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Policing and Crime Bill


Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

123

 

(5)   

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.

(6)   

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   

 Prohibition on importation of offensive weapons: exceptions

(1)   

The importation of a weapon is not prohibited by section 141ZB if one

of the following exceptions applies.

(2)   

Exception 1 is that the weapon is imported for the purposes only of

10

functions carried out on behalf of—

(a)   

the Crown, or

(b)   

a visiting force.

(3)   

Exception 2 is that the weapon is imported for the purposes only of

making it available to a museum or gallery which does not distribute

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profits.

(4)   

Exception 3 is that the weapon is imported for the purposes only of

making it available for one or more of the following—

(a)   

theatrical performances;

(b)   

rehearsals of theatrical performances;

20

(c)   

the production of films;

(d)   

the production of television programmes.

(5)   

In subsection (4)—

“films” has the meaning given by section 5B of the Copyright,

Designs and Patents Act 1988;

25

“television programmes” has the meaning given by section 405 of

the Communications Act 2003.

(6)   

The Secretary of State may by order provide for further exceptions from

the prohibition on importation of weapons under section 141ZB.

(7)   

Orders under this section are to be made by statutory instrument.

30

(8)   

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.

(9)   

Expressions used in this section and in section 141 have the same

meaning in this section as in that section.

35

141ZD   

 Prohibition on importation of offensive weapons: burdens of proof

(1)   

This section applies for the purposes of proceedings for an offence

under the Customs and Excise Management Act 1979 relating to a

weapon the importation of which is prohibited by section 141ZB above.

(2)   

An exception conferred by or under section 141ZC is to be taken not to

40

apply unless sufficient evidence is adduced to raise an issue with

respect to the exception.

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

124

 

(3)   

Where sufficient evidence is adduced to raise an issue with respect to

an exception, it is to be taken to apply unless the contrary is proved

beyond a reasonable doubt.”

(2)   

Subsection (3) applies where in any proceedings—

(a)   

a person (“the defendant”) is charged in respect of the same conduct

5

with—

(i)   

an offence under any provision 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

10

(ii)   

an offence under that provision 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

15

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

20

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—

25

(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

30

(e)   

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or

assisting crime) in relation to the offence.

Football spectators

103     

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

35

(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),

40

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”.

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

125

 

104     

Requirements to report at police stations

(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 (c. 37) (banning order

5

to include requirement to report initially at specified police station),

(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),

(c)   

section 53(2) of the Police, Public Order and Criminal Justice (Scotland)

10

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

police station).

15

(3)   

In section 14E(2) of the Football Spectators Act 1989 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”.

(5)   

In section 66(1) of that Act for “Scotland” substitute “the United Kingdom”.

20

105     

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

by a banning order or a requirement imposed under section 19(2B) or

25

(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

with an application for exemption from requirements imposed by or

30

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.

(3)   

A person guilty of an offence by virtue of subsection (1)(a) is liable on summary

35

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.

(5)   

A person guilty of an offence by virtue of subsection (1)(c) is liable on summary

40

conviction to a fine not exceeding level 3 on the standard scale.

106     

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—

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

126

 

(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)).

5

(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),

(b)   

in Northern Ireland, to imprisonment for a term not exceeding 6

10

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.

(3)   

A person guilty of an offence under section 68(1)(b) of the Police, Public Order

15

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

conviction to a fine not exceeding level 3 on the standard scale.

20

(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).

107     

Relevant offences for purposes of Part 2 of 1989 Act

In Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences) in paragraph

25

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 106

of the Policing and Crime Act 2009”.

30

Other

108     

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)

insert—

35

“(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;”.

(3)   

In that section, in subsection (1B)(b), after “substances” insert “or of reducing

40

re-offending”.

(4)   

In section 6 (duty to formulate and implement strategy) at the end of

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

127

 

subsection (1)(b) insert “; and

(c)   

a strategy for the reduction of re-offending in the area”.

(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

5

(c)   

re-offending in its area”.

109     

Application of aspects of UK law to SOCA employees working abroad

In paragraph 20 of Schedule 1 to the Serious Organised Crime and Police Act

2005 (c.15) (SOCA not a Crown body) —

(a)   

at the beginning insert “—(1) Subject to sub-paragraphs (2) to (4),”, and

10

(b)   

at the end insert—

    “(2)  

A member of SOCA’s staff who is acting, or purporting to act,

in the course of service as a member of SOCA’s staff is to be

treated, for the purposes of section 31(1) of the Criminal

Justice Act 1948 (jurisdiction in respect of certain indictable

15

offences committed in foreign countries), as a British subject

employed under Her Majesty’s Government in the United

Kingdom in the service of the Crown who is acting, or

purporting to act, in the course of the employment.

