an article, or a combination of a document and an |
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article, which is a card within the meaning of the Identity Cards Act |
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“false”, in relation to an identity document, has the same meaning as it has |
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in section 9(1) of the Forgery and Counterfeiting Act 1981 (c. 45) in |
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relation to an instrument, |
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“identity document” means any document which may be used (whether |
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by itself or otherwise and with or without modifications) to establish, |
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or provide evidence of, a person’s identity or address. |
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77 | Prohibition on importation of offensive weapons |
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(1) | After section 141ZA of the Criminal Justice Act 1988 (c. 33) insert— |
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“141ZB | Importation of offensive weapons: prohibition |
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(1) | The importation of an offensive weapon is prohibited. |
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(2) | In this section “offensive weapon” means a weapon of a description |
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specified in an order made by the Secretary of State for the purposes of |
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(3) | The Secretary of State may not specify any of the following under |
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(a) | a weapon subject to the Firearms Act 1968; |
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(4) | The Secretary of State may by order— |
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(a) | provide for exceptions and exemptions from the prohibition on |
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importation of offensive weapons, and |
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(b) | provide for it to be a defence in proceedings for an offence |
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under section 50(2) or (3) of the Customs and Excise |
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Management Act 1979 to show the matters specified or |
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(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 |
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be made unless a draft of the instrument has been laid before and |
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approved by a resolution of each House of Parliament. |
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(7) | In the application of this section to Northern Ireland the reference in |
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subsection (3) to the Firearms Act 1968 is to be construed as a reference |
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to the Firearms (Northern Ireland) Order 2004. |
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141ZC | Importation of offensive weapons: defences |
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(1) | This section applies if— |
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(a) | a person is charged with an offence under section 50(2) or (3) of |
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the Customs and Excise Management Act 1979, and |
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(b) | the alleged offence involves conduct relating to an offensive |
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weapon (within the meaning of section 141ZB). |
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(2) | It is a defence for the person to show that the conduct was for the |
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purposes only of functions carried out on behalf of— |
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(3) | It is a defence for the person to show that the conduct was for the |
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purposes only of making the weapon available to a museum or gallery |
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which does not distribute profits. |
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(4) | It is a defence for the person to show that the conduct was for the |
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purpose only of making the weapon available for one or more of the |
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purposes specified in subsection (5). |
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(a) | the purposes of theatrical performances and of rehearsals for |
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(b) | the production of films (within the meaning of Part 1 of the |
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Copyright, Designs and Patents Act 1988 - see section 5B of that |
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(c) | the production of television programmes (within the meaning |
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of the Communications Act 2003 - see section 405(1) of that Act). |
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(6) | For the purposes of this section a person is to be taken to have shown a |
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matter specified in subsection (2), (3) or (4) if— |
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(a) | sufficient evidence of that matter is adduced to raise an issue |
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(b) | the contrary is not proved beyond a reasonable doubt. |
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(7) | Expressions used in this section and in section 141 have the same |
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meaning in this section as in that section.” |
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(2) | Subsection (3) applies where in any proceedings— |
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(a) | a person (“the defendant”) is charged in respect of the same conduct |
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(i) | an offence under section 50(2) or (3) of the Customs and Excise |
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Management Act 1979 by virtue of the prohibition on |
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importation in section 141(4) of the Criminal Justice Act 1988 as |
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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 |
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the prohibition on importation in section 141ZB(1) of the 1988 |
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(b) | the only thing preventing the defendant from being found guilty of the |
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new offence is the fact that it has not been proved beyond a reasonable |
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doubt that the conduct took place after the commencement of this |
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(c) | the only thing preventing the defendant from being found guilty of the |
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old offence is the fact that it has not been proved beyond a reasonable |
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doubt that the conduct took place before the commencement of this |
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(3) | For the purpose of determining the guilt of the defendant it is to be |
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conclusively presumed that the conduct took place after the commencement of |
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(4) | A reference in subsection (2) to an offence includes a reference to— |
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(a) | aiding, abetting, counselling or procuring the commission of the |
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(b) | conspiracy to commit the offence, |
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(c) | an attempt to commit the offence, |
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(d) | incitement to commit the offence, and |
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(e) | an offence under Part 2 of the Serious Crime Act 2007 (encouraging or |
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assisting crime) in relation to the offence. |
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78 | Prohibiting attendance at matches in Scotland and Northern Ireland etc |
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(1) | In the provisions of the Football Spectators Act 1989 (c. 37) listed in subsection |
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(2) for “England and Wales” (in each place) substitute “the United Kingdom”. |
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(a) | in section 14 (definition of banning order and other terms), subsections |
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(2), (3), (4), (5) and (6), |
