Model of Decision-making for regulation of informal building structures
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A drinking banning order is an order that prohibits the individual against whom it is made (“the subject”) from doing the things described in the order.
Such an order may impose any prohibition on the subject which is necessary for the purpose of protecting other persons from criminal or disorderly conduct by the subject while he is under the influence of alcohol.
The prohibitions imposed by such an order must include such prohibition as the court making it considers necessary, for that purpose, on the subject’s entering—
premises in respect of which there is a premises licence authorising the use of the premises for the sale of alcohol by retail; and
premises in respect of which there is a club premises certificate authorising the use of the premises for the supply of alcohol to members or guests.
A drinking banning order may not impose a prohibition on the subject that prevents him—
from having access to a place where he resides;
from attending at any place which he is required to attend for the purposes of any employment of his or of any contract of services to which he is a party;
from attending at any place which he is expected to attend during the period for which the order has effect for the purposes of education or training or for the purpose of receiving medical treatment; or
from attending at any place which he is required to attend by any obligation imposed on him by or under an enactment or by the order of a court or tribunal.
Expressions used in subsection (3) and in the Licensing Act 2003 (c. 17) or in a Part of that Act have the same meanings in that subsection as in that Act or Part.
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A drinking banning order has effect for a period specified in the order (“the specified period”), which must be not less than two months and not more than two years.
A drinking banning order may provide that different prohibitions contained in the order have effect for different periods; but, in each case, the period (“the prohibition period”) must be not less than two months and not more than two years.
A drinking banning order may include provision for— to cease to have effect before the end of the specified period or the prohibition period if the subject satisfactorily completes the approved course specified in the order.
the order, or
a prohibition contained in it,
Provision under subsection (3) must fix the time at which the order or the prohibition will cease to have effect if the subject satisfactorily completes the specified approved course as whichever is the later of—
the time specified in the order in accordance with subsection (5); and
the time when he does satisfactorily complete that course.
The time specified for the purposes of subsection (4)(a) must be a time after the expiry of at least half the specified period or (as the case may be) the prohibition period.
Provision under subsection (3) may be included in a drinking banning order only if—
the court making the order is satisfied that a place on the specified approved course will be available for the subject; and
the subject has agreed to the inclusion of the provision in question in the order.
Before making provision under subsection (3), the court must inform the subject in ordinary language (whether in writing or otherwise) about—
the effect of including the provision in the order;
what, in general terms, attendance on the course will involve if he undertakes it;
any fees he will be required to pay for the course if he undertakes it; and
when he will have to pay any such fees.
Where a court makes a drinking banning order which does not include provision under subsection (3), it must give its reasons for not including such provision in open court.
The Secretary of State may by regulations amend subsection (5) so as to modify the earliest time (after the completion of the specified approved course) when by virtue of that subsection— may cease to have effect.
a drinking banning order, or
a prohibition contained in such an order,
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An application to a magistrates' court for the making of a drinking banning order against an individual may be made by a relevant authority if—
it appears to the authority that the conditions in subsection (2) are satisfied with respect to the individual; and
the individual is aged 16 or over.
The conditions are—
that the individual has, after the commencement of this section, engaged in criminal or disorderly conduct while under the influence of alcohol; and
that such an order is necessary to protect other persons from further conduct by him of that kind while he is under the influence of alcohol.
An application under this section to a magistrates' court has to be made by complaint.
Before making an application under this section, a relevant authority must consult the appropriate persons.
If, on an application under this section with respect to an individual, it is proved that the conditions in subsection (2) are satisfied in his case, the magistrates' court may make a drinking banning order against him.
Nothing in this section affects the operation of section 127 of the Magistrates' Courts Act 1980 (c. 43) (limitation of time in respect of informations laid or complaints made in magistrates' court).
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This section applies where proceedings have been brought in a county court.
If a relevant authority— it may make an application in the proceedings for a drinking banning order against the individual.
is a party to the proceedings, and
considers that another party to the proceedings is an individual in relation to whom it would be reasonable for it to make an application under section 3,
If a relevant authority— it may make an application to be joined to those proceedings for the purposes of this section and (if it is joined) may apply for a drinking banning order against the individual.
is not a party to the proceedings, and
considers that a party to the proceedings is an individual in relation to whom it would be reasonable for it to make an application under section 3,
Subsection (5) applies if a relevant authority is a party to the proceedings and considers that—
an individual who is not a party to the proceedings has engaged in criminal or disorderly conduct while under the influence of alcohol; and
that conduct is material in relation to the proceedings.
