Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - К докладу главы Миссии ОБСЕ в Молдавии
A person is guilty of an offence if he markets a knife in a way which—
indicates, or suggests, that it is suitable for combat; or
is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
“Suitable for combat” and “violent behaviour” are defined in section 10.
For the purposes of this Act, an indication or suggestion that a knife is suitable for combat may, in particular, be given or made by a name or description—
applied to the knife;
on the knife or on any packaging in which it is contained; or
included in any advertisement which, expressly or by implication, relates to the knife.
For the purposes of this Act, a person markets a knife if—
he sells or hires it;
he offers, or exposes, it for sale or hire; or
he has it in his possession for the purpose of sale or hire.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.
A person is guilty of an offence if he publishes any written, pictorial or other material in connection with the marketing of any knife and that material—
indicates, or suggests, that the knife is suitable for combat; or
is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.
It is a defence for a person charged with an offence under section 1 to prove that—
the knife was marketed—
for use by the armed forces of any country;
as an antique or curio; or
as falling within such other category (if any) as may be prescribed;
it was reasonable for the knife to be marketed in that way; and
there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the way in which it was marketed would use it for an unlawful purpose.
It is a defence for a person charged with an offence under section 2 to prove that—
the material was published in connection with marketing a knife—
for use by the armed forces of any country;
as an antique or curio; or
as falling within such other category (if any) as may be prescribed;
it was reasonable for the knife to be marketed in that way; and
there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the publishing of the material would use it for an unlawful purpose.
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
It is a defence for a person charged with an offence under section 1 to prove that he did not know or suspect, and had no reasonable grounds for suspecting, that the way in which the knife was marketed—
amounted to an indication or suggestion that the knife was suitable for combat; or
was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
It is a defence for a person charged with an offence under section 2 to prove that he did not know or suspect, and had no reasonable grounds for suspecting, that the material—
amounted to an indication or suggestion that the knife was suitable for combat; or
was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
It is a defence for a person charged with an offence under section 1 or 2 to prove that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting— the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the knives and seize and remove any that he finds.
that a person (“the suspect”) has committed an offence under section 1 in relation to knives of a particular description, and
that knives of that description and in the suspect’s possession or under his control are to be found on particular premises,
If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting— the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the publications and seize and remove any that he finds.
that a person (“the suspect”) has committed an offence under section 2 in relation to particular material, and
that publications consisting of or containing that material and in the suspect’s possession or under his control are to be found on particular premises,
A constable, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.
Any knives or publications which have been seized and removed by a constable under a warrant issued under this section may be retained until the conclusion of proceedings against the suspect.
For the purposes of this section, proceedings in relation to a suspect are concluded if—
he is found guilty and sentenced or otherwise dealt with for the offence;
he is acquitted;
proceedings for the offence are discontinued; or
it is decided not to prosecute him.
In this section “premises” includes any place and, in particular, any vehicle, vessel, aircraft or hovercraft and any tent or movable structure.
If a person is convicted of an offence under section 1 in relation to a knife of a particular description, the court may make an order for forfeiture in respect of any knives of that description—
seized under a warrant issued under section 5; or
in the offender’s possession or under his control at the relevant time.
If a person is convicted of an offence under section 2 in relation to particular material, the court may make an order for forfeiture in respect of any publications consisting of or containing that material which—
have been seized under a warrant issued under section 5; or
were in the offender’s possession or under his control at the relevant time.
The court may make an order under subsection (1) or (2)—
whether or not it also deals with the offender in respect of the offence in any other way; and
without regard to any restrictions on forfeiture in any enactment.
In considering whether to make an order, the court must have regard—
to the value of the property; and
to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
In this section “relevant time”—
in relation to a person convicted in England and Wales or Northern Ireland of an offence under section 1 or 2, means the time of his arrest for the offence or of the issue of a summons in respect of it;
in relation to a person so convicted in Scotland, means the time of his arrest for the offence or of his being cited as an accused in respect of it.
An order under section 6 (a “forfeiture order”) operates to deprive the offender of his rights, if any, in the property to which it relates.
The property to which a forfeiture order relates must be taken into the possession of the police (if it is not already in their possession).
The court may, on an application made by a person who— make an order (a “recovery order”) for delivery of the property to the applicant if it appears to the court that he owns it.
claims property to which a forfeiture order applies, but
is not the offender from whom it was forfeited,
An application to a sheriff must be made in such manner as may be prescribed by act of adjournal.
No application may be made after the end of the period of 6 months beginning with the date on which the forfeiture order was made.
No application may succeed unless the claimant satisfies the court—
that he had not consented to the offender having possession of the property; or
that he did not know, and had no reason to suspect, that the offence was likely to be committed.
If a person has a right to recover property which is in the possession of another in pursuance of a recovery order, that right—
is not affected by the making of the recovery order at any time before the end of the period of 6 months beginning with the date on which the order is made; but
is lost at the end of that period.
The Secretary of State may make regulations, in relation to property forfeited under this section, for disposing of the property and dealing with the proceeds in cases where—
no application has been made before the end of the period of 6 months beginning with the date on which the forfeiture order was made; or
no such application has succeeded.
The regulations may also provide for investing money and auditing accounts.
In this section, “application” means an application under subsection (3).
Section 60 of the Criminal Justice and Public Order Act 1994 (powers to stop and search in anticipation of violence) is amended as follows.
For subsection (1) substitute—
Subsection (2) (exercise by chief inspector or inspector of power to give authorisation) is repealed.
In subsection (3) (continuation of authorisation)—
for “the officer who gave the authorisation or to a” substitute “ an officer of or above the rank of ”;
for “incident” substitute “ activity ”;
for “six” substitute “ 24 ”.
After subsection (3) insert—
In subsection (9) (matters to be specified in authorisations) after “specify” insert “ the grounds on which it is given and ”.
In subsection (10), the words from “and similarly” to the end of the subsection are repealed.
After subsection (10) insert—
In subsection (11), in the definition of “offensive weapon”, after “Act 1984” insert “ or, in relation to Scotland, section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 ”.
After subsection (11) insert—
Section 60 of the Act of 1994 is to extend to Scotland; and accordingly in section 172(8) of that Act (list of provisions that extend to Scotland), for “61 to 67” substitute “ 60 to 67 ”.
If an offence under this Act committed by a body corporate is proved— he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer, or
to be attributable to any neglect on his part,
In subsection (1) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
If an offence under this Act committed by a partnership in Scotland is proved— he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on his part,
In this Act—
“suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury;
“violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury.
in relation to England and Wales or Northern Ireland, the Crown Court or a magistrate’s court;
“suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury;
“marketing” and related expressions are to be read with section 1(4);
“publication” includes a publication in electronic form and, in the case of a publication which is, or may be, produced from electronic data, any medium on which the data are stored;
“violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury.
This Act may be cited as the Knives Act 1997.
This section comes into force on the passing of this Act.
The other provisions of this Act come into force on such date as may be appointed by order made by the Secretary of State; but different dates may be appointed for different provisions and for different purposes.
Any such order may include such transitional provisions or savings as the Secretary of State considers appropriate.
The power— is exercisable by statutory instrument.
to make regulations under section 3 or 7, or
to make an order under this section,
A statutory instrument made under section 3 or 7 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Except for section 8, this Act extends to Northern Ireland.
In its application to Northern Ireland, this Act has effect with the following modifications—
any reference in section 3 or 7 to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
any power of the Department of Justice to make regulations under section 3 or 7 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument); and
regulations made by the Department of Justice under section 3 or 7 shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).