Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

236DPage 152, line 27, leave out from "of" to "prohibition" in line 32 and insert—
"(a)  an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(aa)  any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(b)  any such offence committed in connection with the"
236EPage 152, line 38, leave out from "of" to "prohibition" in line 43 and insert—
"(a)  an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(aa)  any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(b)  any such offence committed in connection with the"
236FPage 153, line 5, leave out from "of" to "prohibitions" in line 9 and insert—
"(a)  an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(aa)  any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(b)  any such offence committed in connection with the"
 

Before Schedule 27

 

THE BARONESS SCOTLAND OF ASTHAL

236FAInsert the following new Schedule—
 

"SENTENCING FOR FIREARMS OFFENCES IN NORTHERN IRELAND

 1      The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155(N.I. 2)) is amended as follows.
 2      In Article 2(2) (interpretation) after the definition of "firearms dealer" there is inserted—
     "handgun" means any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, a muzzle-loading gun or a firearm designed as signalling apparatus;".
 3      In Article 3(1) (requirement of firearm certificate) for sub-paragraph (a) there is substituted—
    "(aa)      has in his possession, or purchases or acquires, a handgun without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;
    (ab)      has in his possession, or purchases or acquires, any firearm, other than a handgun, without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate; or".
 4      After Article 52 of that Order there is inserted—
    "52AMinimum sentence for certain offences
    (1)      This Article applies where—
    (a)  an individual is convicted of—
    (i)  an offence under Article 3(1)(aa),
    (ii)  an offence under Article 6(1)(a), (ab), (ac), (ad), (ae) or (c), or
    (iii)  an offence under Article 6(1A)(a), and
    (b)  the offence was committed after the commencement of this Article and at a time when he was aged 16 or over.
    (2)      The court shall—
    (a)  in the case of an offence under Article 3(1)(aa) committed by a person who was aged 21 or over when he committed the offence, impose a sentence of imprisonment for a term of five years (with or without a fine), and
    (b)  in any other case, impose an appropriate custodial sentence for a term of at least the required minimum term (with or without a fine)
      unless (in any of those cases) the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
    (3)      Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Article to have been committed on the last of those days.
    (4)      In this Article—
          "appropriate custodial sentence" means—
    (a)  in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment, and
    (b)  in the case of an offender who is aged under 21 at that time, a sentence of detention under section 5(1) of the Treatment of Offenders Act (Northern Ireland) 1968;
          "the required minimum term" means—
    (a)  in the case of an offender who was aged 21 or over when he committed the offence, five years, and
    (b)  in the case of an offender who was aged under 21 at that time, three years."
 5      After Article 52A there is inserted—
    "52BPower by order to exclude application of minimum sentence to those under 18
    (1)      The Secretary of State may by order—
    (a)  amend Article 52A(1)(b) by substituting for the word "16" the word "18", and
    (b)  make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (a).
    (2)      The provision that may be made by virtue of paragraph (1)(b) includes, in particular, provision amending or repealing any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 (whenever passed or made).
    (3)      An order under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly."
 6   (1)   Schedule 2 (table of punishments) is amended as follows.
(2)      For the entry relating to offences under Article 3(1) (purchase, acquisition or possession of firearm or ammunition without firearm certificate.) there is substituted—
Purchase, acquisition or possession of handgun without firearm certificateIndictment10 years or a fine, or both
Article 3(1)(ab)Purchase, acquisition or possession without firearm certificate of firearm other than handgun(a)   Summary1 year or a fine of the statutory maximum, or both
(b)   Indictment5 years or a fine, or both
Article 3(1)(b)Purchase, acquisition or possession of ammunition without firearm certificate(a)   Summary1 year or a fine of the statutory maximum, or both
(b)   Indictment5 years or a fine, or both
(3)      For the entries relating to offences under Article 6(1) (manufacture, dealing in or possession of prohibited weapons) and Article 6(1A) (possession of or dealing in other prohibited weapons) there is substituted—
Manufacture, dealing in or possession of prohibited weapons.Indictment10 years or a fine, or both
Article 6(1)(b)Manufacture, dealing in or possession of prohibited weapon designed for discharge of noxious liquid etc.(a)   Summary1 year or a fine of the statutory maximum, or both
(b)   Indictment10 years or a fine, or both
Article 6 (1A)(a)Possession of or dealing in firearm disguised as other objectIndictment10 years or a fine, or both
Article 6(1A)(b),(c), (d), (e), (f) or (g)Possession of or dealing in other prohibited weapons(a)   Summary6 months or a fine of the statutory maximum, or both.
(b)   Indictment10 years or a fine, or both"."
 

