Violent Crime Reduction Act 2006

(85B) (1) A member of staff of an institution within the further education sector who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or (b) an offensive weapon (within the meaning of the Prevention of Crime Act 1953), may search that student or his possessions for such articles and weapons. (2) A search under this section may be carried out only where— (a) the member of staff and the student are on the premises of the institution; or (b) they are elsewhere and the member of staff has lawful control or charge of the student. (3) A person may carry out a search under this section only if— (a) he is the principal of the institution; or (b) he has been authorised by the principal to carry out the search. (4) A person who carries out a search of a student under this section— (a) may not require the student to remove any clothing other than outer clothing; (b) must be of the same sex as the student; and (c) may carry out the search only in the presence of another member of staff who is also of the same sex as the student. (5) A student's possessions may not be searched under this section except in his presence and in the presence of another member of staff. (6) If, in the course of a search under this section, the person carrying out the search finds— (a) anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or (b) any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence, he may seize and retain it. (7) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power. (8) A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable. (9) The Police (Property) Act 1897 (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. (10) 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. (11) In this section— - “member of staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee; - “outer clothing” means— 1. 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 2. a hat, shoes, boots, gloves or a scarf; - “possessions”, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control. (12) The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.

Power to search persons in attendance centres for weapons

47

• (1) 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—

• (a) an article to which section 139 of the Criminal Justice Act 1988 (c. 33) applies (knives and blades etc.), or

• (b) an offensive weapon (within the meaning of the Prevention of Crime Act 1953 (c. 14)),

may search the relevant person or his possessions for such articles and weapons.

• (2) 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.

• (3) A person may carry out a search under this section only if—

• (a) he is the officer in charge of the attendance centre; or

• (b) he has been authorised by the officer in charge to carry out the search.

• (4) A person who carries out a search of a relevant person under this section—

• (a) may not require the relevant person to remove any clothing other than outer clothing;

• (b) must be of the same sex as the relevant person; and

• (c) 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.

• (5) 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.

• (6) If, in the course of a search under this section, the person carrying out the search finds—

• (a) anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

• (b) any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

• (7) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

• (8) A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.

• (9) 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.

• (10) 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.

• (11) 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; ora 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 of section 196 of the Criminal Justice Act 2003 (c. 44)); ora youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;

• (12) 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.

Amendment of police power to search schools etc. for weapons

48

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

Consequential amendments relating to minimum sentences

49

Schedule 1 (which makes provision consequential on the provisions of this Part relating to minimum sentences) has effect.

Supplemental provisions for Part 2

50

• (1) In this Part “the 1968 Act” means the Firearms Act 1968 (c. 27).

• (2) Expressions used in this Part and in the 1968 Act have the same meanings in this Part as in that Act.

• (3) The following provisions of the 1968 Act apply as if sections 28, 29, 32 and 35 to 39 of this Act were contained in that Act—

• (a) section 46 (power of search with warrant);

• (b) section 51(4) (limitation period for prosecutions);

• (c) section 52 (forfeiture and disposal of firearms and ammunition);

• (d) section 58 (savings).

• (4) Section 35 binds persons in the service of Her Majesty; and for the purposes of—

• (a) this section,

• (b) that section,

• (c) section 37(2)(f),

• (d) any rule of law under which any of the provisions of section 28, 29, 32, 36 or 39 do not bind the Crown,

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).

• (5) In section 52 of the 1968 Act, after subsection (4) insert—

(5) In this section references to ammunition include references to a primer to which section 35 of the Violent Crime Reduction Act 2006 applies and to an empty cartridge case incorporating such a primer.

Corresponding provision for Northern Ireland

51

Schedule 2 (which makes provision for Northern Ireland corresponding to that made by the preceding provisions of this Part, other than sections 31 to 35, 42 and 45 to 47) has effect.

Part 3 — Miscellaneous

Football

Football-related disorder

52

• (1) 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.

• (2) 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.

• (3) Sections 2 to 7 of the Football Spectators Act 1989 (the national membership scheme) shall cease to have effect.

Sale and disposal of tickets by unauthorised persons

53

• (1) The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.

• (2) In section 166 (sale of tickets by unauthorised persons), for subsection (1) substitute—

(1) It is an offence for an unauthorised person to— (a) sell a ticket for a designated football match, or (b) otherwise to dispose of such a ticket to another person.

