Violent Crime Reduction Act 2006 (c. 38)

(The document as of February, 2008)

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Knives, etc.

42 Increase of maximum sentences for offences of having knives etc.

(1) In each of the following provisions of the Criminal Justice Act 1988 (c. 33), for "two" substitute "four"--

(a) section 139(6)(b) (maximum penalty for offence of having knife etc. in public place);

(b) section 139A(5)(a)(ii) (maximum penalty for offence of having knife etc. or offensive weapon on school premises).

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

43 Sale etc. of knives and other weapons

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

(2) In section 141A(1) (prohibition on sale of knives etc. to persons under sixteen), for "sixteen" substitute "eighteen".

(3) 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".

(4) After subsection (11) of that section insert--

" (11A) It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies--

(a) with an offence under subsection (1) above, or

(b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).

(11B) Those purposes are--

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

(b) the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act);

(c) the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act).

(11C) For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) if--

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

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

(11D) The Secretary of State may by order made by statutory instrument--

(a) provide for exceptions and exemptions from the offence under subsection (1) above or from the prohibition in subsection (4) above; and

(b) provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order.

(11E) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House. "

(5) 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.

44 Sale etc. of crossbows

(1) In the Crossbows Act 1987 (c. 32), in the provisions mentioned in subsection (2), for "seventeen", in each place it occurs, substitute "eighteen".

(2) The provisions are--

(a) section 1 (sale and letting on hire);

(b) section 2 (purchase and hiring);

45 Power of members of staff to search school pupils for weapons

After section 550A of the Education Act 1996 (c. 56) insert--

" 550AA Power of members of staff to search pupils for weapons

(1) A member of the staff of a school who has reasonable grounds for suspecting that a pupil at the school may have with him or in his possessions--

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

(b) an offensive weapon (within the meaning of the Prevention of Crime Act 1953),

may search that pupil or his possessions for such articles and weapons.

(2) A search under this section may be carried out only where--

(a) the member of the staff and the pupil are on the premises of the school; or

(b) they are elsewhere and the member of the staff has lawful control or charge of the pupil.

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

(a) he is the head teacher of the school; or

(b) he has been authorised by the head teacher to carry out the search.

(4) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school to require a person other than a member of the security staff of the school to carry out a search under this section.

(5) A person who carries out a search of a pupil under this section--

(a) may not require the pupil to remove any clothing other than outer clothing;

(b) must be of the same sex as the pupil; and

(c) may carry out the search only in the presence of another member of the staff who is also of the same sex as the pupil.

(6) A pupil's possessions may not be searched under this section except in his presence and in the presence of another member of the staff.

(7) If, in the course of a search under this section, the person carrying out the search finds--

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

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

he may seize and retain it.

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

(9) A person who seizes anything under subsection (7) must deliver it to a police constable as soon as reasonably practicable.

(10) The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(11) 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.

(12) In this section--

‘member of the staff', in relation to a school, means--
(a)
any teacher who works at the school; and
(b)
any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;
‘member of the security staff' means a member of the staff whose work at the school consists wholly or mainly of security-related activities;
‘outer clothing' means--
(a)
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
(b)
a hat, shoes, boots, gloves or a scarf;
‘possessions', in relation to a pupil of a school, includes any goods over which he has or appears to have control.

(13) The powers conferred by this section are in addition to any powers exercisable by the member of the staff in question apart from this section and are not to be construed as restricting such powers. "

46 Power to search further education students for weapons

After section 85A of the Further and Higher Education Act 1992 (c. 13) insert--

" 85B Power to search further education students for weapons

(1) A member of staff of an institution within the further education sector who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions--

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

(b) an offensive weapon (within the meaning of the Prevention of Crime Act 1953),

may search that student or his possessions for such articles and weapons.

(2) A search under this section may be carried out only where--

(a) the member of staff and the student are on the premises of the institution; or

(b) they are elsewhere and the member of staff has lawful control or charge of the student.

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

(a) he is the principal of the institution; or

(b) he has been authorised by the principal to carry out the search.

