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Violent Crime Reduction Act 2006 (c. 38)

(The document as of February, 2008)

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

(b) to an order under section 5 of that Act (interim RSHOs in Scotland);

and, for the purposes of this section, prohibitions imposed by an order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom. "

(3) In section 129 of that Act, in subsection (1)(a) (effect of conviction under section 128), for "under section 128" substitute "mentioned in subsection (1A)"; and after subsection (1) insert--

" (1A) Those offences are--

(a) an offence under section 128 of this Act;

(b) an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of RSHO or interim RSHO in Scotland). "

(4) Subsection (3) of section 282 of the Criminal Justice Act 2003 (c. 44) (increase of maximum sentence on summary conviction of an either way offence), so far as it applies to offences under the Sexual Offences Act 2003, applies to them as amended, extended or applied by virtue of this section.

57 Amendment of s. 82 of the Sexual Offences Act 2003

(1) In the table in section 82(1) of the Sexual Offences Act 2003 (c. 42) (notification period for persons convicted of sexual offences under requirement to notify the police about certain matters), in the entry relating to a person sentenced to imprisonment for life or for a term of 30 months or more, for "or for" substitute ", to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or to imprisonment for".

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

58 Power of entry and search of relevant offender's home address

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



" Entry and search of home address
96B Power of entry and search of relevant offender's home address

(1) If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force--

(a) to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and

(b) to search the premises for that purpose.

(2) The requirements are--

(a) that the address of each set of premises specified in the application is an address falling within subsection (3);

(b) that the relevant offender is not one to whom subsection (4) applies;

(c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and

(d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

(3) An address falls within this subsection if--

(a) it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or

(b) there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.

(4) This subsection applies to a relevant offender if he is--

(a) remanded in or committed to custody by order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(5) A warrant issued under this section must specify the one or more sets of premises to which it relates.

(6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9) In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender--

(a) who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or

(b) in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.

(10) In this section--

  • ‘the relevant force' means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

  • ‘senior police officer' means a constable of the rank of superintendent or above. "

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

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



Other

59 Limitation period for anti-social behaviour orders

(1) In section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders), after subsection (5) insert--

" (5A) Nothing in this section affects the operation of section 127 of the Magistrates' Courts Act 1980 (limitation of time in respect of informations laid or complaints made in magistrates' court). "

(2) In Article 3 of the Anti-Social Behaviour (Northern Ireland) Order 2004 (SI 2004/1988 (NI 12)) (anti-social behaviour orders), after paragraph (4) insert--

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

60 Parenting orders

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

(2) In section 8 (parenting orders)--

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

(b) after subsection (8) insert--

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

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

(4) The amendments made by subsection (2) have effect in relation to court proceedings in which an order under section 104 of the Sexual Offences Act 2003 (c. 42) is made before the passing of this Act, as well as those in which such an order is made after that.

61 Committal of young persons of unruly character

In section 23(1) of the Children and Young Persons Act 1969 (c. 54) (remand to local authority accommodation etc. of young persons of unruly character)--

(a) in paragraph (a), for "commits him for trial or" substitute "sends him for trial or commits him for";

(b) for "the remand or committal", substitute "the remand, sending or committal";

(c) for "a reference to a committal", substitute "a reference to such a sending or a committal".

62 Offering or agreeing to re-programme a mobile telephone

In section 1(1) of the Mobile Telephones (Re-programming) Act 2002 (c. 31) (offence of re-programming mobile telephone etc.), omit "or" at the end of paragraph (a) and after paragraph (b) insert--

" (c) he offers or agrees to change, or interfere with the operation of, a unique device identifier, or

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

63 Removal of sports grounds etc. from private security industry regulation

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

" (6) A relevant employee who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect.

(7) An employee for a visiting team who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if--

(a) it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect; and

(b) that visiting team is involved in the activities for which the ground is being used, or which the stand is being used to view.

(8) In subsection (7) a reference to a person being an employee for a visiting team is a reference to his being a relevant employee in relation to the visitors' ground, or in relation to a certified sports stand contained in the visitors' premises.

(9) In this section ‘a relevant employee', in relation to a certified sports ground or certified sports stand, means a person employed by--

(a) the holder of its safety certificate;

(b) a person who manages the ground or stand or occupies the premises where it is or owns an interest in those premises;

(c) a company which is in the same group as a company falling within paragraph (b).

(10) In this section a reference to the use of a certified sports ground for purposes for which the safety certificate has effect is a reference to--

(a) the use of the ground for activities specified in a general safety certificate in force in respect of the use of that ground; or

(b) the use of the ground, on an occasion specified in a special safety certificate which is so in force, for activities specified in that certificate.