• (3) In subsection (2) of that section—

• (a) in paragraph (a)—

• (i) after “sell” insert “ or otherwise dispose of ”;

• (ii) omit “ by the home club or ”;

• (b) after paragraph (a) insert—

(aa) a reference to selling a ticket includes a reference to— (i) offering to sell a ticket; (ii) exposing a ticket for sale; (iii) making a ticket available for sale by another; (iv) advertising that a ticket is available for purchase; and (v) giving a ticket to a person who pays or agrees to pay for some other goods or services or offering to do so.

;

• (c) 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 ”.

• (4) After subsection (2) of that section insert—

(2A) An order under subsection (2)(c) may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order. (2B) The power of the Secretary of State to make an order under subsection (2)(c) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In subsection (7) of that section, in paragraph (b), omit “ the home club or ”.

• (6) After section 166 insert—

(166A) (1) Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services. (2) If— (a) a service provider established in the United Kingdom does anything in an EEA State other than the United Kingdom in the course of providing information society services, and (b) the action, if done in England and Wales, would constitute an offence falling within section 166(1), the service provider shall be guilty in England and Wales of an offence under that section. (3) A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in— (a) the transmission in a communication network of information falling within subsection (4), or (b) the storage of information provided by a recipient of the service, except where subsection (5) applies. (4) Information falls within this subsection if— (a) it is provided by a recipient of the service; and (b) it is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient. (5) This subsection applies at any time in relation to information if— (a) the service provider knew when that information was provided that it contained material contravening section 166; or (b) that information is stored at that time (whether as mentioned in subsection (3)(b) or (4)) in consequence of the service provider's failure expeditiously to remove the information, or to disable access to it, upon obtaining actual knowledge that the information contained material contravening section 166. (6) In this section— - “the Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce); - “information society services”— 1. has the meaning set out in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of 20 July 1998); and 2. is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”; - “EEA State” means a state which is for the time being a member State, Norway, Iceland or Liechtenstein; - “recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; - “service provider” means any person providing an information society service.

Sexual offences

Forfeiture and detention of vehicles etc.

54

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.

Continuity of sexual offences law

55

• (1) This section applies where, in any proceedings—

• (a) 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”);

• (b) 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

• (c) 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.

• (2) The offences referred to in subsection (1)(a) are—

• (a) any offence under the Sexual Offences Act 1956 (c. 69);

• (b) an offence under section 4 of the Vagrancy Act 1824 (c. 83) (obscene exposure);

• (c) an offence under section 28 of the Town Police Clauses Act 1847 (c. 89) (indecent exposure);

• (d) an offence under section 61 or 62 of the Offences against the Person Act 1861 (c. 100) (buggery etc.);

• (e) an offence under section 128 of the Mental Health Act 1959 (c. 72) (sexual intercourse with patients);

• (f) an offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecency with children);

• (g) 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);

• (h) an offence under section 9 of the Theft Act 1968 (c. 60) (burglary, including entering premises with intent to commit rape);

• (i) an offence under section 54 of the Criminal Law Act 1977 (c. 45) (incitement of girl under 16 to commit incest);

• (j) an offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children);

• (k) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust);

• (l) an offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (traffic in prostitution).

• (3) For the purpose of determining the guilt of the defendant it shall be conclusively presumed that the time when the conduct took place was—

• (a) 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

• (b) in any other case, a time after the coming into force of the enactment providing for the 2003 Act offence.

• (4) 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.

• (5) 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—

• (a) inciting the commission of that offence;

• (b) conspiracy to commit that offence; and

• (c) attempting to commit that offence;

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.

• (6) 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.

Cross-border provisions relating to sexual offences

56

• (1) 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—

• (a) section 17 (which relates to the making of sexual offences prevention orders in Scotland); and

• (b) 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).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) 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—

(1A) Those offences are— (a) an offence under section 128 of this Act; (b) an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of RSHO or interim RSHO in Scotland).

• (4) 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.

Amendment of s. 82 of the Sexual Offences Act 2003

57

• (1) 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 ”.

• (2) This section applies in relation to sentences passed before the passing of this Act, as well as to those passed after that.