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(b) | in section 19 (functions of enforcing authority and local police), |
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subsections (2), (2A) and (2E)(a), and |
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(c) | in section 21A (summary measures: detention), subsection (1). |
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(3) | In section 19(2B)(b) of that Act omit “if the match is outside the United |
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79 | Requirements to report at police stations |
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(1) | The police station specified under any of the provisions listed in subsection (2) |
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may be in England, Wales, Scotland or Northern Ireland. |
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(a) | section 14E(2) of the Football Spectators Act 1989 (banning order to |
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include requirement to report initially at specified police station), |
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(b) | section 19(2B) of that Act (notice, in connection with regulated football |
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match outside United Kingdom, requiring person to report at specified |
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|
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(c) | section 53(2) of the Police, Public Order and Criminal Justice (Scotland) |
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Act 2006 (asp 10) (football banning order to include requirement to |
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report initially at specified police station), |
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(d) | section 61(4) of that Act (notice, in connection with regulated football |
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match outside United Kingdom, requiring person to report at specified |
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(3) | In section 14E(2) of the Football Spectators Act 1989 (c. 37) omit “in England |
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(4) | In section 53(2)(a) of the Police, Public Order and Criminal Justice (Scotland) |
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Act 2006 omit “in Scotland”. |
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(5) | In section 66(1) of that Act for “Scotland” substitute “the United Kingdom”. |
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80 | Enforcement of 1989 Act in Scotland and Northern Ireland |
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(1) | The following provisions of the Football Spectators Act 1989 extend to Scotland |
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(a) | section 14J(1) (offence of failing to comply with a requirement imposed |
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by a banning order or a requirement imposed under section 19(2B) or |
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(b) | section 19(6) (offence of failing, without reasonable excuse, to comply |
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with a requirement imposed under section 19(2)), |
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(c) | section 20(10) (offence of making a false statement, etc. in connection |
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with an application for exemption from requirements imposed by or |
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(2) | But in Scotland it is a defence where a person is charged with an offence by |
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virtue of subsection (1)(a) to prove that the person had a reasonable excuse for |
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failing to comply with the requirement in question. |
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(3) | A person guilty of an offence by virtue of subsection (1)(a) is liable on summary |
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conviction to imprisonment for a term not exceeding 6 months or a fine not |
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exceeding level 5 on the standard scale (or both). |
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(4) | A person guilty of an offence by virtue of subsection (1)(b) is liable on summary |
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conviction to a fine not exceeding level 2 on the standard scale. |
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(5) | A person guilty of an offence by virtue of subsection (1)(c) is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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81 | Enforcement of 2006 Act in England and Wales and Northern Ireland |
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(1) | The following provisions of the Police, Public Order and Criminal Justice |
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(Scotland) Act 2006 extend to England and Wales and Northern Ireland— |
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(a) | section 68(1) and (2) (offences of failing to comply with a requirement |
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imposed by a football banning order, under section 61(1) or by a notice |
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under section 61(4), and defence of reasonable excuse), |
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(b) | section 68(5) (offence of making a false statement, etc. in connection |
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with an application for exemption from a notice under section 61(4)). |
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(2) | A person guilty of an offence under section 68(1)(a) or (c) of that Act by virtue |
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of subsection (1)(a) is liable on summary conviction— |
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(a) | in England and Wales, to imprisonment for a term not exceeding 51 |
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weeks or a fine not exceeding level 5 on the standard scale (or both), |
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|
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|
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(b) | in Northern Ireland, to imprisonment for a term not exceeding 6 |
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months or a fine not exceeding level 5 on the standard scale (or both). |
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| But in relation to an offence committed before the commencement of section |
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281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to |
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51 weeks is to be read as a reference to 6 months. |
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(3) | A person guilty of an offence under section 68(1)(b) of the Police, Public Order |
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and Criminal Justice (Scotland) Act 2006 (asp 10) by virtue of subsection (1)(a) |
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is liable on summary conviction to a fine not exceeding level 2 on the standard |
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(4) | A person guilty of an offence by virtue of subsection (1)(b) is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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(5) | Omit articles 1(5) and 5 of the Police, Public Order and Criminal Justice |
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(Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 |
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82 | Relevant offences for purposes of Part 2 of 1989 Act |
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In Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences) in paragraph |
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(a) | after “14J(1)” insert “, 19(6), 20(10)”, and |
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(b) | after “of this Act” insert “or section 68(1) or (5) of the Police, Public |
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Order and Criminal Justice (Scotland) Act 2006 by virtue of section 81 |
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of the Policing and Crime Act 2009”. |
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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) |
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“(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;”. |
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(3) | In that section, in subsection (1B)(b), after “substances” insert “or of reducing |
| |
| |
(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”. |
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(5) | In that section, in subsection (9)(c), after “disorder” insert “or re-offending”. |
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(6) | In section 17(1) (duty to consider crime and disorder implications etc) at the |
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(c) | re-offending in its area”. |
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