(4) A person who carries out a search of a student under this section--

(a) may not require the student to remove any clothing other than outer clothing;

(b) must be of the same sex as the student; and

(5) A student's possessions may not be searched under this section except in his presence and in the presence of another member of staff.

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

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

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

he may seize and retain it.

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

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

(9) The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(10) An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

(11) In this section--

‘member of staff', in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
‘outer clothing' means--
(a)
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
(b)
a hat, shoes, boots, gloves or a scarf;
‘possessions', in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.

(12) The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers. "

47 Power to search persons in attendance centres for weapons

(1) A member of staff of an attendance centre who has reasonable grounds for suspecting that a relevant person may have with him or in his possessions--

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

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

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

(2) A search under this section may be carried out only where the member of staff and the relevant person are on the premises of the attendance centre.

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

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

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

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

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

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

(c) may carry out the search only in the presence of another member of staff who is also of the same sex as the relevant person.

(5) A relevant person's possessions may not be searched under this section except in his presence and in the presence of another member of staff.

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

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

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

he may seize and retain it.

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

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

(9) The Police (Property) Act 1897 (c. 30) (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(11) In this section--

"attendance centre" has the same meaning as in Part 12 of the Criminal Justice Act 2003 (c. 44) (see section 221 of that Act);
"officer in charge", in relation to an attendance centre, means the member of staff for the time being in charge of that centre;
"outer clothing" means--
(a)
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
(b)
a hat, shoes, boots, gloves or a scarf;
"possessions", in relation to a person, includes any goods over which he has or appears to have control;
"relevant person", in relation to an attendance centre, means a person who is required to attend at that centre by virtue of--
(a)
a relevant order (within the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)); or
(b)
an attendance centre order under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(12) The powers conferred by this section are in addition to any powers exercisable by the member of staff of an attendance centre in question apart from this section and are not to be construed as restricting such powers.

48 Amendment of police power to search schools etc. for weapons

In section 139B of the Criminal Justice Act 1988 (c. 33) (power of entry to search for knives etc. and offensive weapons), in subsection (1) for "believing" substitute "suspecting".

Supplemental

49 Consequential amendments relating to minimum sentences

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

50 Supplemental provisions for Part 2

(1) In this Part "the 1968 Act" means the Firearms Act 1968 (c. 27).

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

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

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

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

(d) section 58 (savings).

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

(a) this section,

(b) that section,

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

a person is in the service of Her Majesty if he is deemed to be in such service (or to be in the naval, military or air service of Her Majesty) for the purposes of and under section 54 of the 1968 Act (Crown application).

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

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

51 Corresponding provision for Northern Ireland

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

Part 3 Miscellaneous

Football

52 Football-related disorder

(1) Section 5(2) of the Football (Disorder) Act 2000 (c. 25) (which imposes a latest date of 27th August 2007 for the making of applications for football banning orders under the Football Spectators Act 1989 (c. 37) and for the exercise of constables' powers under that Act to take summary measures) shall have no effect.

(2) Schedule 3 (which amends the provisions of the Football Spectators Act 1989 relating to football banning orders and makes other amendments consequential on the amendment of that Act by this Act) has effect.

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

53 Sale and disposal of tickets by unauthorised persons

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

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

" (1) It is an offence for an unauthorised person to--

(a) sell a ticket for a designated football match, or

(b) otherwise to dispose of such a ticket to another person. "

(3) In subsection (2) of that section--

(a) in paragraph (a)--

(i) after "sell" insert "or otherwise dispose of";

(ii) omit "by the home club or";

(b) after paragraph (a) insert--

" (aa) a reference to selling a ticket includes a reference to--

(i) offering to sell a ticket;

(ii) exposing a ticket for sale;

(iii) making a ticket available for sale by another;

(iv) advertising that a ticket is available for purchase; and

(v) giving a ticket to a person who pays or agrees to pay for some other goods or services or offering to do so. " ;

(c) in paragraph (c), for "Part I of the Football Spectators Act 1989 or which is a regulated football match for the purposes of Part II of that Act" substitute "this section by order made by the Secretary of State".

(4) After subsection (2) of that section insert--

" (2A) An order under subsection (2)(c) may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order.

