Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Alcohol-related violence and disorder
Introductory
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Orders made on application
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Orders made on conviction
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Supplemental provisions about drinking banning orders
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Licence reviews
After section 53 of the Licensing Act 2003 (c. 17), insert—
In section 10(4) of the Licensing Act 2003 (c. 17) (matters not capable of delegation to officers of a relevant licensing authority)—
in paragraph (a), after sub-paragraph (vi) insert—;
after paragraph (b), insert—.
In Schedule 5 to that Act (appeals), after paragraph 8 insert—
Persistently selling alcohol to children
After section 147 of the Licensing Act 2003 (c. 17) insert—
In section 186(2) of that Act (persons who may institute prosecutions under that Act)—
in paragraph (a) (licensing authority), at the beginning insert “ except in the case of an offence under section 147A, ”; and
in paragraph (c) (local weights and measures authority), for “or 147” substitute “ , 147 or 147A ”.
In section 197 of that Act (regulations and orders)—
in subsection (3), after paragraph (c) insert—;
in subsection (4), after “(c),” insert “ (ca), ”;
after subsection (4) insert—
A sale of alcohol is not to count for the purposes of the offence under section 147A of the Licensing Act 2003 (c. 17) if it took place before the commencement of this section.
After section 169 of the Licensing Act 2003 insert—
In subsection (1) of section 170 of that Act (exemptions from liability)—
for “A constable is not” substitute “ Neither a constable nor a trading standards officer is ”; and
at the end insert “ or of his functions in relation to a closure notice ”.
For subsection (2) of that section substitute—
After subsection (4) of that section insert—
In section 171(5) of that Act (expressions defined for the purposes of Part 8),
after the definition of “appropriate person” insert—
after the definition of “extension” insert—
after the definition of “senior police officer” insert—.
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Door supervision at licensed premises
Section 21 of the Licensing Act 2003 (c. 17) (mandatory condition: door supervision) is amended as follows.
In subsection (1) for “be licensed by the Security Industry Authority” substitute
In subsection (3) in paragraph (a), at the end insert “ and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act) ”.
Alcohol related disorder in public places
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Weapons etc.
Dangerous weapons
A person is guilty of an offence if—
he uses another to look after, hide or transport a dangerous weapon for him; and
he does so under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapon's being available to him for an unlawful purpose.
For the purposes of this section the cases in which a dangerous weapon is to be regarded as available to a person for an unlawful purpose include any case where—
the weapon is available for him to take possession of it at a time and place; and
his possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence.
In this section “dangerous weapon” means—
a firearm other than an air weapon or a component part of, or accessory to, an air weapon; or
a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (c. 33) applies (specified offensive weapons, knives and bladed weapons).
In its application to Scotland, this section has effect with the omission of subsection “ (3)(b) ”, and of the word “ or ” immediately preceding it.
This section applies where a person (“the offender”) is guilty of an offence under section 28.
Where the dangerous weapon in respect of which the offence was committed is a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (specified offensive weapons, knives and bladed weapons) applies, the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.
Where—the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.
at the time of the offence, the offender was aged 16 or over, and
the dangerous weapon in respect of which the offence was committed was a firearm mentioned in section 5(1)(a) to (af) or (c) or section 5(1A)(a) of the 1968 Act (firearms possession of which attracts a minimum sentence),
For the minimum sentence which applies where a person is convicted in England and Wales of an offence under section 28, see section 311 of the Sentencing Code.
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On a conviction in Scotland, where—the court must impose (with or without a fine) a sentence of imprisonment of not less than 5 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
subsection (3) applies, and
the offender is aged 21 or over at the time of conviction,
On a conviction in Scotland, where—the court must impose (with or without a fine) a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995 (c. 46) of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
subsection (3) applies, and
the offender is aged under 21 at the time of conviction and is not a person in whose case subsection (9) applies,
On a conviction in Scotland, where—the court must impose (with or without a fine) a sentence of detention under section 208 of the Criminal Procedure (Scotland) Act 1995 of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
subsection (3) applies, and
the offender is, at the time of conviction, both aged under 18 and subject to a supervision requirement,
In any case not mentioned in subsection (2) or (3), the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
Where—the court must treat the fact that that person was under the age of 18 at that time as an aggravating factor (that is to say, a factor increasing the seriousness of the offence).
a court in Scotland is considering for the purposes of sentencing the seriousness of an offence under section 28, and
at the time of the offence the offender was aged 18 or over and the person used to look after, hide or transport the weapon was not,
Where a court treats a person's age as an aggravating factor in accordance with subsection (11), it must state in open court that the offence was aggravated as mentioned in that subsection.
For the requirement for a court in England and Wales considering for the purposes of sentencing the seriousness of an offence under section 28 to treat certain matters as aggravating factors, see section 70 of the Sentencing Code.
Where—the question whether subsection (3) applies or (as the case may be) the question whether the offence was aggravated under this section is to be determined as if the offence had been committed on that day.
an offence under section 28 of using another person for a particular purpose is found to have involved that other person's having possession of a weapon, or being able to make it available, over a period of two or more days, or at some time during a period of two or more days, and
on any day in that period, an age requirement was satisfied,
In subsection (13) the reference to an age requirement is a reference to either of the following—
the requirement of subsection (3) that the offender was aged 16 or over at the time of the offence;
the requirement of subsection (11) that the offender was aged 18 or over at that time and that the other person was not.
In its application to Scotland, this section has effect with the omission of subsection (2), and of the reference to it in subsection (10).
Minimum sentences for firearms offences
The 1968 Act is amended as follows.
In section 51A (which imposes minimum sentence requirements for certain offences involving the possession of various firearms), in subsection (1)—
in paragraph (a)(ii), for “and” substitute“ or ”;
after paragraph (a)(ii) insert—.
After that subsection insert—
In Schedule 6 (prosecution and punishment of offences) in column 3, in paragraph (a) of the entries relating to sections 19 and 20(1), after “Summary”, in each place, insert “ except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (af) or section 5(1A)(a) of this Act. ”
This section applies only to offences committed after the commencement of this section.