(11) In this section a reference to the use of a certified sports stand for purposes for which the safety certificate has effect is a reference to--

(a) the use of the stand for viewing activities specified in a general safety certificate in force in respect of the use of that stand; or

(b) the use of the stand, on an occasion specified in a special safety certificate which is so in force, for viewing activities specified in that certificate.

(12) In this section--

  • ‘certified sports ground' means a sports ground in respect of which a safety certificate is in force;

  • ‘certified sports stand' means a sports stand in respect of which a safety certificate is in force;

  • ‘company', ‘holding company' and ‘subsidiary' have the same meanings as in section 736 of the Companies Act 1985 (c. 6);

  • ‘group', in relation to a company, means a holding company and all of its subsidiaries;

  • ‘safety certificate', ‘general safety certificate' and ‘special safety certificate'--

    (a)

    in relation to a sports ground, have the same meanings as in the Safety of Sports Grounds Act 1975 (see sections 1(4) and 17(1) of that Act); and

    (b)

    in relation to a sports stand, have the same meanings as in Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (see section 26(2) and (11) of that Act);

  • ‘sports ground' has the same meaning as in that Act of 1975 (see section 17(1) of that Act);

  • ‘sports stand' means a stand within the meaning of Part 3 of that Act of 1987 (see section 26(11) of that Act);

  • ‘visiting team', in relation to a certified sports ground (‘the home ground') or a certified sports stand contained in any premises (‘the home premises') means a team which uses as its base, or as one of its bases, any premises which are either--

    (a)

    a certified sports ground which is not the home ground (‘the visitors' ground'); or

    (b)

    premises which are not the home premises and which contain a certified sports stand (‘the visitors' premises');

  • ‘visitors' ground' and ‘visitors' premises', in relation to a visiting team, have the meanings given by the previous definition. "



Part 4 General

64 Expenses

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.

65 Repeals

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

66 Short title, commencement and extent

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

(2) This Act, other than--

(a) this section;

(b) section 25;

(c) section 56;

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

(e) section 63,

shall come into force on such day as the relevant national authority may by order made by statutory instrument appoint; and different days may be appointed for different purposes, including different areas.

(3) In subsection (2) "the relevant national authority"--

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

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

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

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

(b) the repeals by Schedule 5 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) and of the enactments amending that Act extend to England and Wales only;

(c) the repeal by that Schedule of section 141(3) of the Criminal Justice Act 1988 (c. 33) extends to England and Wales and Northern Ireland only;

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

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

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

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

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

SCHEDULES

Section 49

SCHEDULE 1 Consequential amendments relating to minimum sentences

Magistrates' Courts Act 1980 (c. 43)

1 In section 24(1B) of the Magistrates' Courts Act 1980 (exceptions to summary trial for indictable offences of persons aged under 18), omit the "or" at the end of paragraph (a) and, at the end of paragraph (b), insert " or

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

Mental Health Act 1983 (c. 20)

2 In section 37(1A) of the Mental Health Act 1983 (provisions that do not prevent a court from ordering hospital admission), omit the "or" at the end of paragraph (b) and, at the end of paragraph (c), insert " or

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

Criminal Justice Act 1988 (c. 33)

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

(2) In section 36 (review of failure to impose mandatory sentence), in subsection (2)(b) omit the "or" at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert " or

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

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

" (aa) the reference to section 51A(2) of the Firearms Act 1968 shall be construed as a reference to Article 70(2) of the Firearms (Northern Ireland) Order 2004;

(ab) the reference to section 29(4) or (6) of the Violent Crime Reduction Act 2006 shall be construed as a reference to paragraph 2(4) or (5) of Schedule 2 to that Act; and " .

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

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

(2) In section 49(3) (reference or remit to children's hearing), in the exception, for the words from "the circumstances" to "1968" substitute "section 51A of the Firearms Act 1968 or section 29 of the Violent Crime Reduction Act 2006 applies".

(3) In section 207 (detention of young offenders)--

(a) after subsection (3) insert--

" (3A) Subsections (2) and (3) above are subject to--

(a) section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and

(b) section 29(8) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons). " ;

(b) after subsection (4A) insert--

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

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

" (2) Subsection (1) above is subject to--

(a) section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and

(b) section 29(9) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons). "

Crime and Disorder Act 1998 (c. 37)

5 In section 51A(12) of the Crime and Disorder Act 1998 (cases in which persons aged under 18 must be sent for trial to the Crown Court), omit the "or" at the end of paragraph (a) and, at the end of paragraph (b), insert " or

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

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

6 In each of --

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

(b) section 130(2) of that Act (cases in which compensation orders may be made only in addition to, and not instead of, dealing with a convicted person in other ways), and

(c) section 146(2) of that Act (cases in which a driving disqualification may be imposed only in addition to, and not instead of, dealing with a convicted person in other ways),

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

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

(2) After subsection (1A) of that section insert--

" (1B) Subsection (3) below also applies where--

(a) a person aged under 18 is convicted on indictment of an offence under the Firearms Act 1968 that is listed in section 51A(1A)(b), (e) or (f) of that Act and was committed in respect of a firearm or ammunition specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of that Act;

(b) the offence was committed after the commencement of section 30 of the Violent Crime Reduction Act 2006 and for the purposes of section 51A(3) of the Firearms Act 1968 at a time when he was aged 16 or over; and

(c) the court is of the opinion mentioned in section 51A(2) of the Firearms Act 1968.