(2B) The power of the Secretary of State to make an order under subsection (2)(c) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

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

(6) After section 166 insert--

" 166A Supplementary provision relating to sale and disposal of tickets on internet

(1) Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services.

(2) If--

(a) a service provider established in the United Kingdom does anything in an EEA State other than the United Kingdom in the course of providing information society services, and

(b) the action, if done in England and Wales, would constitute an offence falling within section 166(1),

the service provider shall be guilty in England and Wales of an offence under that section.

(3) A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in--

(a) the transmission in a communication network of information falling within subsection (4), or

(b) the storage of information provided by a recipient of the service,

except where subsection (5) applies.

(4) Information falls within this subsection if--

(a) it is provided by a recipient of the service; and

(b) it is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.

(5) This subsection applies at any time in relation to information if--

(a) the service provider knew when that information was provided that it contained material contravening section 166; or

(b) that information is stored at that time (whether as mentioned in subsection (3)(b) or (4)) in consequence of the service provider's failure expeditiously to remove the information, or to disable access to it, upon obtaining actual knowledge that the information contained material contravening section 166.

(6) In this section--

‘the Directive' means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
‘information society services'--
(a)
has the meaning set out in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of 20 July 1998); and
(b)
is summarised in recital 17 of the Directive as covering ‘any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service';
‘EEA State' means a state which is for the time being a member State, Norway, Iceland or Liechtenstein;
‘recipient of the service' means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
‘service provider' means any person providing an information society service. "

Sexual offences

54 Forfeiture and detention of vehicles etc.

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.

55 Continuity of sexual offences law

(1) This section applies where, in any proceedings--

(a) a person ("the defendant") is charged in respect of the same conduct both with an offence under the Sexual Offences Act 2003 ("the 2003 Act offence") and with an offence specified in subsection (2) ("the pre-commencement offence");

(b) the only thing preventing the defendant from being found guilty of the 2003 Act offence is the fact that it has not been proved beyond a reasonable doubt that the time when the conduct took place was after the coming into force of the enactment providing for the offence; and

(c) the only thing preventing the defendant from being found guilty of the pre-commencement offence is the fact that it has not been proved beyond a reasonable doubt that that time was before the coming into force of the repeal of the enactment providing for the offence.

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

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

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

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

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

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

(g) an offence under section 4 or 5 of the Sexual Offences Act 1967 (procuring an man to commit buggery and living on the earnings of male prostitution);

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

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

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

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

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

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

(a) if the maximum penalty for the pre-commencement offence is less than the maximum penalty for the 2003 Act offence, a time before the coming into force of the repeal of the enactment providing for the pre-commencement offence; and

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

(4) In subsection (3) the reference, in relation an offence, to the maximum penalty is a reference to the maximum penalty by way imprisonment or other detention that could be imposed on the defendant on conviction of the offence in the proceedings in question.

(5) A reference in this section to an offence under the Sexual Offences Act 2003 (c. 42) or to an offence specified in subsection (2) includes a reference to--

(a) inciting the commission of that offence;

(b) conspiracy to commit that offence; and

and, in relation to an offence falling within paragraphs (a) to (c), a reference in this section to the enactment providing for the offence so falling has effect as a reference to the enactment providing for the offence under that Act or, as the case may be, for the offence so specified.

(6) This section applies to any proceedings, whenever commenced, other than proceedings in which the defendant has been convicted or acquitted of the 2003 Act offence or the pre-commencement offence before the commencement of this section.

56 Cross-border provisions relating to sexual offences

(1) The following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and to Northern Ireland, as well as to Scotland--

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

(b) section 18 and the Schedule, so far as they provide for the amendment of the Sexual Offences Act 2003 (c. 42) (see paragraph 3 of the Schedule, which relates to the offences in respect of which powers are exercisable under Part 2 of the 2003 Act).

(2) In section 128 of the Sexual Offences Act 2003 (offence of contravening a risk of sexual harm order or an interim order), after subsection (1) insert--

" (1A) In subsection (1) and, accordingly, in section 129(5) the references to a risk of sexual harm order and to an interim risk of sexual harm order include references, respectively--

(a) to an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (RSHOs in Scotland); and

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