Air weapons
In subsection (1) of section 3 of the 1968 Act (offence for a person other than a registered firearms dealer to sell etc. a firearm or ammunition by way of trade or business), at the end of paragraph (b) insert.
In section 40(2) of that Act (which excludes air weapons from the requirements to keep a register of transactions), omit the words from “ to firearms ” to “ therein ”.
In section 57(4) of that Act (interpretation), in the definition of “firearms dealer”, for the words from “manufactures” onwards substitute—
This section applies where a person sells an air weapon by way of trade or business to an individual in Great Britain who is not registered as a firearms dealer.
A person is guilty of an offence if, for the purposes of the sale, he transfers possession of the air weapon to the buyer otherwise than at a time when both—are present in person.
the buyer, and
either the seller or a representative of his,
The reference in subsection (2) to a representative of the seller is a reference to—
a person who is employed by the seller in his business as a registered firearms dealer;
a registered firearms dealer who has been authorised by the seller to act on his behalf in relation to the sale; or
a person who is employed by a person falling within paragraph (b) in his business as a registered firearms dealer.
A person guilty of an offence under this section shall be liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale, or to both; and
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) of this section to 51 weeks is to be read as a reference to 6 months.
The 1968 Act is amended as follows.
For section 22(1) (acquisition and possession of firearms by minors) substitute—
In subsection (4) of that section, for “seventeen” substitute “ eighteen ”.
For section 24(1) (supplying firearms to minors) substitute—
In subsection (4) of that section in paragraphs (a) and (b), for “seventeen” substitute “ eighteen ”.
In the table in Part 1 of Schedule 6 (punishment)—
in the entry for section 22(1), in the second column, at the end insert “ or person under 18 acquiring air weapon ”;
in the entry for section 22(4), in the second column, for “17” substitute “ 18 ”;
in the entry for section 24(1), in the second column, at the end insert “ or an air weapon to a person under 18 ”;
in the entry for section 24(4), in the second column, for “17” substitute “ 18 ”.
The 1968 Act is amended as follows.
After section 21 (possession of firearms by persons previously convicted of crime) insert—
In section 23 (exceptions from section 22(4))—
in subsection (1), for paragraphs (a) and (b) substitute “ for the person under whose supervision he is to allow him to use it for firing any missile beyond those premises. ”;
after that subsection insert—;
omit subsection (4).
In the table in Part 1 of Schedule 6 (punishment), after the entry for section 21(5) insert—
In that table, in the entry for section 23(1), for the words in the second column substitute “ Person supervising a person under 18 and allowing him to make improper use of air weapon ”.
In Part 2 of that Schedule (supplementary)—
in paragraph 7, after “under section” insert “ 21A, ”;
in paragraph 8, after “under section” insert “ 21A, ”.
Ammunition
This section applies to a cap-type primer designed for use in metallic ammunition for a firearm.
It is an offence for a person to sell to another either—unless that other person falls within subsection (3).
a primer to which this section applies,
an empty cartridge case incorporating such a primer,
A person falls within this subsection if—
he is a registered firearms dealer;
he sells by way of any trade or business either primers or empty cartridge cases incorporating primers, or both;
he produces a certificate authorising him to possess a firearm of a relevant kind;
he produces a certificate authorising him to possess ammunition of a relevant kind;
he shows that he is a person in the service of Her Majesty who is entitled under subsection (6) to acquire a primer to which this section applies;
he shows that he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act 1988 (c. 45) or any other enactment and otherwise than by virtue of being a person in the service of Her Majesty, to have possession, without a certificate, of a firearm of a relevant kind or of ammunition of a relevant kind;
he produces a certificate authorising another person to have possession of such a firearm, or of such ammunition, together with that other person's authority to purchase the primer or empty cartridge case on his behalf; or
he shows that he is authorised by regulations made by the Secretary of State to purchase primers or cartridge cases of the type in question.
It is an offence for a person to buy or to attempt to buy—unless he falls within subsection (5).
a primer to which this section applies, or
an empty cartridge case incorporating such a primer,
A person falls within this subsection if—
he is a registered firearms dealer;
he sells by way of any trade or business either primers or empty cartridge cases incorporating primers, or both;
he holds a certificate authorising him to possess a firearm of a relevant kind;
he holds a certificate authorising him to possess ammunition of a relevant kind;
he is a person in the service of Her Majesty who is entitled under subsection (6) to acquire a primer to which this section applies;
he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act 1988 or any other enactment and otherwise than by virtue of being a person in the service of Her Majesty, to have possession, without a certificate, of a firearm of a relevant kind or of ammunition of a relevant kind;
he is in possession of a certificate authorising another person to have possession of such a firearm, or of such ammunition, and has that other person's authority to purchase the primer or empty cartridge case on his behalf; or
he is authorised by regulations made by the Secretary of State to purchase primers or cartridge cases of the type in question.
A person who is in the service of Her Majesty is entitled to acquire a primer to which this section applies if—
he is duly authorised in writing to acquire firearms and ammunition for the public service; or
he is a person who is authorised to purchase a firearm or ammunition by virtue of a certificate issued in accordance with section 54(2)(b) of the 1968 Act (certificates for persons in naval, military or air service of Her Majesty).
An offence under this section shall be punishable, on summary conviction—
in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and
in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (7)(a) of this section to 51 weeks is to be read as a reference to 6 months.
The power of the Secretary of State to make regulations for the purposes of subsection (3)(h) or (5)(h) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
In this section—“ammunition of a relevant kind” means ammunition for a firearm of a relevant kind;“enactment” includes an enactment passed after the passing of this Act;“firearm of a relevant kind” means a firearm other than a shot gun, an air weapon or a firearm chambered for rim-fire ammunition.
Imitation firearms
A person is guilty of an offence if—
he manufactures a realistic imitation firearm;
he modifies an imitation firearm so that it becomes a realistic imitation firearm;
he sells a realistic imitation firearm; or
he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.