The relevant authority—
may make an application for the individual to be joined for the purposes of this section; and
if that individual is joined, may apply for a drinking banning order against him.
A relevant authority must consult the appropriate persons—
before making an application for a drinking banning order under subsection (2);
before making an application to be joined to proceedings under subsection (3);
before making an application to join an individual to proceedings under subsection (5).
If, on an application under this section for a drinking banning order against an individual— the court may make a drinking banning order against him.
it is proved that the conditions in section 3(2) are satisfied in relation to the individual, and
his criminal or disorderly conduct while under the influence of alcohol is material in relation to the proceedings,
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This section applies to a drinking banning order made under section 3 or 4.
The following persons may apply to the court which made the order for it to be varied or discharged by a further order—
the subject;
the relevant authority on whose application the order was made.
In the case of an order under section 3 made by a magistrates' court, the reference in subsection (2) to the court which made the order includes a reference to a relevant local court.
An application under subsection (2) to a magistrates' court has to be made by complaint.
The order may not be varied so as to extend the specified period to more than two years.
The order may not be discharged unless—
it is discharged from a time after the end of the period that is half the duration of the specified period; or
the relevant authority on whose application the order was made has consented to its earlier discharge.
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This section applies where—
an individual aged 16 or over is convicted of an offence (the “offender”); and
at the time he committed the offence, he was under the influence of alcohol.
The court must consider whether the conditions in section 3(2) are satisfied in relation to the offender.
If the court decides that the conditions are satisfied in relation to the offender, it may make a drinking banning order against him.
If the court— it must give its reasons for not doing so in open court.
decides that the conditions are satisfied in relation to the offender, but
does not make a drinking banning order,
If the court decides that the conditions are not satisfied in relation to the offender, it must state that fact in open court and give its reasons.
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For the purpose of deciding whether to make a drinking banning order under section 6 the court may consider evidence led by the prosecution and evidence led by the defence.
It is immaterial whether the evidence would have been admissible in the proceedings in which the offender was convicted.
A drinking banning order under section 6 must not be made except—
in addition to a sentence imposed in respect of the offence; or
in addition to an order discharging the offender conditionally.
The court may adjourn any proceedings in relation to a drinking banning order under section 6 even after sentencing the offender.
If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.
But the court may not issue a warrant for the offender’s arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.
A drinking banning order under section 6 takes effect on—
the day on which it is made; or
if on that day the offender is detained in legal custody, the day on which he is released from that custody.
Subsection (9) applies in relation to proceedings in which a drinking banning order is made under section 6 against a young person.
In so far as the proceedings relate to the making of the order—
section 49 of the Children and Young Persons Act 1933 (c. 12) (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the young person against whom the order is made; and
section 39 of that Act (power to prohibit publication of certain matters) does so apply.
In section 3(2)(fa) of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director), after the first occurrence of “conviction of certain offences)” insert “, section 6 of the Violent Crime Reduction Act 2006 (orders on conviction in criminal proceedings)”.
In this section and section 6 “the court” in relation to an offender means—
the court by or before which he is convicted of the offence; or
if he is committed to the Crown Court to be dealt with for the offence, the Crown Court.
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the subject;
the Director of Public Prosecutions; or
a relevant authority.
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it is discharged from a time after the end of the period that is half the duration of the specified period; or
the Director of Public Prosecutions has consented to its earlier discharge.
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This section applies in each of the following cases—
where an application is made for a drinking banning order;
where the court is required under section 6 to consider whether the conditions for making a drinking banning order are satisfied.
Before— the court may make an order under this section (“an interim order”) if it considers that it is just to do so.
determining the application, or
considering whether the conditions are satisfied,
Where this section applies by virtue of subsection (1)(a), an application for an interim order against an individual—
may be made without notice being given to that individual; and
may be heard in the absence of that individual.
The following permission is required for the making or hearing of an application in accordance with subsection (3)—
in the case of proceedings in the county court, the permission of the court; and
in the case of an application to a magistrates' court, the permission of the proper officer.
