Violent Crime Reduction Act 2006 (c. 38)

(The document as of February, 2008)

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(d) Article 61(1) (carrying a firearm in a public place);

(e) Article 62(1) (trespassing in a building with a firearm). "

(4) In Schedule 5 (prosecution and punishment of offences), in column 3, in paragraph (a) of the entries relating to Articles 61(1) and 62(1), after "Summary", in each place, insert "except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a)".

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

Manufacture, import and sale of realistic imitation firearms

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

(a) he manufactures a realistic imitation firearm;

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

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

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

(3) The Secretary of State may by regulations--

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

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

(4) Regulations under sub-paragraph (3) may--

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

(b) provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and

(c) confer the function of giving approvals or consents on such persons specified or described in the regulations as the Secretary of State thinks fit.

(5) The power of the Secretary of State to make regulations under sub-paragraph (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) That power includes power--

(a) to make different provision for different cases;

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

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

(8) In sub-paragraph (7) "the customs and excise Acts" has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

(9) An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

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

5 (1) It shall be a defence for a person charged with an offence under paragraph 4 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in sub-paragraph (2).

(2) Those purposes are--

(a) the purposes of a museum or gallery;

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

(c) the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);

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

(e) the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this paragraph by regulations made by the Secretary of State;

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

(3) It shall also be a defence for a person charged with an offence under paragraph 4 in respect of conduct falling within sub-paragraph (1)(d) of that paragraph to show that the conduct--

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

(b) was for the purpose of making the imitation firearm in question available to be modified in a way which would result in its ceasing to be a realistic imitation firearm.

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

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

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

(5) The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) That power includes power--

(a) to make different provision for different cases;

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

(7) In this paragraph--

"historical re-enactment" means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;
"museum or gallery" includes any institution which--
(a)
has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and
(b)
gives the public access to it.

6 (1) In paragraphs 4 and 5 "realistic imitation firearm" means an imitation firearm which--

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

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

(2) For the purposes of this paragraph, an imitation firearm is not (except by virtue of sub-paragraph (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only--

(a) by an expert;

(b) on a close examination; or

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

(a) the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and

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

(4) The Secretary of State may by regulations provide that, for the purposes of sub-paragraph (3)(b)--

(a) the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and

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

(6) That power includes power--

(a) to make different provision for different cases;

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

(7) In this paragraph--

"colour" is to be construed in accordance with sub-paragraph (9);
"de-activated firearm" means an imitation firearm that consists in something which--
(a)
was a firearm; but
(b)
has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;
"real firearm" means--
(a)
a firearm of an actual make or model of modern firearm (whether existing or discontinued); or
(b)
something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.

(8) In sub-paragraph (7) "modern firearm" means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.

(9) References in this paragraph, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.

(10) Article 2(7) of the Firearms Order (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this paragraph as it applies for the purposes of that Order.

Specification for imitation firearms

7 (1) The Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are--

(a) set out in the regulations; or

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

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

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

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

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

(d) he brings an imitation firearm which does not conform to the specifications so required of it into Northern Ireland or causes such an imitation firearm to be brought into Northern Ireland.

(3) An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

(4) Regulations under this paragraph may provide that, in proceedings for an offence under this paragraph, it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is--

(a) specified in the regulations; or

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

(5) An imitation firearm brought into Northern Ireland which does not conform to the specifications required of it by regulations under this paragraph shall be liable to forfeiture under the customs and excise Acts.

(6) In sub-paragraph (5) "the customs and excise Acts" has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

(7) The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8) That power includes power--

(a) to make different provision for different cases;

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

Supplying imitation firearms to minors

8 (1) After Article 66 of the Firearms Order insert--

" 66A Supplying imitation firearms to minors

(1) It is an offence for a person under the age of 18 to purchase an imitation firearm.

(2) It is an offence to sell an imitation firearm to a person under the age of 18.