Subsection (1) has effect subject to the defences in section 37.
The Secretary of State may by regulations—
provide for exceptions and exemptions from the offence under subsection (1); and
provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.
Regulations under subsection (3) may—
frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;
provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and
confer the function of giving approvals or consents on such persons specified or described in the regulations as the Secretary of State thinks fit.
The power of the Secretary of State to make regulations under subsection (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
A realistic imitation firearm brought into Great Britain shall be liable to forfeiture under the customs and excise Acts.
In subsection (7) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).
An offence under this section shall be punishable, on summary conviction—
in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and
in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (9)(a) of this section to 51 weeks is to be read as a reference to 6 months.
In this section “realistic imitation firearm” has the meaning given by section 38.
It shall be a defence for a person charged with an offence under section 36 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in subsection (2).
Those purposes are—
the purposes of a museum or gallery;
the purposes of theatrical performances and of rehearsals for such performances;
the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);
the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);
the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;
the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.
It shall also be a defence for a person charged with an offence under section 36 in respect of conduct falling within subsection (1)(d) of that section to show that the conduct—
was in the course of carrying on any trade or business; and
was for the purpose of making the imitation firearm in question available to be modified in a way which would result in its ceasing to be a realistic imitation firearm.
For the purposes of this section a person shall be taken to have shown a matter specified in subsection (1) or (3) if—
sufficient evidence of that matter is adduced to raise an issue with respect to it; and
the contrary is not proved beyond a reasonable doubt.
The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
In this section—“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;“museum or gallery” includes any institution which—has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and gives the public access to it.
has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and
is neither a de-activated firearm nor itself an antique.
For the purposes of this section, an imitation firearm is not (except by virtue of subsection (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—
by an expert;
on a close examination; or
as a result of an attempt to load or to fire it.
In determining for the purposes of this section whether an imitation firearm is distinguishable from a real firearm—
the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and
the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.
The Secretary of State may by regulations provide that, for the purposes of subsection (3)(b)—
the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and
a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.
The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
In this section—“colour” is to be construed in accordance with subsection (9);“de-activated firearm” means an imitation firearm that consists in something which—was a firearm; but has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;“real firearm” means—a firearm of an actual make or model of modern firearm (whether existing or discontinued); or something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.
In subsection (7) “modern firearm” means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.
References in this section, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.
Section 8 of the Firearms (Amendment) Act 1988 (c. 45) (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this section as it applies for the purposes of the 1968 Act.
The Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are—
set out in the regulations; or
approved by such persons and in such manner as may be so set out.
A person is guilty of an offence if—
he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under this section;
he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;
he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or
he brings an imitation firearm which does not conform to the specifications so required of it into Great Britain or causes such an imitation firearm to be brought into Great Britain.
An offence under this section shall be punishable, on summary conviction—
in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and
in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this section to 51 weeks is to be read as a reference to 6 months.
Regulations under this section may provide that, in proceedings for an offence under this section, it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is—
specified in the regulations; or
determined for the purpose in accordance with provisions contained in the regulations.
An imitation firearm brought into Great Britain which does not conform to the specifications required of it by regulations under this section shall be liable to forfeiture under the customs and excise Acts.
In subsection (6) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).
The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
After section 24 of the 1968 Act insert—
In the table in Part 1 of Schedule 6 (punishment), after the entry for section 24(4) insert—
In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks in the entry inserted by subsection (2) of this section is to be read as a reference to 6 months.
In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act (mode of trial and punishment of possession of firearm or imitation firearm in a public place)—
in paragraph (b) of column 3 (offence to be triable either way except in the case of an imitation firearm or air weapon), omit the words “ in the case of an imitation firearm or ”; and
in column 4, for “7 years or a fine; or both” substitute—
An offence in England and Wales under section 19 of the 1968 Act in respect of an imitation firearm which is triable either way by virtue of this section is to be treated—
as an offence to which section 282(3) of the Criminal Justice Act 2003 (c. 44) (increase of maximum sentence on conviction of an either way offence) applies; and
as not being an offence to which section 281(5) of that Act (increase of maximum sentence on conviction of a summary only offence) applies.
This section—
applies only to offences committed after the commencement of this section; and
so far as it relates to subsection (3) of section 282 of the Criminal Justice Act 2003 or subsection (5) of section 281 of that Act, does not have effect in relation to offences committed before the commencement of that subsection.
Knives, etc.
In each of the following provisions of the Criminal Justice Act 1988 (c. 33), for “two” substitute “ four ”
section 139(6)(b) (maximum penalty for offence of having knife etc. in public place);
section 139A(5)(a)(ii) (maximum penalty for offence of having knife etc. or offensive weapon on school premises).
This section applies only to offences committed after the commencement of this section.
The Criminal Justice Act 1988 is amended as follows.
In section 141A(1) (prohibition on sale of knives etc. to persons under sixteen), for “sixteen” substitute “ eighteen ”.
In subsections (5), (8) and (9) of section 141 (defences relating to museums and galleries to offence of manufacture, sale etc. of prescribed weapons), for “prove” substitute “ show ”.
After subsection (11) of that section insert—
The defence in section 141(11A) is not available in relation to so much of any charge as relates to conduct taking place before the commencement of this section.
In the Crossbows Act 1987 (c. 32), in the provisions mentioned in subsection (2), for “seventeen”, in each place it occurs, substitute “ eighteen ”.
The provisions are—
section 1 (sale and letting on hire);
section 2 (purchase and hiring);
section 3 (possession).
After section 550A of the Education Act 1996 (c. 56) insert—
After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—
A member of staff of an attendance centre who has reasonable grounds for suspecting that a relevant person may have with him or in his possessions—may search the relevant person or his possessions for such articles and weapons.
an article to which section 139 of the Criminal Justice Act 1988 (c. 33) applies (knives and blades etc.), or
an offensive weapon (within the meaning of the Prevention of Crime Act 1953 (c. 14)),
A search under this section may be carried out only where the member of staff and the relevant person are on the premises of the attendance centre.