Power of entry and search of relevant offender’s home address

58

• (1) Before section 97 of the Sexual Offences Act 2003 insert—

(96B) (1) If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force— (a) to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and (b) to search the premises for that purpose. (2) The requirements are— (a) that the address of each set of premises specified in the application is an address falling within subsection (3); (b) that the relevant offender is not one to whom subsection (4) applies; (c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and (d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose. (3) An address falls within this subsection if— (a) it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or (b) there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there. (4) This subsection applies to a relevant offender if he is— (a) remanded in or committed to custody by order of a court; (b) serving a sentence of imprisonment or a term of service detention; (c) detained in a hospital; or (d) outside the United Kingdom. (5) A warrant issued under this section must specify the one or more sets of premises to which it relates. (6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises. (7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a). (8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum. (9) In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender— (a) who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or (b) in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there. (10) In this section— - “the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated; - “senior police officer” means a constable of the rank of superintendent or above.

• (2) In section 136 of that Act (application of Part 2 to Northern Ireland), after subsection (7) insert—

(7A) References to a justice of the peace are to be read as references to a lay magistrate.

Other

Limitation period for anti-social behaviour orders

59

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) 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—

(4A) Nothing in this Article affects the operation of Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time in respect of complaints made in courts of summary jurisdiction).

Parenting orders

60

• (1) The Crime and Disorder Act 1998 is amended as follows.

• (2) In section 8 (parenting orders)—

• (a) in subsections (1)(b) and (6)(a) for “sex offender order” substitute “ sexual offences prevention order ”; and

• (b) after subsection (8) insert—

(9) In this section “sexual offences prevention order” means an order under section 104 of the Sexual Offences Act 2003 (sexual offences prevention orders).

• (3) In section 18(1) (interpretation etc of Chapter 1 of Part 1), omit the definition of “ sex offender order ”.

• (4) 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.

Committal of young persons of unruly character

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offering or agreeing to re-programme a mobile telephone

62

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—

(c) he offers or agrees to change, or interfere with the operation of, a unique device identifier, or (d) he offers or agrees to arrange for another person to change, or interfere with the operation of, a unique device identifier.

Removal of sports grounds etc. from private security industry regulation

63

In section 4 of the Private Security Industry Act 2001 (c. 12) (exemptions from licensing requirement) after subsection (5) insert—

(6) A relevant employee who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect. (7) An employee for a visiting team who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if— (a) it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect; and (b) that visiting team is involved in the activities for which the ground is being used, or which the stand is being used to view. (8) In subsection (7) a reference to a person being an employee for a visiting team is a reference to his being a relevant employee in relation to the visitors' ground, or in relation to a certified sports stand contained in the visitors' premises. (9) In this section “a relevant employee”, in relation to a certified sports ground or certified sports stand, means a person employed by— (a) the holder of its safety certificate; (b) a person who manages the ground or stand or occupies the premises where it is or owns an interest in those premises; (c) a company which is in the same group as a company falling within paragraph (b). (10) In this section a reference to the use of a certified sports ground for purposes for which the safety certificate has effect is a reference to— (a) the use of the ground for activities specified in a general safety certificate in force in respect of the use of that ground; or (b) the use of the ground, on an occasion specified in a special safety certificate which is so in force, for activities specified in that certificate. (11) In this section a reference to the use of a certified sports stand for purposes for which the safety certificate has effect is a reference to— (a) the use of the stand for viewing activities specified in a general safety certificate in force in respect of the use of that stand; or (b) the use of the stand, on an occasion specified in a special safety certificate which is so in force, for viewing activities specified in that certificate. (12) In this section— - “certified sports ground” means a sports ground in respect of which a safety certificate is in force; - “certified sports stand” means a sports stand in respect of which a safety certificate is in force; - “company”, “holding company” and “subsidiary” have the same meanings as in section 736 of the Companies Act 1985 (c. 6); - “group”, in relation to a company, means a holding company and all of its subsidiaries; - “safety certificate”, “general safety certificate” and “special safety certificate”— 1. in relation to a sports ground, have the same meanings as in the Safety of Sports Grounds Act 1975 (see sections 1(4) and 17(1) of that Act); and 2. in relation to a sports stand, have the same meanings as in Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (see section 26(2) and (11) of that Act); - “sports ground” has the same meaning as in that Act of 1975 (see section 17(1) of that Act); - “sports stand” means a stand within the meaning of Part 3 of that Act of 1987 (see section 26(11) of that Act); - “visiting team”, in relation to a certified sports ground (“the home ground”) or a certified sports stand contained in any premises (“the home premises”) means a team which uses as its base, or as one of its bases, any premises which are either— 1. a certified sports ground which is not the home ground (“the visitors' ground”); or 2. premises which are not the home premises and which contain a certified sports stand (“the visitors' premises”); - “visitors' ground” and “visitors' premises”, in relation to a visiting team, have the meanings given by the previous definition.

