Violent Crime Reduction Act 2006 (c. 38)

(The document as of February, 2008)

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

" (5) In this section ‘declaration of relevance' means a declaration by a court for the purposes of Schedule 1 to this Act that an offence related to football matches, or that it related to one or more particular football matches. "

Periods relevant to football matches

13 For paragraph 4(2) of Schedule 1 to that Act (meaning of period relevant to a football match) substitute--

" (2) For the purposes of this Schedule each of the following periods is ‘relevant to' a football match to which this Schedule applies--

(a) in the case of a match which takes place on the day on which it is advertised to take place, the period--

(i) beginning 24 hours before whichever is the earlier of the start of the match and the time at which it was advertised to start; and

(ii) ending 24 hours after it ends;

(b) in the case of a match which does not take place on the day on which it was advertised to take place, the period--

(i) beginning 24 hours before the time at which it was advertised to start on that day; and

(ii) ending 24 hours after that time. "

Amendments of other enactments

14 (1) 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".

(2) Those provisions are--

(a) section 50(1)(h) of the Criminal Appeal Act 1968 (c. 19); and

(b) section 108(3) of the Magistrates' Courts Act 1980 (c. 43).

(3) This paragraph does not apply in relation to declarations made before the commencement of paragraph 12.

15 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--

" (faa) where it appears to him appropriate to do so, to have the conduct of applications made by him for orders under section 14B of the Football Spectators Act 1989 (banning orders made on complaint); " .

Section 54

SCHEDULE 4 Forfeiture and detention of vehicles etc.

1 The Sexual Offences Act 2003 (c. 42) is amended as follows.

2 After section 60 (sections 57 to 59: interpretation and jurisdiction) insert--

" 60A Forfeiture of land vehicle, ship or aircraft

(1) This section applies if a person is convicted on indictment of an offence under sections 57 to 59.

(2) The court may order the forfeiture of a land vehicle used or intended to be used in connection with the offence if the convicted person--

(a) owned the vehicle at the time the offence was committed;

(b) was at that time a director, secretary or manager of a company which owned the vehicle;

(d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement; or

(e) was driving the vehicle in the course of the commission of the offence.

(3) The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person--

(a) owned the ship or aircraft at the time the offence was committed;

(b) was at that time a director, secretary or manager of a company which owned the ship or aircraft;

(d) was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement;

(e) was at that time a charterer of the ship or aircraft; or

(f) committed the offence while acting as captain of the ship or aircraft.

(4) But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only--

(a) in the case of a ship, if subsection (5) or (6) applies;

(b) in the case of an aircraft, if subsection (5) or (7) applies.

(5) This subsection applies where a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under sections 57 to 59.

(6) This subsection applies where a ship's gross tonnage is less than 500 tons.

(7) This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

(8) Where a person who claims to have an interest in a land vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle, ship or aircraft unless the person has been given an opportunity to make representations.

60B Detention of land vehicle, ship or aircraft

(1) If a person has been arrested for an offence under sections 57 to 59, a constable or a senior immigration officer may detain a relevant vehicle, ship or aircraft--

(a) until a decision is taken as to whether or not to charge the arrested person with that offence;

(b) if the arrested person has been charged, until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

(c) if he has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft.

(2) A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in relation to an arrested person if it is a land vehicle, ship or aircraft which the constable or officer concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 60A.

(3) A person (other than the arrested person) may apply to the court for the release of a land vehicle, ship or aircraft on the grounds that--

(a) he owns the vehicle, ship or aircraft;

(b) he was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement; or

(4) The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the vehicle, ship or aircraft on condition that it is made available to the court if--

(a) the arrested person is convicted; and

(b) an order for its forfeiture is made under section 60A.

(5) In this section, ‘court' means--

(a) in relation to England and Wales--

(i) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

(ii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

(b) in relation to Northern Ireland--

(i) if the arrested person has not been charged, a magistrates' court for the county court division in which he was arrested;

(ii) if he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court for the county court division in which he was charged;

(iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

(6) In this section, ‘senior immigration officer' means an immigration officer (appointed or employed as such under the Immigration Act 1971) not below the rank of chief immigration officer.

60C Sections 60A and 60B: interpretation

(1) In this section and sections 60A and 60B, unless the contrary intention appears--

‘aircraft' includes hovercraft;
‘captain' means master (of a ship) or commander (of an aircraft);
‘land vehicle' means any vehicle other than a ship or aircraft;
‘ship' includes every description of vessel used in navigation.

(2) In sections 60A and 60B, a reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it. "

3 In section 142(2) (provisions extending to Northern Ireland), in paragraph (a) for "to 60" substitute "to 60C".

Section 65

SCHEDULE 5 Repeals

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-- (a) subsection (3); (b) in subsection (4), paragraph (b) and the word "and" immediately preceding it; (c) subsections (5) and (8A). Sections 2 to 7. In section 10-- (a) in subsection (8), paragraph (c) and the word "or" immediately preceding it; (b) in subsection (12), paragraph (b). In section 14A(4C), the word "But". In section 14E-- (a) in subsection (3), the words ", unless it appears to the court that there are exceptional circumstances,"; (b) 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-- (a) in subsection (4), the words "section 3 or"; (b) 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-- (a) in subsection (2)(a), the words "by the home club or"; (b) 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-- (a) paragraph 94; (b) 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.

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