(3) In proceedings for an offence under paragraph (2) it is a defence to show that the person charged with the offence--

(a) believed the other person to be aged 18 or over; and

(b) had reasonable ground for that belief. "

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

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

" Article 66A(1) or (2)

Acquisition by a minor of an imitation firearm and supplying him.

Summary

6 months or level 5 or both. "

Increase of maximum sentence for possessing an imitation firearm

9 (1) In the entry in Schedule 5 to the Firearms Order relating to Article 61(1) of that Order (mode of trial and punishment of possession of firearm or imitation firearm in a public place)--

(a) in paragraph (b) of column 3 (offence to be triable on indictment except in the case of an imitation firearm or air gun), omit the words "in the case of an imitation firearm or"; and

(b) in column 4, for "10 years or a fine or both" substitute "If the offence is committed in respect of an imitation firearm, 12 months or a fine, or both; in any other case, 10 years or a fine, or both."

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

Sale etc. of knives and other weapons

10 In Article 54(1) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (prohibition on sale of knives etc. to persons under 16) for "16" substitute "18".

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

(2) In subsections (5), (8) and (9) of section 141 (defences relating to museums and galleries to offence of manufacture, sale etc. of prescribed weapons), for "prove" substitute "show".

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

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

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

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

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

(11B) Those purposes are--

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

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

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

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

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

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

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

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

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

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

(4) The defence in section 141(11A) is not available in relation to so much of any charge as relates to conduct taking place before the commencement of this paragraph.

Sale etc. of crossbows

12 (1) In the Crossbows (Northern Ireland) Order 1988 (SI 1988/794 (NI 5)), in the provisions mentioned in sub-paragraph (2), for "seventeen", in each place it occurs, substitute "eighteen".

(2) The provisions are--

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

(b) Article 4 (purchase and hiring);

Amendment of police power to search schools etc. for weapons

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

Supplemental

14 (1) In this Schedule "the Firearms Order" means the Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)).

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

(3) The following provisions of the Firearms Order apply as if paragraphs 1, 2 and 4 to 7 of this Schedule were contained in that Order--

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

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

(d) Article 81 (savings).

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

(a) paragraph 5(2)(f),

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

as it applies for the purposes of Article 77.

Section 52

SCHEDULE 3 Football banning orders and football-related consequential amendments

Part 1 Football banning orders

Introductory

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

Banning orders: bail conditions

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

" (4BA) If the court adjourns or further adjourns any proceedings under subsection (4A) or (4B), the court may remand the offender.

(4BB) A person who, by virtue of subsection (4BA), is remanded on bail may be required by the conditions of his bail--

(a) not to leave England and Wales before his appearance before the court, and

(b) if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so. "

(2) In subsection (4C) of that section, omit "But" and after "a warrant" insert "under subsection (4B) above".

(3) In section 14B (banning orders on a complaint), after subsection (4) insert--

" (5) If the magistrates' court adjourns proceedings on an application under this section, the court may remand the person in respect of whom the application is made.

(6) A person who, by virtue of subsection (5) above, is remanded on bail under section 128 of the Magistrates' Courts Act 1980 may be required by the conditions of his bail--

(a) not to leave England and Wales before his appearance before the court, and

Appeals against decisions not to make banning orders

3 (1) In section 14A (banning order made on conviction for an offence), after subsection (5) insert--

" (5A) The prosecution has a right of appeal against a failure by the court to make a banning order under this section--

(a) where the failure is by a magistrates' court, to the Crown Court; and

(b) where it is by the Crown Court, to the Court of Appeal.

(5B) An appeal under subsection (5A)(b) may be brought only if the Court of Appeal gives permission or the judge who decided not to make an order grants a certificate that his decision is fit for appeal.

(5C) An order made on appeal under this section (other than one directing that an application be re-heard by the court from which the appeal was brought) is to be treated for the purposes of this Part as if it were an order of the court from which the appeal was brought. "

(2) In section 14D (appeals against banning orders made on complaint), after subsection (1) insert--

" (1A) An appeal lies to the Crown Court against the dismissal by a magistrates' court of an application for the making of a banning order under section 14B above. "

(3) In subsection (2) of that section, for "the appeal" substitute "an appeal under this section".