Part 4 — General

Expenses

64

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.

Repeals

65

The enactments listed in column 1 of Schedule 5 are repealed to the extent set out in column 2 of that Schedule.

Short title, commencement and extent

66

• (1) This Act may be cited as the Violent Crime Reduction Act 2006.

• (2) This Act, other than—

• (a) this section;

• (b) section 25;

• (c) section 56;

• (d) section 60 and the repeal in section 18(1) of the Crime and Disorder Act 1998 (c. 37); and

• (e) section 63,

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.

• (3) In subsection (2) “the relevant national authority”—

• (a) in relation to section 45 or 46 so far as it authorises the exercise of powers in relation to pupils of schools in Wales or students at institutions in Wales that are within the further education sector, means the National Assembly for Wales; and

• (b) in all other cases, means the Secretary of State.

• (4) Section 49, Schedule 1, section 62 and this Part extend to the United Kingdom, except that—

• (a) the amendments or repeals specified in Schedule 1 extend only so far as the enactments amended or repealed;

• (b) 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;

• (c) 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;

• (d) the other repeals specified in that Schedule extend only so far as the enactments repealed.

• (5) Sections 28 to 41 and 50 extend to Great Britain only.

• (6) Section 51 and Schedule 2 and section 59(2) extend to Northern Ireland only.

• (7) Section 54 and Schedule 4 and sections 55 to 58 extend to England and Wales and Northern Ireland only.

• (8) The other provisions of this Act extend to England and Wales only.

SCHEDULE 1

Magistrates' Courts Act 1980 (c. 43)

1

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

or (c) section 29(3) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.

Mental Health Act 1983 (c. 20)

2

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

or (d) under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon),

.

Criminal Justice Act 1988 (c. 33)

3

• (1) The Criminal Justice Act 1988 is amended as follows.

• (2) 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

or (iv) under section 29(4) or (6) of the Violent Crime Reduction Act 2006.

• (3) In subsection (9) of that section, after paragraph (a) insert—

(aa) the reference to section 51A(2) of the Firearms Act 1968 shall be construed as a reference to Article 70(2) of the Firearms (Northern Ireland) Order 2004; (ab) the reference to section 29(4) or (6) of the Violent Crime Reduction Act 2006 shall be construed as a reference to paragraph 2(4) or (5) of Schedule 2 to that Act; and

.

Criminal Procedure (Scotland) Act 1995 (c. 46)

4

• (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

• (2) 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 ”.

• (3) In section 207 (detention of young offenders)—

• (a) after subsection (3) insert—

(3A) Subsections (2) and (3) above are subject to— (a) section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and (b) section 29(8) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).

;

• (b) after subsection (4A) insert—

(4B) Subsections (4) and (4A) above apply to the forming of an opinion under the enactments mentioned in subsection (3A) above as they apply to the forming of an opinion under subsection (3) above.

• (4) In section 208 (detention of children convicted on indictment), for subsection (2) substitute—

(2) Subsection (1) above is subject to— (a) section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and (b) section 29(9) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).

Crime and Disorder Act 1998 (c. 37)

5

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

or (c) section 29(3) of Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

6

In each of —

• (a) section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (power to discharge defendant except in specified cases),

• (b) 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

• (c) 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),

for “or section 225, 226, 227 or 228 of the Criminal Justice Act 2003” substitute “ , section 225, 226, 227 or 228 of the Criminal Justice Act 2003 or section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

7

• (1) In section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention of persons under 18), in subsection (1A)(b) after “Act and” insert “ for the purposes of subsection (3) of that section ”.