A person may carry out a search under this section only if—
he is the officer in charge of the attendance centre; or
he has been authorised by the officer in charge to carry out the search.
A person who carries out a search of a relevant person under this section—
may not require the relevant person to remove any clothing other than outer clothing;
must be of the same sex as the relevant person; and
may carry out the search only in the presence of another member of staff who is also of the same sex as the relevant person.
A relevant person's possessions may not be searched under this section except in his presence and in the presence of another member of staff.
If, in the course of a search under this section, the person carrying out the search finds—he may seize and retain it.
anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or
any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,
A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
The Police (Property) Act 1897 (c. 30) (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
In this section—“attendance centre” has the same meaning as in Part 12 of the Criminal Justice Act 2003 (c. 44) (see section 221 of that Act);“officer in charge”, in relation to an attendance centre, means the member of staff for the time being in charge of that centre;“outer clothing” means—any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or a hat, shoes, boots, gloves or a scarf;“possessions”, in relation to a person, includes any goods over which he has or appears to have control;“relevant person”, in relation to an attendance centre, means a person who is required to attend at that centre by virtue of—a relevant order (within the meaning given by section 397(1) of the Sentencing Code); or a youth rehabilitation order under Chapter 1 of Part 9 of that Code;
The powers conferred by this section are in addition to any powers exercisable by the member of staff of an attendance centre in question apart from this section and are not to be construed as restricting such powers.
In section 139B of the Criminal Justice Act 1988 (c. 33) (power of entry to search for knives etc. and offensive weapons), in subsection (1) for “believing” substitute “ suspecting ”.
Supplemental
Schedule 1 (which makes provision consequential on the provisions of this Part relating to minimum sentences) has effect.
In this Part “the 1968 Act” means the Firearms Act 1968 (c. 27).
Expressions used in this Part and in the 1968 Act have the same meanings in this Part as in that Act.
section 46 (power of search with warrant);
section 51(4) (limitation period for prosecutions);
section 52 (forfeiture and disposal of firearms and ammunition);
section 58 (savings).
Section 35 binds persons in the service of Her Majesty; and for the purposes of—a person is in the service of Her Majesty if he is deemed to be in such service (or to be in the naval, military or air service of Her Majesty) for the purposes of and under section 54 of the 1968 Act (Crown application).
this section,
that section,
section 37(2)(f),
In section 52 of the 1968 Act, after subsection (4) insert—
Miscellaneous
Football
Section 5(2) of the Football (Disorder) Act 2000 (c. 25) (which imposes a latest date of 27th August 2007 for the making of applications for football banning orders under the Football Spectators Act 1989 (c. 37) and for the exercise of constables' powers under that Act to take summary measures) shall have no effect.
Schedule 3 (which amends the provisions of the Football Spectators Act 1989 relating to football banning orders and makes other amendments consequential on the amendment of that Act by this Act) has effect.
The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.
In section 166 (sale of tickets by unauthorised persons), for subsection (1) substitute—
In subsection (2) of that section—
in paragraph (a)—
after “sell” insert “ or otherwise dispose of ”;
omit “ by the home club or ”;
after paragraph (a) insert—;
in paragraph (c), for “Part I of the Football Spectators Act 1989 or which is a regulated football match for the purposes of Part II of that Act” substitute “ this section by order made by the Secretary of State ”.
After subsection (2) of that section insert—
In subsection (7) of that section, in paragraph (b), omit “ the home club or ”.
After section 166 insert—
Sexual offences
Schedule 4 (which amends the Sexual Offences Act 2003 (c. 42) to restore powers of forfeiture and detention of vehicles, ships and aircraft used in relation to offences of trafficking for sexual exploitation) has effect.
This section applies where, in any proceedings—
a person (“the defendant”) is charged in respect of the same conduct both with an offence under the Sexual Offences Act 2003 (“the 2003 Act offence”) and with an offence specified in subsection (2) (“the pre-commencement offence”);
the only thing preventing the defendant from being found guilty of the 2003 Act offence is the fact that it has not been proved beyond a reasonable doubt that the time when the conduct took place was after the coming into force of the enactment providing for the offence; and
the only thing preventing the defendant from being found guilty of the pre-commencement offence is the fact that it has not been proved beyond a reasonable doubt that that time was before the coming into force of the repeal of the enactment providing for the offence.
The offences referred to in subsection (1)(a) are—
any offence under the Sexual Offences Act 1956 (c. 69);
an offence under section 4 of the Vagrancy Act 1824 (c. 83) (obscene exposure);
an offence under section 28 of the Town Police Clauses Act 1847 (c. 89) (indecent exposure);
an offence under section 61 or 62 of the Offences against the Person Act 1861 (c. 100) (buggery etc.);
an offence under section 128 of the Mental Health Act 1959 (c. 72) (sexual intercourse with patients);
an offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecency with children);
an offence under section 4 or 5 of the Sexual Offences Act 1967 (procuring an man to commit buggery and living on the earnings of male prostitution);
an offence under section 9 of the Theft Act 1968 (c. 60) (burglary, including entering premises with intent to commit rape);
an offence under section 54 of the Criminal Law Act 1977 (c. 45) (incitement of girl under 16 to commit incest);
an offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children);
an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust);
an offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (traffic in prostitution).
For the purpose of determining the guilt of the defendant it shall be conclusively presumed that the time when the conduct took place was—
if the maximum penalty for the pre-commencement offence is less than the maximum penalty for the 2003 Act offence, a time before the coming into force of the repeal of the enactment providing for the pre-commencement offence; and
in any other case, a time after the coming into force of the enactment providing for the 2003 Act offence.
In subsection (3) the reference, in relation an offence, to the maximum penalty is a reference to the maximum penalty by way imprisonment or other detention that could be imposed on the defendant on conviction of the offence in the proceedings in question.