(1C) Subsection (3) below also applies where--

(a) a person aged under 18 is convicted of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon);

(b) section 29(3) of that Act applies (minimum sentences in certain cases); and

(c) the court is of the opinion mentioned in section 29(6) of that Act (exceptional circumstances which justify not imposing the minimum sentence). "

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

" (a) subsection (2) of section 51A of the Firearms Act 1968, or

(b) subsection (6) of section 29 of the Violent Crime Reduction Act 2006,

requires the imposition of a sentence of detention under this section for a term of at least the term provided for in that section, the court shall sentence the offender to be detained for such period, of at least the term so provided for " .

8 In section 164(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (interpretation of references to certain sentences), omit the "or" at the end of paragraph (b) and, at the end of paragraph (c), insert " or

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

Criminal Justice Act 2003 (c. 44)

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

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

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

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

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

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

(6) In section 174(3)(b) (cases in which there is no obligation to state the reasons for a custodial sentence), for "or under subsection (2) of section 110 or 111 of the Sentencing Act" substitute ", under subsection (2) of section 110 or 111 of the Sentencing Act or under section 29(4) or (6) of the Violent Crime Reduction Act 2006".

(7) In section 291(1), after paragraph (a) (power to confine the application of section 51A of the Firearms Act 1968 to persons aged 18 or over) insert--

" (aa) amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word ‘16' the word ‘18', " .

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

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



Section 51

SCHEDULE 2 Weapons etc.: corresponding provisions for Northern Ireland

Using someone to mind a weapon

1 (1) A person is guilty of an offence if--

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

(b) he does so under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapon's being available to him for an unlawful purpose.

(2) For the purposes of this paragraph the cases in which a dangerous weapon is to be regarded as available to a person for an unlawful purpose include any case where--

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

(b) his possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence.

(3) In this paragraph "dangerous weapon" means--

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

(b) a weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) or Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) applies (specified offensive weapons, knives and bladed weapons).

(4) In sub-paragraph (3)(a) "exempt air gun" means an air gun to which paragraph 9(1) of Schedule 1 of the Firearms Order applies (air guns for which firearm certificate not required).

Penalties etc. for offence under paragraph 1

2 (1) This paragraph applies where a person ("the offender") is guilty of an offence under paragraph 1.

(2) Where the dangerous weapon in respect of which the offence was committed is a weapon to which section 141 of the Criminal Justice Act 1988 (specified offensive weapons) or Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (knives and bladed weapons) applies, the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

(3) Where--

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

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

the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.

(4) On a conviction where--

(a) sub-paragraph (3) applies, and

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

the court must impose (with or without a fine) a term of imprisonment of not less than 5 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(5) On a conviction where--

(a) sub-paragraph (3) applies, and

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

the court must impose (with or without a fine) a term of detention in a young offenders centre of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(6) In any case not mentioned in sub-paragraph (2) or (3), the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

(7) Where--

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

(b) at the time of the offence the offender was aged 18 or over and the person used to look after, hide or transport the weapon was not,

the court must treat the fact that that person was under the age of 18 at that time as an aggravating factor (that is to say, a factor increasing the seriousness of the offence).

(8) Where a court treats a person's age as an aggravating factor in accordance with sub-paragraph (7), it must state in open court that the offence was aggravated as mentioned in that sub-paragraph.

(9) Where--

(a) an offence under paragraph 1 of using another person for a particular purpose is found to have involved that other person's having possession of a weapon, or being able to make it available, over a period of two or more days, or at some time during a period of two or more days, and

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

the question whether sub-paragraph (3) applies or (as the case may be) the question whether the offence was aggravated under this paragraph is to be determined as if the offence had been committed on that day.

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

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

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

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

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

(b) in each of --

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

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

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

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

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

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

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

after "Article 70(2) of the Firearms (Northern Ireland) Order 2004" insert "or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006".

Minimum sentence for certain firearms offences

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

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

(a) in sub-paragraph (a)(iii) for "and" substitute "or";

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

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

(3) After paragraph (1) of that Article insert--

" (1A) The provisions are--

(a) Article 58 (possession of a firearm with intent);

(b) Article 59 (use of firearm to resist arrest);

(c) Article 60 (carrying a firearm with criminal intent);

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