Permission may only be given under subsection (4) if the court or proper officer is satisfied—
that it is necessary for the application to be made without notice being given to the individual in question; and
that it is not necessary for the application to be heard in the presence of the individual.
An interim order—
may contain any provision that may be contained in a drinking banning order; but
has effect, unless renewed, only for such fixed period of not more than four weeks as may be specified in the order.
An interim order—
may be renewed (on one or more occasions) for a period of not more than four weeks from the end of the period when it would otherwise cease to have effect;
must cease to have effect (if it has not previously done so) on the determination of the application mentioned in subsection (1)(a) or on the court’s making its decision whether to make a drinking banning order under section 6.
Section 5 applies in relation to an interim order made in a case falling within subsection (1)(a) as it applies in relation to a drinking banning order made under section 3 or 4, but with the omission of section 5(5) and (6).
Section 8 applies in relation to an interim order made in a case falling within subsection (1)(b) as it applies in relation to a drinking banning order made under section 6, but with the omission of section 8(5) and (6).
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An appeal lies to the Crown Court against the making by a magistrates' court of a drinking banning order under section 3 or 6.
On such an appeal the Crown Court—
may make such orders as may be necessary to give effect to its determination of the appeal;
may also make such incidental or consequential orders as appear to it to be just.
An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall be treated for the purposes of sections 5 and 8 as an order of the magistrates' court from which the appeal was brought.
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If the subject of a drinking banning order or of an interim order does, without reasonable excuse, anything that he is prohibited from doing by the order, he is guilty of an offence.
A person guilty of an offence under subsection (1) shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
If a person is convicted of an offence under subsection (1), it is not open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
A local authority may bring proceedings for an offence under subsection (1).
The Secretary of State may by order provide that a person of a description specified in the order may bring proceedings for an offence under subsection (1) in such cases and such circumstances as may be prescribed by the order.
In proceedings for an offence under subsection (1), a copy of the original drinking banning order or interim order, certified as such by the proper officer of the court which made it, is admissible as evidence— to the same extent that oral evidence of those things is admissible in those proceedings.
of its having been made, and
of its contents,
If proceedings for an offence under subsection (1) are brought in a youth court, section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if the persons entitled to be present for the purposes of those proceedings included one person authorised to be present by a relevant authority.
In relation to proceedings brought against a young person for an offence under subsection (1)—
section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the young person against whom the proceedings are brought; and
section 45 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (power to restrict reporting on criminal proceedings involving persons under 18) does so apply.
If, in relation to any such proceedings, the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it must give its reasons for doing so.
Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, until section 45 of that Act comes into force, the references to it in this section are to be read as references to section 39 of the Children and Young Persons Act 1933 (power to prohibit publication of certain matters).
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If an application is made to the Secretary of State for the approval of a course for the purposes of section 2, he must decide whether to grant or refuse the application.
In reaching that decision the Secretary of State—
must have regard to the nature of the course and to whether the person providing it is an appropriate person both to provide it and efficiently and effectively to administer its provision; and
may take into account any recommendations made by persons appointed by the Secretary of State to consider the application.
A course may be approved subject to conditions specified by the Secretary of State.
The approval of a course—
is for the period specified by the Secretary of State (which must not exceed 7 years); and
may be withdrawn by him at any time.
Regulations made by the Secretary of State may make provision in relation to the approval of courses and may, in particular, include—
provision about the making of applications for approval;
provision for the payment of fees, of such amounts as are prescribed by the regulations, in respect of applications for approval, the giving of approvals, or both;
provision specifying the maximum fees that a person may be required to pay for a course and about when fees for courses have to be paid;
provision for the monitoring of courses and of persons providing courses;
provision about the withdrawal of approvals; and
provision authorising the Secretary of State (whether on payment of a fee or otherwise) to make available information about courses and about persons providing courses.
The Secretary of State—
may issue guidance about the conduct of approved courses; and
in exercising the powers and duties conferred or imposed on him by or under subsections (1) to (5) must have regard to the guidance under this subsection that is for the time being in force.
Also, a court must have regard to that guidance in determining what for the purposes of section 13 constitutes reasonable instructions or reasonable requirements by a person providing an approved course.
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For the purposes of section 2—
the subject of a drinking banning order is to be regarded as having completed an approved course satisfactorily if, and only if, the person providing the course has given a certificate that the subject has done so; and
the time at which the subject is to be regarded as having satisfactorily completed the course is the time when that certificate is received by the proper officer of the court that made the order.