A reference in this section to an offence under the Sexual Offences Act 2003 (c. 42) or to an offence specified in subsection (2) includes a reference to—and, in relation to an offence falling within paragraphs (a) to (c), a reference in this section to the enactment providing for the offence so falling has effect as a reference to the enactment providing for the offence under that Act or, as the case may be, for the offence so specified.
inciting the commission of that offence;
conspiracy to commit that offence; and
attempting to commit that offence;
This section applies to any proceedings, whenever commenced, other than proceedings in which the defendant has been convicted or acquitted of the 2003 Act offence or the pre-commencement offence before the commencement of this section.
The following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and to Northern Ireland, as well as to Scotland—
section 17 (which relates to the making of sexual offences prevention orders in Scotland); and
section 18 and the Schedule, so far as they provide for the amendment of the Sexual Offences Act 2003 (c. 42) (see paragraph 3 of the Schedule, which relates to the offences in respect of which powers are exercisable under Part 2 of the 2003 Act).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 129 of that Act, in subsection (1)(a) (effect of conviction under section 128), for “under section 128” substitute “ mentioned in subsection (1A) ”; and after subsection (1) insert—
Subsection (3) of section 282 of the Criminal Justice Act 2003 (c. 44) (increase of maximum sentence on summary conviction of an either way offence), so far as it applies to offences under the Sexual Offences Act 2003, applies to them as amended, extended or applied by virtue of this section.
In the table in section 82(1) of the Sexual Offences Act 2003 (c. 42) (notification period for persons convicted of sexual offences under requirement to notify the police about certain matters), in the entry relating to a person sentenced to imprisonment for life or for a term of 30 months or more, for “or for” substitute “ , to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or to imprisonment for ”.
This section applies in relation to sentences passed before the passing of this Act, as well as to those passed after that.
Before section 97 of the Sexual Offences Act 2003 insert—
In section 136 of that Act (application of Part 2 to Northern Ireland), after subsection (7) insert—
Other
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In Article 3 of the Anti-Social Behaviour (Northern Ireland) Order 2004 (SI 2004/1988 (NI 12)) (anti-social behaviour orders), after paragraph (4) insert—
The Crime and Disorder Act 1998 is amended as follows.
In section 8 (parenting orders)—
in subsections (1)(b) and (6)(a) for “sex offender order” substitute “ sexual offences prevention order ”; and
after subsection (8) insert—
In section 18(1) (interpretation etc of Chapter 1 of Part 1), omit the definition of “ sex offender order ”.
The amendments made by subsection (2) have effect in relation to court proceedings in which an order under section 104 of the Sexual Offences Act 2003 (c. 42) is made before the passing of this Act, as well as those in which such an order is made after that.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1(1) of the Mobile Telephones (Re-programming) Act 2002 (c. 31) (offence of re-programming mobile telephone etc.), omit “ or ” at the end of paragraph (a) and after paragraph (b) insert—
In section 4 of the Private Security Industry Act 2001 (c. 12) (exemptions from licensing requirement) after subsection (5) insert—
General
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of such money under any other Act.
The enactments listed in column 1 of Schedule 5 are repealed to the extent set out in column 2 of that Schedule.
This Act may be cited as the Violent Crime Reduction Act 2006.
This Act, other than—shall come into force on such day as the relevant national authority may by order made by statutory instrument appoint; and different days may be appointed for different purposes, including different areas.
this section;
section 25;
section 56;
section 63,
In subsection (2) “the relevant national authority”—
in all other cases, means the Secretary of State.
the amendments or repeals specified in Schedule 1 extend only so far as the enactments amended or repealed;
the repeals by Schedule 5 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) and of the enactments amending that Act extend to England and Wales only;
the repeal by that Schedule of section 141(3) of the Criminal Justice Act 1988 (c. 33) extends to England and Wales and Northern Ireland only;
the other repeals specified in that Schedule extend only so far as the enactments repealed.
The other provisions of this Act extend to England and Wales only.
Consequential amendments relating to minimum sentences
Magistrates' Courts Act 1980 (c. 43)
In section 24(1B) of the Magistrates' Courts Act 1980 (exceptions to summary trial for indictable offences of persons aged under 18), omit the “ or ” at the end of paragraph (a) and, at the end of paragraph (b), insert
Mental Health Act 1983 (c. 20)
In section 37(1A) of the Mental Health Act 1983 (provisions that do not prevent a court from ordering hospital admission), omit the “ or ” at the end of paragraph (b) and, at the end of paragraph (c), insert.
Criminal Justice Act 1988 (c. 33)
The Criminal Justice Act 1988 is amended as follows.
In section 36 (review of failure to impose mandatory sentence), in subsection (2)(b) omit the “ or ” at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert
In subsection (9) of that section, after paragraph (a) insert—.
Criminal Procedure (Scotland) Act 1995 (c. 46)
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
In section 49(3) (reference or remit to children's hearing), in the exception, for the words from “the circumstances” to “1968” substitute “ section 51A of the Firearms Act 1968 or section 29 of the Violent Crime Reduction Act 2006 applies ”.
In section 207 (detention of young offenders)—
after subsection (3) insert—;
after subsection (4A) insert—
In section 208 (detention of children convicted on indictment), for subsection (2) substitute—
Crime and Disorder Act 1998 (c. 37)
In section 51A(12) of the Crime and Disorder Act 1998 (cases in which persons aged under 18 must be sent for trial to the Crown Court), omit the “ or ” at the end of paragraph (a) and, at the end of paragraph (b), insert
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (power to discharge defendant except in specified cases),
section 130(2) of that Act (cases in which compensation orders may be made only in addition to, and not instead of, dealing with a convicted person in other ways), and
section 146(2) of that Act (cases in which a driving disqualification may be imposed only in addition to, and not instead of, dealing with a convicted person in other ways),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 164(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (interpretation of references to certain sentences), omit the “ or ” at the end of paragraph (b) and, at the end of paragraph (c), insert.