Schedule 28

 

THE BARONESS SCOTLAND OF ASTHAL

236GPage 328, leave out lines 27 to 31
236HPage 331, line 37, at end insert—
 

"Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

 30A      In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (ineligibility for and disqualification and excusal from jury service), in Part 2, in paragraph (bb), for sub-paragraph (v) there is substituted—
    "(v)  a community order within the meaning of section 159 of the Criminal Justice Act 2003;
    (va)  a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;"."
236JPage 334, line 43, at end insert—
 

"Firearms (Amendment) Act 1988 (c. 45)

 46A      The Firearms (Amendment) Act 1988 is amended as follows.
 46B      In section 1 (prohibited weapons and ammunition), in subsection (4A) after paragraph (b) there is inserted—
    "(bb)  may amend subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period) so as to include a reference to any provision added by the order to section 5(1) of the principal Act,
    (bc)  may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of the Customs and Excise Management Act 1979 (offences relating to improper importation or exportation) so as to include a reference to anything added by the order to section 5(1) of the principal Act,".
 46C      In section 27(4) (which relates to Northern Ireland), after "Except for" there is inserted "section 1, so far as enabling provision to be made amending the Customs and Excise Management Act 1979, and".
236KPage 337, line 20, at end insert—
"(aa)      after subsection (1) there is inserted—
    "(1AA)      This Part of this Act, except section 2(9), applies also to a transferred life prisoner—
    (a)  who is transferred from England and Wales on or after the date on which section 247 of the Criminal Justice Act 2003 comes into force,
    (b)  in relation to whom paragraph 3 of Schedule 20 to that Act applies by virtue of paragraph 2(a) of that Schedule, but
    (c)  in respect of whom, under the paragraph so applying, no order has been made,
      as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the notified minimum term defined by paragraph 3(4) of that Schedule."; and"
236LPage 338, line 6, at end insert—
"(1A)      In subsection (1), the words after paragraph (b) are omitted."
236MPage 338, line 12, at end insert—
"(2A)      In subsection (3), the words "or to vary" to "one hundred" are omitted."
236NPage 338, line 24, at end insert—
"(3A)      After subsection (4) there is inserted—
    "(4A)      A probation order made or amended under this section must specify as the corresponding requirements for the purposes of this section requirements which could be included in a community order made under section 159 of the Criminal Justice Act 2003.""
236PPage 338, line 27, leave out from "made" to end of line and insert "by a magistrates' court under section 159 of that Act and imposing the requirements specified under subsection (4A) above"
236QPage 338, line 28, leave out sub-paragraph (5) and insert—
"(5)      For subsection (6) there is substituted—
    "(6)      In its application to a probation order made or amended under this section, Schedule 7 to the Criminal Justice Act 2003 has effect subject to the following modifications—
    (a)  any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,
    (b)  in paragraph 9—
    (i)  paragraphs (b) and (c) of sub-paragraph (1) are omitted,
    (ii)  in sub-paragraph (6), the first reference to the Crown Court has effect as a reference to a court in Scotland, and
    (iii)  any other reference in sub-paragraphs (6) or (7) to the Crown Court has effect as a reference to the court in Scotland, and
    (c)  Parts 3 and 5 are omitted.""
236RPage 339, line 43, leave out from beginning to "in" in line 44 and insert—
 "69A      The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
 69B      In Article 2 (interpretation) after paragraph (8) there is inserted—
    "(9)      For the purposes of this Order, a sentence falls to be imposed under paragraph (2) of Article 52A of the Firearms (Northern Ireland) Order 1981 if it is required by that paragraph and the court is not of the opinion there mentioned."
 69C      In Article 4 (absolute and conditional discharge), in paragraph (1), for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 69D      In Article 10 (probation orders), in paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 70   (1)   Article 13 (community service orders) is amended as follows.
(2)      In paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
236SPage 339, line 48, at end insert—
 "70A      In Article 15 (orders combining probation and community service), in paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 70B      In Article 19 (restrictions on imposing custodial sentences), at the end of paragraph (1) there is inserted "or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981".
 70C      In Article 20 (length of custodial sentences), at the end of paragraph (1) there is inserted "or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981".
 70D      In Article 24 (custody probation orders), in paragraph (1) for "other than one fixed by law" there is substituted ", other than an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981,".
236SAPage 340, line 8, leave out "section 228(5)" and insert "section (Persons liable to removal from the United Kingdom)"
236TPage 342, line 20, leave out paragraph 76
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

237Page 345, line 13, leave out sub-paragraph (2)
 

THE BARONESS SCOTLAND OF ASTHAL

237APage 360, line 12, at end insert—

 
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3 November 2003