For the purposes of this section a certificate that a person has satisfactorily completed a course— as may be specified in, or determined under, regulations made by the Secretary of State.
has to be in such form, and
has to contain such particulars,
The person providing an approved course must give the subject of a drinking banning order in which that course is specified a certificate for the purposes of this section unless that subject—
has failed to make due payment of fees for the course;
has failed to attend the course in accordance with the reasonable instructions of the person providing the course; or
has failed to comply with any other reasonable requirement of that person.
Where a person providing an approved course decides not to give the subject of a drinking banning order a certificate under subsection (1), he must give the subject written notice of the decision, setting out the grounds of the decision.
The obligation of the person providing an approved course to give, in the case of the subject of a drinking banning order in which that course is specified, either— must be discharged before the end of 14 days beginning with the day on which any request to do so is made by that subject.
a certificate for the purposes of this section, or
a notice under subsection (4),
The subject of a drinking banning order who is given a notice under subsection (4) or who claims that a request for the purposes of subsection (5) has not been complied with may, within such period as may be prescribed by rules of court, apply to— for a declaration that there has been a contravention of subsection (3).
the court which made the order, or
if that court is not the Crown Court or a relevant local court, to either the court which made the order or a relevant local court,
If the court grants the application, the applicant is to be treated for the purposes of section 2 as having satisfactorily completed the course at the time of the making of the declaration.
The Secretary of State may by regulations make provision as to—
the form of a notice under subsection (4); and
the manner in which such a notice is given and the time to be taken as the time of the giving of such a notice.
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In this Chapter—
“specified period”, in relation to a drinking banning order, means the period specified in the order for the purposes of section 2(1) as the period for which the order is to have effect;
a London borough council;
was a firearm; but
the chief officer of police of a police force for a police area;
the Chief Constable of the British Transport Police Force;
“real firearm” means—
a youth rehabilitation order under Chapter 1 of Part 9 of that Code;
“relevant person”, in relation to an attendance centre, means a person who is required to attend at that centre by virtue of—
The Criminal Justice Act 2003 is amended as follows. 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) ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 ”. 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 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“possessions”, in relation to a person, includes any goods over which he has or appears to have control;
“de-activated firearm” means an imitation firearm that consists in something which—
was a firearm; but
a county council or a county borough council in Wales;
“officer in charge”, in relation to an attendance centre, means the member of staff for the time being in charge of that centre;
References in this Chapter to protecting persons from criminal or disorderly conduct include references to protecting their property from unlawful loss or damage.
The Secretary of State may by order provide that a person of a description specified in the order is to be regarded as a relevant authority for such purposes of the provisions of this Chapter as are specified in the order.
A power of the Secretary of State to make an order or regulations under this Chapter shall be exercisable by statutory instrument.
Every such 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.
No regulations shall be made under section 2 unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
A statutory instrument containing— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
regulations under section 12 or 13, or
an order under section 11 or this section,
The power under subsection (5) to make incidental, supplemental and consequential provision includes power to modify so much of this section as defines “appropriate persons”.
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The Secretary of State may, by regulations, make provision for the imposition by a local authority of charges to be paid to the authority for each month by—
persons who for the whole or a part of that month held premises licences authorising the use of premises in alcohol disorder zones in the authority’s area for the sale of alcohol by retail; and
clubs which for the whole or a part of that month were authorised by virtue of club premises certificates to use premises in such zones for the supply of alcohol to members or guests.
The Secretary of State may by regulations make provision requiring a local authority that impose charges by reference to an alcohol disorder zone to use sums received by them in respect of those charges for the purposes specified in or determined under the regulations.
The rates of charges fixed under this section must be such as the Secretary of State considers appropriate for securing that the funds that he considers appropriate are available (after the costs of the scheme have been met from the charges) to be used for any purposes specified or determined under subsection (2).
Regulations under this section fixing the rates of charges may fix different rates for different descriptions of local authority, different descriptions of alcohol disorder zones and different descriptions of premises and may do so either—
by setting out the different rates in the regulations; or
by specifying the methods of computing the different rates in the regulations.
Regulations under this section fixing such rates—
may authorise or require a local authority to grant discounts from the charges; and
must provide for exemptions from the charges for the purpose mentioned subsection (6).