Criminal Justice Act 2003 (c. 44)
The Criminal Justice Act 2003 is amended as follows.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 291(1), after paragraph (a) (power to confine the application of section 51A of the Firearms Act 1968 to persons aged 18 or over) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Weapons etc.: corresponding provisions for Northern Ireland
Using someone to mind a weapon
A person is guilty of an offence if—
he uses another to look after, hide or transport a dangerous weapon for him; and
he does so under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapon's being available to him for an unlawful purpose.
For the purposes of this paragraph the cases in which a dangerous weapon is to be regarded as available to a person for an unlawful purpose include any case where—
the weapon is available for him to take possession of it at a time and place; and
his possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence.
In this paragraph “dangerous weapon” means—
a firearm other than an exempt air gun or a component part of, or accessory to, an exempt air gun; or
a weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) or Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) applies (specified offensive weapons, knives and bladed weapons).
In sub-paragraph (3)(a) “exempt air gun” means an air gun to which paragraph 9(1) of Schedule 1 of the Firearms Order applies (air guns for which firearm certificate not required).
Penalties etc. for offence under paragraph 1
This paragraph applies where a person (“the offender”) is guilty of an offence under paragraph 1.
Where the dangerous weapon in respect of which the offence was committed is a weapon to which section 141 of the Criminal Justice Act 1988 (specified offensive weapons) or Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (knives and bladed weapons) applies, the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.
Where—the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.
at the time of the offence, the offender was aged 16 or over, and
the dangerous weapon in respect of which the offence was committed was a firearm specified in Article 3(1)(a) or 45(1)(a), (aa), (b), (c), (d), (e), (ea) or (fa) or (2)(a) of the Firearms Order (firearms possession of which attracts a minimum sentence),
On a conviction where—the court must impose (with or without a fine) a term of imprisonment of not less than 5 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
sub-paragraph (3) applies, and
the offender is aged 21 or over at the time of conviction,
On a conviction where—the court must impose (with or without a fine) a term of detention in a young offenders centre of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
sub-paragraph (3) applies, and
the offender is aged under 21 at the time of conviction,
In any case not mentioned in sub-paragraph (2) or (3), the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
Where—the court must treat the fact that that person was under the age of 18 at that time as an aggravating factor (that is to say, a factor increasing the seriousness of the offence).
a court is considering for the purposes of sentencing the seriousness of an offence under paragraph 1, and
at the time of the offence the offender was aged 18 or over and the person used to look after, hide or transport the weapon was not,
Where a court treats a person's age as an aggravating factor in accordance with sub-paragraph (7), it must state in open court that the offence was aggravated as mentioned in that sub-paragraph.
Where—the question whether sub-paragraph (3) applies or (as the case may be) the question whether the offence was aggravated under this paragraph is to be determined as if the offence had been committed on that day.
an offence under paragraph 1 of using another person for a particular purpose is found to have involved that other person's having possession of a weapon, or being able to make it available, over a period of two or more days, or at some time during a period of two or more days, and
on any day in that period, an age requirement was satisfied,
In sub-paragraph (9) the reference to an age requirement is a reference to either of the following—
the requirement of sub-paragraph (3) that the offender was aged 16 or over at the time of the offence;
the requirement of sub-paragraph (7) that the offender was aged 18 or over at that time and that the other person was not.
The Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) is amended as follows—
in Article 2(9), after “2004” insert “ or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 ”;
in each of —after “Article 70(2) of the Firearms (Northern Ireland) Order 2004” insert “ or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 ”.
Article 4(1) (power to discharge defendant except in specified circumstances),
Article 10(1) (power to impose probation order except in specified cases),
Article 13(1) (power to impose community service order except in specified cases),
Article 15(1) (power to impose combination order except in specified circumstances),
Article 19(1) (restrictions on custodial sentences except in specified circumstances),
Article 20(1) (length of custodial sentence), and
Article 24(1) (power to impose custody probation order except in specified circumstances),
Minimum sentence for certain firearms offences
The Firearms Order is amended as follows.
In Article 70 (which imposes minimum sentence requirements for certain offences involving the possession of various firearms), in paragraph (1)—
in sub-paragraph (a)(iii) for “and” substitute “ or ”;
after sub-paragraph (a)(iii) insert—.
After paragraph (1) of that Article insert—
In Schedule 5 (prosecution and punishment of offences), in column 3, in paragraph (a) of the entries relating to Articles 61(1) and 62(1), after “Summary”, in each place, insert “ except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a) ”.
This paragraph applies only to offences committed after the commencement of this paragraph.
Manufacture, import and sale of realistic imitation firearms
A person is guilty of an offence if—
he manufactures a realistic imitation firearm;
he modifies an imitation firearm so that it becomes a realistic imitation firearm;
he sells a realistic imitation firearm; or
he brings a realistic imitation firearm into Northern Ireland or causes one to be brought into Northern Ireland.
Sub-paragraph (1) has effect subject to the defences in paragraph 5.
The Department of Justice may by regulations—
provide for exceptions and exemptions from the offence under sub-paragraph (1)(a), (b) or (c); and
provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.
The Secretary of State may by regulations—
provide for exceptions and exemptions from the offence under sub-paragraph (1)(d); and
provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.
Regulations under sub-paragraph (2A) or (3) may—
frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;
provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and
confer the function of giving approvals or consents on such persons specified or described in the regulations as the Department of Justice or (as the case may be) the Secretary of State thinks fit.
The power of the Department of Justice to make regulations under sub-paragraph (2A) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
Regulations under sub-paragraph (2A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
The power of the Secretary of State to make regulations under sub-paragraph (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
A realistic imitation firearm brought into Northern Ireland shall be liable to forfeiture under the customs and excise Acts.
In sub-paragraph (7) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).
An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.
In this paragraph “realistic imitation firearm” has the meaning given by paragraph 6.
It shall be a defence for a person charged with an offence under paragraph 4 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in sub-paragraph (2).
Those purposes are—
the purposes of a museum or gallery;
the purposes of theatrical performances and of rehearsals for such performances;
the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);
the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);
the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this paragraph by regulations made by the appropriate authority;
the purposes of functions that a person has in his capacity as a person in the service of the Crown.