      (3)  

A member of SOCA’s staff, so far as performing outside the

20

United Kingdom in the course of employment with SOCA or

another person duties as a member of SOCA’s staff, is to be

treated as having overseas Crown employment for the

purposes of sections 26 to 28 of the Income Tax (Earnings and

Pensions) Act 2003 (liability to income tax on earnings for

25

employees who are resident but not ordinarily resident in the

UK or who are not resident in the UK).

      (4)  

A member of SOCA’s staff who is obliged to live outside the

United Kingdom in order to perform duties as a member of

SOCA’s staff is to be treated as being in employment under

30

the Crown for the purposes of section 299 of the Act of 2003

(no liability to income tax for Crown employees’ foreign

service allowances).”

110     

Partial exemption for SCDEA from Firearms Act 1968

In section 54(3) of the Firearms Act 1968 (c. 27) (police and other persons who

35

are exempt from certain provisions of the Act and to whom other provisions

apply with modifications), at the end of paragraph (c), insert “, or

(d)   

a member of the Scottish Crime and Drug Enforcement

Agency”.

 
 

Policing and Crime Bill
Part 9 — General

128

 

Part 9

General

111     

Minor and consequential amendments and repeals and revocations

(1)   

Schedule 7 (which contains minor and consequential amendments and repeals

and revocations of provisions which are superseded or no longer required or

5

which have not been brought into force) has effect.

(2)   

The provisions listed in Schedule 8 are repealed or revoked to the extent

specified.

(3)   

The Secretary of State may by order make such supplementary, incidental or

consequential provision as the Secretary of State considers appropriate for the

10

general purposes, or any particular purpose, of this Act or in consequence of

any provision made by or under this Act or for giving full effect to this Act or

any such provision.

(4)   

The power conferred by subsection (3)—

(a)   

is exercisable by statutory instrument, and

15

(b)   

includes power to make transitional, transitory or saving provision.

(5)   

The power conferred by this section may, in particular, be exercised by

amending, repealing, revoking or otherwise modifying any provision made by

or under an enactment (including this Act and any Act passed in the same

Session as this Act).

20

(6)   

An 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)   

Subsection (6) does not apply to an instrument containing an order under this

section if the order does not amend or repeal a provision of a public general

25

Act.

(8)   

An instrument containing an order under this section to which subsection (6)

does not apply is subject to annulment in pursuance of a resolution of either

House of Parliament.

(9)   

For the purposes of subsection (7), an amendment or repeal is not an

30

amendment or repeal of a provision of a public general Act if it is an

amendment or repeal of a provision which has been inserted (whether by

substitution or otherwise) into such an Act by a local Act or by any other Act

which is not a public general Act.

112     

Transitional, transitory and saving provision

35

The Secretary of State may by order made by statutory instrument make such

transitional, transitory or saving provision as the Secretary of State considers

appropriate in connection with the coming into force of any provision of this

Act.

113     

Financial provisions

40

The following are to be paid out of money provided by Parliament—

 
 

Policing and Crime Bill
Part 9 — General

129

 

(a)   

any expenditure incurred by virtue of this Act by a Minister of the

Crown or government department, and

(b)   

any increase attributable to this Act in the sums payable by virtue of

any other Act out of money so provided.

114     

Extent

5

(1)   

An amendment, repeal or revocation made by this Act has the same extent as

the provision amended, repealed or revoked subject to—

(a)   

subsections (2) to (6), and

(b)   

any express limitation contained in Schedule 7 or 8.

(2)   

The following provisions extend to England and Wales and Northern Ireland

10

only—

(a)   

section 20 and Schedule 2,

(b)   

sections 21 to 24,

(c)   

section 29,

(d)   

section 94,

15

(e)   

section 106.

(3)   

The following provisions extend to England and Wales only—

(a)   

section 9(2),

(b)   

section 25 and Schedule 3,

(c)   

Part 4,

20

(d)   

sections 90, 91 and 92,

(e)   

section 104(1) and (2) (so far as relating to the Football Spectators Act

1989 (c. 37)).

(4)   

Section 102 extends to England and Wales, Scotland and Northern Ireland.

(5)   

Section 104(1) and (2) (so far as relating to the Police, Public Order and

25

Criminal Justice (Scotland) Act 2006 (asp 10)) extends to Scotland only.

(6)   

Subsections (1) and (3) to (5) of section 105 extend to Scotland and Northern

Ireland and subsection (2) of that section extends to Scotland only.

115     

Commencement

(1)   

Subject as follows, this Act comes into force on such day as the Secretary of

30

State may by order appoint.

(2)   

Before making an order under subsection (1) relating to section 104 or 105, the

Secretary of State must obtain the consent of the Scottish Ministers.

(3)   

The following provisions come into force on such day as the Treasury may by

order appoint—

35

(a)   

section 98,

(b)   

section 99, and

(c)   

section 101.

(4)   

Section 25, Schedule 3 and paragraph 23 of Schedule 7 come into force—

(a)   

in relation to England, on such day as the Secretary of State may by

40

order appoint, and

 
 

 
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