The only exemptions from charges for which regulations under this section may provide are exemptions for the purpose of securing that charges are not imposed in relation to premises where—
the principal use to which the premises are put does not consist in or include the sale or supply of alcohol; and
the availability of alcohol on those premises is not the main reason, or one of the main reasons, why individuals enter or remain on those premises (whether generally or at particular times of the day or on particular days of the week, or both).
Regulations providing for a discount or exemption from charges may make a discount or exemption subject to compliance with conditions which— and those conditions may include conditions requiring approvals to be given in respect of premises by such persons, and in accordance with such scheme, as may be provided for in the regulations.
are set out in the regulations; or
are specified by the local authority in accordance with provision made under the regulations;
The Secretary of State may by regulations make provision about—
the payment, collection and enforcement of charges imposed in accordance with regulations under this section;
the determination of questions about liability for such charges, about the rate of charge applicable in relation to a particular set of premises or about compliance with the conditions of any exemption or discount; and
appeals against decisions determining such questions.
Such regulations may include provision—
for interest to be charged at such rate and in such manner as may be specified in or determined under the regulations on charges that are overdue; and
for the suspension of premises licences and club premises certificates for non payment of a charge.
In subsection (3) the reference, in relation to any charges, to the costs of the scheme is a reference to the costs of the arrangements made for or in connection with the imposition, collection and recovery of those charges.
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A local authority may by order designate a locality in their area as an alcohol disorder zone if they are satisfied—
that there has been nuisance or annoyance to members of the public, or a section of the public, or disorder, in or near that locality;
that the nuisance, annoyance or disorder is associated with the consumption of alcohol in that locality or with the consumption of alcohol supplied at premises in that locality;
that there is likely to be a repetition of nuisance, annoyance or disorder that is so associated; and
that subsection (8) allows the making of the order.
Before designating a locality as an alcohol disorder zone, a local authority must publish a notice—
setting out their proposal to designate the locality; and
inviting persons interested to make representations about the proposal, and about what might be included in the action plan under subsection (4).
That notice must require the representations to be made before the end of the period of 28 days beginning with the day after publication of the notice.
As soon as reasonably practicable after the end of the period for making representations about a proposal by a local authority to designate a locality, the local authority and the local chief officer of police must—
prepare a document (“the action plan”) setting out the steps the taking of which would, in their opinion, make the designation of the locality unnecessary;
publish the action plan in such manner as they consider appropriate for bringing it to the attention of persons likely to be interested in it; and
send a copy of the plan to every person who holds—
a premises licence authorising the use of premises in the locality for the sale of alcohol by retail; or
a club premises certificate by virtue of which authorisation is given to the use of premises in the locality for the supply of alcohol to members or guests.
The steps set out in the action plan may include the establishment and maintenance of a scheme for the making of payments to the local authority.
The action plan must also contain proposals by— about what action they will take in relation to that locality if the plan is implemented.
the local authority in whose area the locality to which the proposed designation relates is situated, and
the local chief officer of police,
The power of the Secretary of State to make regulations under subsection (2) of section 15 shall be exercisable in relation to sums received by a local authority in accordance with a scheme established under an action plan as it is exercisable in relation to sums received by a local authority in respect of charges imposed by virtue of regulations under that section.
A local authority may only make an order designating a locality as an alcohol disorder zone if—
the period of 8 weeks beginning with the day after the publication of the action plan has expired without such steps for implementing the action plan having been taken as, in that authority’s opinion, make the designation of the locality unnecessary; or
the local authority are satisfied (whether before or after the end of that period) that the plan will not be implemented, that the steps required by the plan are no longer being taken or that effect is no longer being given to arrangements made in accordance with the plan.
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An order designating an alcohol disorder zone must identify the locality being designated either by name or, if appropriate, by describing its boundaries.
A local authority who have designated a locality as an alcohol disorder zone may by order revoke the designation.
If a local authority consider that the locality designated by an alcohol disorder zone should be varied, they may—
make a proposal for the purposes of section 16 for a replacement order designating a locality that includes the whole or part of the locality already designated; and
in any designation order made to give effect to that proposal, revoke the previous designation with effect from the coming into force of the replacement order.