• (2) After subsection (1A) of that section insert—

(1B) Subsection (3) below also applies where— (a) a person aged under 18 is convicted on indictment of an offence under the Firearms Act 1968 that is listed in section 51A(1A)(b), (e) or (f) of that Act and was committed in respect of a firearm or ammunition specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of that Act; (b) the offence was committed after the commencement of section 30 of the Violent Crime Reduction Act 2006 and for the purposes of section 51A(3) of the Firearms Act 1968 at a time when he was aged 16 or over; and (c) the court is of the opinion mentioned in section 51A(2) of the Firearms Act 1968. (1C) Subsection (3) below also applies where— (a) a person aged under 18 is convicted of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon); (b) section 29(3) of that Act applies (minimum sentences in certain cases); and (c) the court is of the opinion mentioned in section 29(6) of that Act (exceptional circumstances which justify not imposing the minimum sentence).

• (3) In subsection (5) of that section (power to impose detention where minimum sentence provisions apply), for the words from “subsection (2)” to “that term” substitute—

(a) subsection (2) of section 51A of the Firearms Act 1968, or (b) subsection (6) of section 29 of the Violent Crime Reduction Act 2006, requires the imposition of a sentence of detention under this section for a term of at least the term provided for in that section, the court shall sentence the offender to be detained for such period, of at least the term so provided for

.

8

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

or (d) under section 29(4) or (6) of the Violent Crime Reduction Act 2006,

.

Criminal Justice Act 2003 (c. 44)

9

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) In section 142(2)(c) (cases in which courts not required to have regard to purposes of sentencing), after “custodial sentences)” insert “ , under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) ”.

• (3) In section 150(cases in which a community order or youth community order may not be imposed), omit the “ or ” at the end of paragraph (c) and after that paragraph insert—

(ca) falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (required custodial sentence in certain cases of using someone to mind a weapon), or

.

• (4) In section 152(1) (cases in which restrictions on imposing custodial sentences do not apply), for “110(2) or 111(2) of the Sentencing Act” substitute “ section 110(2) or 111(2) of the Sentencing Act, under section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

• (5) In section 153(2) (which specifies provisions to which the rule about the length of a custodial sentence is subject), after “Sentencing Act” insert “ , section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) 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—

(aa) amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word “16” the word “ 18 ”,

.

• (8) In section 305(4) (interpretation of references to certain sentences), after paragraph (b) insert—

(ba) a sentence falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 if it is required by that provision and the court is not of the opinion there mentioned,

.

SCHEDULE 2

Using someone to mind a weapon

1

• (1) A person is guilty of an offence if—

• (a) he uses another to look after, hide or transport a dangerous weapon for him; and

• (b) 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.

• (2) 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—

• (a) the weapon is available for him to take possession of it at a time and place; and

• (b) 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.

• (3) In this paragraph “dangerous weapon” means—

• (a) a firearm other than an exempt air gun or a component part of, or accessory to, an exempt air gun; or

• (b) 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).

• (4) 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

2

• (1) This paragraph applies where a person (“the offender”) is guilty of an offence under paragraph 1.

• (2) 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.

• (3) Where—

• (a) at the time of the offence, the offender was aged 16 or over, and

• (b) the dangerous weapon in respect of which the offence was committed was a firearm mentioned in Article 3(1)(a) or 45(1)(a), (aa), (b), (c), (d), (e) or (g) or (2)(a) of the Firearms Order (firearms possession of which attracts a minimum sentence),

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.

• (4) On a conviction where—

• (a) sub-paragraph (3) applies, and

• (b) the offender is aged 21 or over at the time of conviction,

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.

• (5) On a conviction where—

• (a) sub-paragraph (3) applies, and

• (b) the offender is aged under 21 at the time of conviction,

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.

• (6) 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.

• (7) Where—

• (a) a court is considering for the purposes of sentencing the seriousness of an offence under paragraph 1, and

• (b) 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,

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).

• (8) 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.

• (9) Where—

• (a) 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

• (b) on any day in that period, an age requirement was satisfied,

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.

• (10) In sub-paragraph (9) the reference to an age requirement is a reference to either of the following—

• (a) the requirement of sub-paragraph (3) that the offender was aged 16 or over at the time of the offence;

• (b) the requirement of sub-paragraph (7) that the offender was aged 18 or over at that time and that the other person was not.

