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 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;
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(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).
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(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.
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(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”.
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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