The local authority who have designated a locality as an alcohol disorder zone and the local chief officer of police must— together carry out a review of the need for the designation.
as soon as reasonably practicable after the end of three months from the coming into force of the designation, and
as soon as reasonably practicable after the end of each subsequent period of three months,
On each such review the local authority and local chief officer of police must consider whether it would be appropriate for any of the powers in subsections (2) and (3) to be exercised.
The Secretary of State may make regulations which, for the purpose of supplementing the provisions of section 16 and this section, prescribe additional procedures to be followed in relation to the making or revocation of orders for the designation of a locality as an alcohol disorder zone.
Those regulations must include, in particular, provision requiring local authorities to publicise the making and effect of orders designating localities as alcohol disorder zones.
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It is the duty of a local authority to consider whether to make a proposal for the designation of a locality as an alcohol disorder zone if the local chief officer of police applies to them to do so.
If on such an application the local authority decide not to make a proposal, they must—
give notice of their decision (setting out their reasons) to the local chief officer of police; and
send a copy of that notice to the Secretary of State and to the police authority for the police area in which the locality to which the proposal relates is situated.
A local authority which— must consult that chief officer before publishing notice of their proposal.
are proposing to designate a locality as an alcohol disorder zone, and
are not doing so on an application from the local chief officer of police,
The consent of the local chief officer of police is required for the making of—
an order designating a locality as an alcohol disorder zone; or
the making of an order under section 17(2).
Where the local chief officer of police does not give a consent required by subsection (4)(a), he must give notice of his decision (setting out his reasons) to the Secretary of State and to the police authority for his police area.
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The Secretary of State—
must issue such guidance as he considers appropriate about the manner in which local authorities, police authorities and chief officers of police are to exercise and perform their powers and duties by virtue of this Chapter; and
may from time to time revise that guidance.
The guidance must include guidance about what alternative steps should be considered before a proposal is made for the designation of a locality as an alcohol disorder zone.
Before issuing or revising any guidance under this section, the Secretary of State must consult—
persons he considers represent the interests of local authorities;
persons he considers represent the interests of chief officers of police;
persons he considers represent the interests of police authorities;
persons he considers represent the interests of holders of premises licences;
persons he considers represent the interests of holders of club premises certificates; and
such other persons as he thinks fit.
It shall be the duty of every local authority, police authority and chief officer of police, in exercising their powers and duties by virtue of this Chapter, to have regard to the guidance for the time being in force under this section.
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In this Chapter—
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), insertor In subsection (9) of that section, after paragraph (a) insert—.
In each of — 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 ”.
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),
A person is guilty of an offence if— Sub-paragraph (1) has effect subject to the defences in paragraph 5. The Department of Justice may by regulations— The Secretary of State may by regulations— Regulations under sub-paragraph (2A) or (3) may— 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— 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— 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.
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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— In sub-paragraph (2)(e) “the appropriate authority” means— 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— For the purposes of this paragraph a person shall be taken to have shown a matter specified in sub-paragraph (1) or (3) if— 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— 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— In this paragraph—
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), insertor .
In paragraphs 4 and 5 “realistic imitation firearm” means an imitation firearm which— 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— In determining for the purposes of this paragraph whether an imitation firearm is distinguishable from a real firearm— The appropriate authority may by regulations provide that, for the purposes of sub-paragraph (3)(b)— In sub-paragraph (4) “the appropriate authority” means— 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— 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— In this paragraph— 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.
an attendance centre order under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
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
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 ”.
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. 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. 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. 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). 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. In sub-paragraph (9) the reference to an age requirement is a reference to either of the following— The Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) is amended as follows—
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)— This paragraph applies only to offences committed after the commencement of this paragraph.
The Football Spectators Act 1989 (c. 37) is amended as follows.
In section 23 of that Act (provisions about declarations of relevance), at the end insert—
In section 14B (banning orders made on a complaint)— 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 ”.
In section 19 (functions of enforcing authority and local police), after subsection (2E)(b) insert—
a relevant order (within the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)); or
A person is guilty of an offence if— 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— In this paragraph “dangerous weapon” means— 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).
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 ”.
In section 14F(5) (duration of banning orders), for “three” substitute “ five ” and for “two” substitute “ three ”.
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.
Expressions used in this Chapter and in the Licensing Act 2003 (c. 17) or in a Part of that Act have the same meanings in this Chapter as in that Act or Part.
References in this Chapter to premises' being in a locality (however described) include references to their being partly in that locality.