In sub-paragraph (2)(e) “the appropriate authority” means—
in relation to the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;
in relation to the offence under paragraph 4(1)(d), the Secretary of State.
It shall also be a defence for a person charged with an offence under paragraph 4 in respect of conduct falling within sub-paragraph (1)(d) of that paragraph to show that the conduct—
was in the course of carrying on any trade or business; and
was for the purpose of making the imitation firearm in question available to be modified in a way which would result in its ceasing to be a realistic imitation firearm.
For the purposes of this paragraph a person shall be taken to have shown a matter specified in sub-paragraph (1) or (3) if—
sufficient evidence of that matter is adduced to raise an issue with respect to it; and
the contrary is not proved beyond a reasonable doubt.
The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
In this paragraph—“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;“museum or gallery” includes any institution which—has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and gives the public access to it.
In paragraphs 4 and 5 “realistic imitation firearm” means an imitation firearm which—
has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and
is neither a de-activated firearm nor itself an antique.
For the purposes of this paragraph, an imitation firearm is not (except by virtue of sub-paragraph (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—
by an expert;
on a close examination; or
as a result of an attempt to load or to fire it.
In determining for the purposes of this paragraph whether an imitation firearm is distinguishable from a real firearm—
the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and
the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.
The appropriate authority may by regulations provide that, for the purposes of sub-paragraph (3)(b)—
the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and
a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.
In sub-paragraph (4) “the appropriate authority” means—
in the application of this paragraph for the purposes of the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;
in the application of this paragraph for the purposes of the offence under paragraph 4(1)(d) or for the purposes of paragraph 4(7), the Secretary of State.
The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
In this paragraph—“colour” is to be construed in accordance with sub-paragraph (9);“de-activated firearm” means an imitation firearm that consists in something which—was a firearm; but has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;“real firearm” means—a firearm of an actual make or model of modern firearm (whether existing or discontinued); or something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.
In sub-paragraph (7) “modern firearm” means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.
References in this paragraph, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.
Article 2(7) of the Firearms Order (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this paragraph as it applies for the purposes of that Order.
Specification for imitation firearms
For the purposes of sub-paragraph (2)(a) to (c), the Department of Justice may by regulations make provision requiring imitation firearms to conform to specifications which are—
set out in the regulations; or
approved by such persons and in such manner as may be so set out.
For the purposes of sub-paragraph (2)(d), the Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are—
set out in the regulations; or
approved by such persons and in such manner as may be so set out.
A person is guilty of an offence if—
he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under sub-paragraph (A1);
he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;
he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or
he brings an imitation firearm which does not conform to the specifications required of it by regulations under sub-paragraph (1) into Northern Ireland or causes such an imitation firearm to be brought into Northern Ireland.
An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.
Regulations under sub-paragraph (A1) or (1) may provide that, in proceedings for an offence under sub-paragraph (2)(a) to (c) or (as the case may be) sub-paragraph (2)(d), it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is—
specified in the regulations; or
determined for the purpose in accordance with provisions contained in the regulations.
An imitation firearm brought into Northern Ireland which does not conform to the specifications required of it by regulations under sub-paragraph (1) shall be liable to forfeiture under the customs and excise Acts.
In sub-paragraph (5) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).
The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
That power includes power—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
Supplying imitation firearms to minors
After Article 66 of the Firearms Order insert—
In Article 68 of that Order (defences), for “or 64” substitute “ , 64 or 66A ”.
In Schedule 5 of that Order (punishments), after the entry for Article 66 insert—
Increase of maximum sentence for possessing an imitation firearm
In the entry in Schedule 5 to the Firearms Order relating to Article 61(1) of that Order (mode of trial and punishment of possession of firearm or imitation firearm in a public place)—
in paragraph (b) of column 3 (offence to be triable on indictment except in the case of an imitation firearm or air gun), omit the words “ in the case of an imitation firearm or ”; and
in column 4, for “10 years or a fine or both” substitute “ If the offence is committed in respect of an imitation firearm, 12 months or a fine, or both; in any other case, 10 years or a fine, or both. ”
This paragraph applies only to offences committed after the commencement of this paragraph.
Sale etc. of knives and other weapons
In Article 54(1) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (prohibition on sale of knives etc. to persons under 16) for “16” substitute “ 18 ”.
Section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) is amended as follows.
In subsections (5), (8) and (9) of section 141(defences relating to museums and galleries to offence of manufacture, sale etc. of prescribed weapons), for “prove” substitute “ show ”.
After subsection (11) of that section insert—
The defence in section 141(11A) is not available in relation to so much of any charge as relates to conduct taking place before the commencement of this paragraph.
Sale etc. of crossbows
In the Crossbows (Northern Ireland) Order 1988 (SI 1988/794 (NI 5)), in the provisions mentioned in sub-paragraph (2), for “seventeen”, in each place it occurs, substitute “ eighteen ”.
The provisions are—
Article 3 (sale and letting on hire);
Article 4 (purchase and hiring);
Article 5 (possession).
Amendment of police power to search schools etc. for weapons
In section 139B of the Criminal Justice Act 1988 (c. 33) (power of entry to search for knives etc. and offensive weapons), in subsection (1) for “believing” substitute “ suspecting ”.
Supplemental
In this Schedule “the Firearms Order” means the Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)).
Expressions used in this Schedule and in the Firearms Order have the same meanings in this Schedule as in that Order.
The following provisions of the Firearms Order apply as if paragraphs 1, 2 and 4 to 7 of this Schedule were contained in that Order—
Article 52 (power of search with warrant);
Article 69(4) (limitation period for prosecutions);
Article 72 (forfeiture and disposal of firearms and ammunition);
Article 81 (savings).