Applications for banning orders under section 14B

4 (1) In section 14B (banning orders made on a complaint)--

(a) for subsection (1) substitute--

" (1) An application for a banning order in respect of any person may be made by--

(a) the relevant chief officer, or

(b) the Director of Public Prosecutions,

if it appears to him that the condition in subsection (2) is met. " ;

(b) after subsection (1) insert--

" (1A) In subsection (1) ‘the relevant chief officer' means--

(a) the chief officer of police of any police force maintained for a police area; or

(b) the chief constable of the British Transport Police Force. "

(2) 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".

Notification obligations under banning orders

5 (1) Section 14E (banning orders: general) is amended as follows.

(2) After subsection (2) insert--

" (2A) A banning order must require the person subject to the order to give notification of the events mentioned in subsection (2B) to the enforcing authority.

(2B) The events are--

(a) a change of any of his names;

(b) the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order;

(d) his acquisition of a temporary address;

(e) a change of his temporary address or his ceasing to have one;

(f) his becoming aware of the loss of his travel authorisation;

(g) receipt by him of a new travel authorisation;

(h) an appeal made by him in relation to the order;

(i) an application made by him under section 14H(2) for termination of the order;

(j) an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

(2C) A notification required by a banning order by virtue of subsection (2A) must be given before the end of the period of seven days beginning with the day on which the event in question occurs and--

(a) in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address;

(b) in the case of a first use of a previously undisclosed name, must specify that name; and

(3) 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,".

(4) Omit subsection (4) (where exceptional circumstances exist court must state in open court what they are).

(5) After subsection (7) insert--

" (8) In this section--

‘declaration of relevance' has the same meaning as in section 23;
‘home address', in relation to any person, means the address of his sole or main residence;
‘loss' includes theft or destruction;
‘new' includes replacement;
‘temporary address', in relation to any person, means the address (other than his home address) of a place at which he intends to reside, or has resided, for a period of at least four weeks. "

(6) 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.

(7) Sub-paragraphs (3) and (4) apply--

(a) to a banning order made after the commencement of those sub-paragraphs; and

(b) for the purposes of any appeal falling to be determined after the commencement of those sub-paragraphs.

Duration of banning orders

6 In section 14F(5) (duration of banning orders), for "three" substitute "five" and for "two" substitute "three".

Notices during control periods

7 In section 19 (functions of enforcing authority and local police), after subsection (2E)(b) insert--

" (c) must require him to notify the enforcing authority within the time period specified in the notice of each address at which he intends to stay, or has stayed, for one night or more in a period which is the control period in relation to a regulated football match. "

Deemed receipt of notices and other documents

8 (1) In section 25 (service of documents), after subsection (1) insert--

" (1A) A notice or other document served in accordance with subsection (1) on a person who is the subject of a banning order is to be deemed to be received by him at the time when it is served unless he proves otherwise. "

(2) In section 21(7) (service of notices under section 19), after "subsection (6) above" insert "(instead of section 25(1A))".

New relevant offence

9 (1) In paragraph 1 of Schedule 1 (offences), in sub-paragraphs (c), (k) and (q) after "under section" insert "4A or".

(2) An offence is not a relevant offence by virtue of sub-paragraph (1) if it was committed before the commencement of this paragraph.

Part 2 Consequential Amendments

Meaning of "spectator" in Part 1

10 For section 1(6) of the Football Spectators Act 1989 (c. 37) (definition of "authorised spectator") substitute--

" (6) A person is not to be regarded as a ‘spectator' in relation to a designated football match if the principal purpose of his being on the premises is to provide services in connection with the match, or to report on it. "

General provisions relating to licences to admit spectators

11 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".

Declarations of relevance

12 In section 23 of that Act (provisions about declarations of relevance), at the end insert--

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