The powers of the Secretary of State to make regulations under this Chapter shall be exercisable by statutory instrument.
Those powers all include 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.
The Secretary of State must not make regulations containing (with or without other provision) any provision that he is authorised to make by this Chapter unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
Subsection (5)(b) is subject to the restriction on exemptions contained in section 15(6).
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—
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),
“closure notice” has the meaning given in section 169A;
“local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985;
“trading standards officer”, in relation to any premises to which a premises licence relates, means a person authorised by a local weights and measures authority to act in the area where those premises are situated in relation to proposed prohibitions contained in closure notices;
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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) ”.
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Section 14 of the Criminal Justice and Police Act 2001 (c. 16) (places which are not designated public places) is amended as follows.
In subsection (1)—
for paragraph (a) substitute—
in paragraph (b), after “(a)” insert “or (aa)”;
in paragraph (c), for “20” substitute “30”.
After subsection (1) insert—
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If the test in subsection (2) is satisfied in the case of an individual aged 16 or over who is in a public place, a constable in uniform may give a direction to that individual—
requiring him to leave the locality of that place; and
prohibiting the individual from returning to that locality for such period (not exceeding 48 hours) from the giving of the direction as the constable may specify.
That test is—
that the presence of the individual in that locality is likely, in all the circumstances, to cause or to contribute to the occurrence of alcohol-related crime or disorder in that locality, or to cause or to contribute to a repetition or continuance there of such crime or disorder; and
that the giving of a direction under this section to that individual is necessary for the purpose of removing or reducing the likelihood of there being such crime or disorder in that locality during the period for which the direction has effect or of there being a repetition or continuance in that locality during that period of such crime or disorder.
A direction under this section—
must be given in writing;
may require the individual to whom it is given to leave the locality in question either immediately or by such time as the constable giving the direction may specify;
must clearly identify the locality to which it relates;
must specify the period for which the individual is prohibited from returning to that locality;
may impose requirements as to the manner in which that individual leaves the locality, including his route; and
may be withdrawn or varied (but not extended so as to apply for a period of more than 48 hours) by a constable.
A constable may not give a direction under this section that prevents the individual to whom it is given—
from having access to a place where he resides;
from attending at any place which he is required to attend for the purposes of any employment of his or of any contract of services to which he is a party;
from attending at any place which he is expected to attend during the period to which the direction applies for the purposes of education or training or for the purpose of receiving medical treatment; or
from attending at any place which he is required to attend by any obligation imposed on him by or under an enactment or by the order of a court or tribunal.
A constable who gives a direction under this section must make a record of—
the terms of the direction and the locality to which it relates;
the individual to whom it is given;
the time at which it is given;
the period during which that individual is required not to return to the locality.
A person who fails to comply with a direction under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
In section 64A of the Police and Criminal Evidence Act 1984 (c. 60) (power to photograph suspects), in subsection (1B), after paragraph (c) insert—.
In this section “public place” means— and for this purpose “place” includes a place on a means of transport.
a highway; or
any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
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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subsection (3) applies, and
the offender is aged 18 or over at the time of conviction,
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subsection (3) applies, and
the offender is aged under 18 at the time of conviction,
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.
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,
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.
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).
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.
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) insertor .
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).
Section 21A Person making improper use of air weapon Summary A fine of level 3 on the standard scale Paragraphs 7 and 8 of Part II of this Schedule apply.
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, ”.
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—
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), insertor .
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), insertor
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 ”.
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— This paragraph does not apply in relation to declarations made before the commencement of paragraph 12.
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—
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—
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)) ”.
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—.
“officer in charge”, in relation to an attendance centre, means the member of staff for the time being in charge of that centre;
“real firearm” means—
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—
a relevant order (within the meaning given by section 397(1) of the Sentencing Code); or
“museum or gallery” includes any institution which—
“possessions”, in relation to a person, includes any goods over which he has or appears to have control;
In sections 36 and 37 “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 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—
“outer clothing” means—
For section 1(6) of the Football Spectators Act 1989 (c. 37) (definition of “authorised spectator”) substitute—
For the purposes of this Schedule each of the following periods is “relevant to” a football match to which this Schedule applies—
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
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—
Section 24A(1) or (2) Acquisition by a minor of an imitation firearm and supplying him. Summary In England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both.