• (11) The Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) is amended as follows—

• (a) in Article 2(9), after “2004” insert “ or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 ”;

• (b) in each of —

• (i) Article 4(1) (power to discharge defendant except in specified circumstances),

• (ii) Article 10(1) (power to impose probation order except in specified cases),

• (iii) Article 13(1) (power to impose community service order except in specified cases),

• (iv) Article 15(1) (power to impose combination order except in specified circumstances),

• (v) Article 19(1) (restrictions on custodial sentences except in specified circumstances),

• (vi) Article 20(1) (length of custodial sentence), and

• (vii) Article 24(1) (power to impose custody probation order except in specified circumstances),

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 ”.

Minimum sentence for certain firearms offences

3

• (1) The Firearms Order is amended as follows.

• (2) In Article 70 (which imposes minimum sentence requirements for certain offences involving the possession of various firearms), in paragraph (1)—

• (a) in sub-paragraph (a)(iii) for “and” substitute “ or ”;

• (b) after sub-paragraph (a)(iii) insert—

(iv) an offence under any of the provisions of this Order listed in paragraph (1A) in respect of a firearm or ammunition specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d), (e) or (g) or (2)(a), and

.

• (3) After paragraph (1) of that Article insert—

(1A) The provisions are— (a) Article 58 (possession of a firearm with intent); (b) Article 59 (use of firearm to resist arrest); (c) Article 60 (carrying a firearm with criminal intent); (d) Article 61(1) (carrying a firearm in a public place); (e) Article 62(1) (trespassing in a building with a firearm).

• (4) 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) ”.

• (5) This paragraph applies only to offences committed after the commencement of this paragraph.

Manufacture, import and sale of realistic imitation firearms

4

• (1) A person is guilty of an offence if—

• (a) he manufactures a realistic imitation firearm;

• (b) he modifies an imitation firearm so that it becomes a realistic imitation firearm;

• (c) he sells a realistic imitation firearm; or

• (d) he brings a realistic imitation firearm into Northern Ireland or causes one to be brought into Northern Ireland.

• (2) Sub-paragraph (1) has effect subject to the defences in paragraph 5.

• (2A) The Department of Justice may by regulations—

• (a) provide for exceptions and exemptions from the offence under sub-paragraph (1)(a), (b) or (c); and

• (b) provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

• (3) The Secretary of State may by regulations—

• (a) provide for exceptions and exemptions from the offence under sub-paragraph (1)(d); and

• (b) provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

• (4) Regulations under sub-paragraph (2A) or (3) may—

• (a) frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;

• (b) 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

• (c) confer the function of giving approvals or consents on such persons specified or described in the regulations asthe Department of Justice or (as the case may be) the Secretary of State thinks fit.

• (4A) 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.

• (4B) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.

• (4C) 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).

• (5) 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.

• (6) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

• (7) A realistic imitation firearm brought into Northern Ireland shall be liable to forfeiture under the customs and excise Acts.

• (8) 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).

• (9) 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.

• (10) In this paragraph “realistic imitation firearm” has the meaning given by paragraph 6.

5

• (1) 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).

• (2) Those purposes are—

• (a) the purposes of a museum or gallery;

• (b) the purposes of theatrical performances and of rehearsals for such performances;

• (c) 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);

• (d) the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);

• (e) 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;

• (f) the purposes of functions that a person has in his capacity as a person in the service of the Crown.

• (2A) In sub-paragraph (2)(e) “the appropriate authority” means—

• (a) in relation to the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;

• (b) in relation to the offence under paragraph 4(1)(d), the Secretary of State.

• (3) 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—

• (a) was in the course of carrying on any trade or business; and

• (b) 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.

• (4) For the purposes of this paragraph a person shall be taken to have shown a matter specified in sub-paragraph (1) or (3) if—

• (a) sufficient evidence of that matter is adduced to raise an issue with respect to it; and

• (b) the contrary is not proved beyond a reasonable doubt.

• (4A) 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.

• (4B) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.

• (4C) 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).

• (5) 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.

• (6) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

• (7) 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; andgives the public access to it.

6

• (1) In paragraphs 4 and 5 “realistic imitation firearm” means an imitation firearm which—

• (a) has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and

• (b) is neither a de-activated firearm nor itself an antique.

• (2) 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—

• (a) by an expert;

• (b) on a close examination; or

• (c) as a result of an attempt to load or to fire it.