Article 77(3) of the Firearms Order (certain persons deemed to be in armed forces) applies for the purposes of—as it applies for the purposes of Article 77.
paragraph 5(2)(f),
any rule of law under which any of the provisions of paragraph 1, 2, 4 or 7 do not bind the Crown,
Football banning orders and football-related consequential amendments
Football banning orders
Introductory
The Football Spectators Act 1989 (c. 37) is amended as follows.
Banning orders: bail conditions
In section 14A (banning orders on conviction of an offence), after subsection (4B) insert—
In subsection (4C) of that section, omit “ But ” and after “a warrant” insert “ under subsection (4B) above ”.
In section 14B (banning orders on a complaint), after subsection (4) insert—
Appeals against decisions not to make banning orders
In section 14A (banning order made on conviction for an offence), after subsection (5) insert—
In section 14D (appeals against banning orders made on complaint), after subsection (1) insert—
In subsection (2) of that section, for “the appeal” substitute “ an appeal under this section ”.
Applications for banning orders under section 14B
In section 14B (banning orders made on a complaint)—
for subsection (1) substitute—;
after subsection (1) insert—
In section 21B(4) (summary measures: reference to a court), for “the chief officer of police for the area in which the person resides or appears to reside” substitute “ the relevant chief officer ”.
Notification obligations under banning orders
Section 14E (banning orders: general) is amended as follows.
After subsection (2) insert—
In subsection (3) (under which a banning order must, unless there are exceptional circumstances, impose a requirement as to the surrender of the passport of the subject) omit “ , unless it appears to the court that there are exceptional circumstances, ”.
Omit subsection (4) (where exceptional circumstances exist court must state in open court what they are).
After subsection (7) insert—
In relation to times before the commencement of section 39(2) of the Identity Cards Act 2006 (c. 15), the references to a travel authorisation in subsections (2B) and (2C) of section 14E of the Football Spectators Act 1989 (c. 37) shall have effect as references to a passport.
Sub-paragraphs (3) and (4) apply—
to a banning order made after the commencement of those sub-paragraphs; and
for the purposes of any appeal falling to be determined after the commencement of those sub-paragraphs.
Duration of banning orders
In section 14F(5) (duration of banning orders), for “three” substitute “ five ” and for “two” substitute “ three ”.
Notices during control periods
In section 19 (functions of enforcing authority and local police), after subsection (2E)(b) insert—
Deemed receipt of notices and other documents
In section 25 (service of documents), after subsection (1) insert—
In section 21(7) (service of notices under section 19), after “subsection (6) above” insert “ (instead of section 25(1A)) ”.
New relevant offence
In paragraph 1 of Schedule 1 (offences), in sub-paragraphs (c), (k) and (q) after “under section” insert “ 4A or ”.
An offence is not a relevant offence by virtue of sub-paragraph (1) if it was committed before the commencement of this paragraph.
Consequential Amendments
Meaning of “spectator” in Part 1
For section 1(6) of the Football Spectators Act 1989 (c. 37) (definition of “authorised spectator”) substitute—
General provisions relating to licences to admit spectators
In section 10(17) of that Act (licences to admit spectators: general), for “, the licensing authority or the Football Membership Authority” substitute “ or the licensing authority ”.
Declarations of relevance
In section 23 of that Act (provisions about declarations of relevance), at the end insert—
Periods relevant to football matches
For paragraph 4(2) of Schedule 1 to that Act (meaning of period relevant to a football match) substitute—
Amendments of other enactments
In each of the enactments specified in sub-paragraph (2), for “declaration of relevance under” substitute “ declaration of relevance, within the meaning of section 23 of ”.
Those provisions are—
section 50(1)(h) of the Criminal Appeal Act 1968 (c. 19); and
section 108(3) of the Magistrates' Courts Act 1980 (c. 43).
This paragraph does not apply in relation to declarations made before the commencement of paragraph 12.
In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), in subsection (2) after paragraph (fa) insert—.
Forfeiture and detention of vehicles etc.
The Sexual Offences Act 2003 (c. 42) is amended as follows.
In section 142(2) (provisions extending to Northern Ireland), in paragraph (a) for “to 60” substitute“ to 60C ”.
Repeals
In section 3(1)(a), the word “or” at the end.
Section 23(4).
In section 40(2), the words from “to firearms” to “therein”.
In section 51A(1)(a)(i), the word “or” at the end.
In Part 1 of Schedule 6, the entry for section 23(4).
In paragraph 7 of Part 2 of Schedule 6, the words “or (4)”.
In paragraph 8 of Part 2 of Schedule 6, the words “or (4)” in the second place they appear.
In section 36(2)(b), the “or” at the end of sub-paragraph (ii).
Section 141(3).
In section 1—subsection (3); in subsection (4), paragraph (b) and the word “and” immediately preceding it; subsections (5) and (8A).
In section 10—in subsection (8), paragraph (c) and the word “or” immediately preceding it; in subsection (12), paragraph (b).
In section 14A(4C), the word “But”.
In section 14E—in subsection (3), the words “, unless it appears to the court that there are exceptional circumstances,”; subsection (4).
In section 19(2B)(b), the words “and the order imposes a requirement as to the surrender by him of his passport”.
In section 22A(1), the definition of “declaration of relevance”.
In Schedule 1, in paragraph 1(a), “2(1), 5(7)”.
In section 166—in subsection (2)(a), the words “by the home club or”; in subsection (7)(b), the words “the home club or”.
In the table in Part 3 of Schedule 8, the entry relating to offences under section 19 of the Firearms Act 1968 (c. 27).
In section 18(1), the definition of “sex offender order”.
In section 51A(12), the “or” at the end of paragraph (b).
In Schedule 13—paragraph 94; in paragraph 158, the words “7(7)(b) and”.
In section 164(3), the “or” at the end of paragraph (b).
In Schedule 9, paragraph 60.
Section 5(2).
In Schedule 2, paragraphs 12, 13 and 20.
Section 37(3).
In section 38, subsections (2), (4), (5)(a) to (c) and (5)(e).
In section 150, the “or” at the end of paragraph (c).
In Schedule 26, paragraphs 27 and 41.