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.
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—
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 ”.
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.
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—
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),
any rule of law under which any of the provisions of section 28, 29, 32, 36 or 39 do not bind the Crown,
In section 52 of the 1968 Act, after subsection (4) insert—
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.
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.
Sections 2 to 7 of the Football Spectators Act 1989 (the national membership scheme) shall cease to have 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—
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—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 paragraph (a), for “commits him for trial or” substitute “sends him for trial or commits him for”;
for “the remand or committal”, substitute “the remand, sending or committal”;
for “a reference to a committal”, substitute “a reference to such a sending or a committal”.
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—
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 60 and the repeal in section 18(1) of the Crime and Disorder Act 1998 (c. 37); and
section 63,
In subsection (2) “the relevant national authority”—
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
in all other cases, means the Secretary of State.
Section 49, Schedule 1, section 62 and this Part extend to the United Kingdom, except that—
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.
Sections 28 to 41 and 50 extend to Great Britain only.
Section 51 and Schedule 2 and section 59(2) extend to Northern Ireland only.
Section 54 and Schedule 4 and sections 55 to 58 extend to England and Wales and Northern Ireland only.
The other provisions of this Act extend to England and Wales only.
Section 49
has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;
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), insertor
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)— In section 208 (detention of children convicted on indictment), for subsection (2) substitute—
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—
Section 51
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)— 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.
After Article 66 of the Firearms Order insert— In Article 68 of that Order (defences), for “or 64” substitute “ , 64 or 66A ”. Article 66A(1) or (2) Acquisition by a minor of an imitation firearm and supplying him. Summary 6 months or level 5 or both.
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 ”.
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 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.
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— 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 person is guilty of an offence if— 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— 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— 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—
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.
Section 52
Section 54
The Sexual Offences Act 2003 (c. 42) is amended as follows.
After section 60 (sections 57 to 59: interpretation and jurisdiction) insert—
In section 142(2) (provisions extending to Northern Ireland), in paragraph (a) for “to 60” substitute “ to 60C ” .
Section 65 Short title and chapter Extent of repeal Firearms Act 1968 (c. 27) 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. Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) The whole Act. Magistrates' Courts Act 1980 (c. 43) In section 24(1B), the “or” at the end of paragraph (a). Mental Health Act 1983 (c. 20) In section 37(1A), the “or” at the end of paragraph (b). Criminal Justice Act 1988 (c. 33) In section 36(2)(b), the “or” at the end of sub-paragraph (ii). Section 141(3). Football Spectators Act 1989 (c. 37) In section 1— subsection (3); in subsection (4), paragraph (b) and the word “and” immediately preceding it; subsections (5) and (8A). Sections 2 to 7. 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 27— in subsection (4), the words “section 3 or”; subsection (5). Criminal Justice Act 1991 (c. 53) In Schedule 11, paragraph 23. Criminal Justice and Public Order Act 1994 (c. 33) 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). Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) In Schedule 4, paragraph 29. Data Protection Act 1998 (c. 29) In Schedule 15, paragraph 9. Crime and Disorder Act 1998 (c. 37) In section 18(1), the definition of “sex offender order”. In section 51A(12), the “or” at the end of paragraph (b). Football (Offences and Disorder) Act 1999 (c. 21) Section 2(3). Access to Justice Act 1999 (c. 22) In Schedule 13— paragraph 94; in paragraph 158, the words “7(7)(b) and”. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In section 164(3), the “or” at the end of paragraph (b). In Schedule 9, paragraph 60. Football (Disorder) Act 2000 (c. 25) Section 5(2). In Schedule 2, paragraphs 12, 13 and 20. Football (Disorder) (Amendment) Act 2002 (c. 12) The whole Act. Mobile Telephones (Re-programming) Act 2002 (c. 31) In section 1(1)(a), the word “or” at the end. Licensing Act 2003 (c. 17) In Schedule 6, paragraph 74. Anti-social Behaviour Act 2003 (c. 38) Section 37(3). In section 38, subsections (2), (4), (5)(a) to (c) and (5)(e). Courts Act 2003 (c. 39) In Schedule 8, the unnumbered paragraph after paragraph 200 and paragraph 331. Criminal Justice Act 2003 (c. 44) In section 150, the “or” at the end of paragraph (c). In Schedule 26, paragraphs 27 and 41.