• (3) In determining for the purposes of this paragraph whether an imitation firearm is distinguishable from a real firearm—

• (a) 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

• (b) the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

• (4) The appropriate authority may by regulations provide that, for the purposes of sub-paragraph (3)(b)—

• (a) 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

• (b) a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.

• (4A) In sub-paragraph (4) “the appropriate authority” means—

• (a) in the application of this paragraph for the purposes of the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;

• (b) 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.

• (4B) 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.

• (4C) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.

• (4D) 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).

• (5) 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.

• (6) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

• (7) 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; buthas 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); orsomething 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.

• (8) 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.

• (9) 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.

• (10) 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

7

• (A1) 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—

• (a) set out in the regulations; or

• (b) approved by such persons and in such manner as may be so set out.

• (1) 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—

• (a) set out in the regulations; or

• (b) approved by such persons and in such manner as may be so set out.

• (2) A person is guilty of an offence if—

• (a) he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under sub-paragraph (A1);

• (b) he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;

• (c) he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or

• (d) 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.

• (3) 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.

• (4) 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—

• (a) specified in the regulations; or

• (b) determined for the purpose in accordance with provisions contained in the regulations.

• (5) 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.

• (6) 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).

• (6A) 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.

• (6B) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.

• (6C) 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).

• (7) 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.

• (8) That power includes power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

Supplying imitation firearms to minors

8

• (1) After Article 66 of the Firearms Order insert—

(66A) (1) It is an offence for a person under the age of 18 to purchase an imitation firearm. (2) It is an offence to sell an imitation firearm to a person under the age of 18. (3) In proceedings for an offence under paragraph (2) it is a defence to show that the person charged with the offence— (a) believed the other person to be aged 18 or over; and (b) had reasonable ground for that belief.

• (2) In Article 68 of that Order (defences), for “or 64” substitute “ , 64 or 66A ”.

• (3) In Schedule 5 of that Order (punishments), after the entry for Article 66 insert—

Article 66A(1) or (2)	Acquisition by a minor of an imitation firearm and supplying him.	Summary	6 months or level 5 or both.

Increase of maximum sentence for possessing an imitation firearm

9

• (1) 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)—

• (a) 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

• (b) 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. ”

• (2) This paragraph applies only to offences committed after the commencement of this paragraph.

Sale etc. of knives and other weapons

10

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 ”.

11

• (1) Section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) is amended as follows.

• (2) 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 ”.

• (3) After subsection (11) of that section insert—

(11A) It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies— (a) with an offence under subsection (1) above, or (b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B). (11B) Those purposes are— (a) the purposes of theatrical performances and of rehearsals for such performances; (b) the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act); (c) the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act). (11C) For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) above if— (a) sufficient evidence of that matter is adduced to raise an issue with respect to it; and (b) the contrary is not proved beyond a reasonable doubt. (11D) The Secretary of State may by order made by statutory instrument— (a) provide for exceptions and exemptions from the offence under subsection (1) above or from the prohibition in subsection (4) above; and (b) provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order. (11E) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.

• (4) 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

12

• (1) 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 ”.

• (2) The provisions are—

• (a) Article 3 (sale and letting on hire);

• (b) Article 4 (purchase and hiring);

• (c) Article 5 (possession).

Amendment of police power to search schools etc. for weapons

13

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

14

• (1) In this Schedule “the Firearms Order” means the Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)).

• (2) Expressions used in this Schedule and in the Firearms Order have the same meanings in this Schedule as in that Order.

• (3) 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—

• (a) Article 52 (power of search with warrant);

• (b) Article 69(4) (limitation period for prosecutions);

• (c) Article 72 (forfeiture and disposal of firearms and ammunition);

• (d) Article 81 (savings).

• (4) Article 77(3) of the Firearms Order (certain persons deemed to be in armed forces) applies for the purposes of—

• (a) paragraph 5(2)(f),

• (b) any rule of law under which any of the provisions of paragraph 1, 2, 4 or 7 do not bind the Crown,

as it applies for the purposes of Article 77.

SCHEDULE 3

Part 1 — Football banning orders

Introductory

1

The Football Spectators Act 1989 (c. 37) is amended as follows.

Banning orders: bail conditions

2

• (1) In section 14A (banning orders on conviction of an offence), after subsection (4B) insert—