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Criminal Justice Bill


Criminal Justice Bill
Schedule 28 — Sentencing for firearms offences in Northern Ireland

347

 

      (3)  

Those entries are the entries relating to the punishment, on conviction on

indictment, of offences under the following provisions of that Act—

(a)   

section 4(2) (production, or being concerned in the production, of a

controlled drug),

(b)   

section 4(3) (supplying or offering to supply a controlled drug or

5

being concerned in the doing of either activity by another),

(c)   

section 5(3) (having possession of a controlled drug with intent to

supply it to another),

(d)   

section 8 (being the occupier, or concerned in the management, of

premises and permitting or suffering certain activities to take place

10

there),

(e)   

section 12(6) (contravention of direction prohibiting practitioner etc

from possessing, supplying etc controlled drugs), and

(f)   

section 13(3) (contravention of direction prohibiting practitioner etc

from prescribing, supplying etc controlled drugs).

15

Customs and Excise Management Act 1979 (c. 2)

2          

In Schedule 1 to the Customs and Excise Management Act 1979 (controlled

drugs: variation of punishments for certain offences under that Act), in

paragraph 2(c) (punishment on conviction on indictment of offences under

that Act committed in relation to Class C drugs), for “5 years” there is

20

substituted “14 years”.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

3          

In section 19 of the Criminal Justice (International Co-operation) Act 1990

(ships used for illicit traffic), in subsection (4)(c)(ii) (punishment on

conviction on indictment of offences under that section committed in

25

relation to Class C drugs), for “five years” there is substituted “fourteen

years”.

Schedule 28

Section 264

 

Sentencing for firearms offences in Northern Ireland

1          

The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) is

30

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,

35

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

40

holding a firearm certificate in force at the time, or otherwise than as

authorised by such a certificate;

 

 

Criminal Justice Bill
Schedule 28 — Sentencing for firearms offences in Northern Ireland

348

 

(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—

“52A    

Minimum sentence for certain offences

5

(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

10

(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

15

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

20

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

25

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—

30

(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;

35

   

“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.”

40

5          

After Article 52A there is inserted—

“52B    

Power 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

45

word “18”, and

 

 

Criminal Justice Bill
Schedule 28 — Sentencing for firearms offences in Northern Ireland

349

 

(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

5

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

10

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

15

substituted—

 

“Article

Purchase,

Indictment

10 years or a

 
 

3(1)(aa)

acquisition or

 

fine, or both

 
  

possession of

   
  

handgun

   

20

  

without

   
  

firearm

   
  

certificate

   
 

Article

Purchase,

(a) Summary

1 year or a

 
 

3(1)(ab)

acquisition or

 

fine of the

 

25

  

possession

 

statutory

 
  

without

 

maximum, or

 
  

firearm

 

both

 
  

certificate of

   
  

firearm other

   

30

  

than handgun

   
   

(b) Indictment

5 years or a

 
    

fine, or both

 
 

Article 3(1)(b)

Purchase,

(a) Summary

1 year or a

 
  

acquisition or

 

fine of the

 

35

  

possession of

 

statutory

 
  

ammunition

 

maximum, or

 
  

without

 

both

 
  

firearm

   
  

certificate

   

40

   

(b) Indictment

5 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—

45

 

 

Criminal Justice Bill
Schedule 29 — Default orders: modification of provisions relating to community orders

350

 
 

“Article

Manufacture,

Indictment

10 years or a

 
 

6(1)(a), (ab),

dealing in or

 

fine, or both

 
 

(ac), (ad), (ae)

possession of

   
 

and (c)

prohibited

   
  

weapons.

   

5

 

Article 6(1)(b)

Manufacture,

(a) Summary

1 year or a

 
  

dealing in or

 

fine of the

 
  

possession of

 

statutory

 
  

prohibited

 

maximum, or

 
  

weapon

 

both

 

10

  

designed for

   
  

discharge of

   
  

noxious liquid

   
  

etc.

   
   

(b) Indictment

10 years or a

 

15

    

fine, or both

 
 

Article 6

Possession of

Indictment

10 years or a

 
 

(1A)(a)

or dealing in

 

fine, or both

 
  

firearm

   
  

disguised as

   

20

  

other object

   
 

Article

Possession of

(a) Summary

6 months or a

 
 

6(1A)(b), (c),

or dealing in

 

fine of the

 
 

(d), (e), (f) or

other

 

statutory

 
 

(g)

prohibited

 

maximum, or

 

25

  

weapons

 

both

 
   

(b) Indictment

10 years or a

 
    

fine, or both”.

 

Schedule 29

Section 271

 

Default orders: modification of provisions relating to community orders

30

General

1          

Any reference to the offender is, in relation to a default order, to be read as

a reference to the person in default.

Unpaid work requirement

2     (1)  

In its application to a default order, section 171 (unpaid work requirement)

35

is modified as follows.

      (2)  

In subsection (2), for paragraphs (a) and (b) there is substituted—

“(a)   

not less than 20 hours, and

(b)   

in the case of an amount in default which is specified in the

first column of the following Table, not more than the

40

 

 

Criminal Justice Bill
Schedule 29 — Default orders: modification of provisions relating to community orders

351

 

number of hours set out opposite that amount in the second

column.

 

Amount

Number of

 
  

Hours

 
 

An amount not exceeding

40 hours

 

5

 

£200

  
 

An amount exceeding £200

60 hours

 
 

but not exceeding £500

  
 

An amount exceeding £500

100 hours”

 

      (3)  

Subsection (5) is omitted.

10

Curfew requirement

3     (1)  

In its application to a default order, section 176 (curfew requirement) is

modified as follows.

      (2)  

After subsection (2) there is inserted—

“(2A)   

In the case of an amount in default which is specified in the first

15

column of the following Table, the number of days on which the

person in default is subject to the curfew requirement must not

exceed the number of days set out opposite that amount in the

second column.

 

Amount

Number of

 

20

  

days

 
 

An amount not exceeding

20 days

 
 

£200

  
 

An amount exceeding £200

30 days

 
 

but not exceeding £500

  

25

 

An amount exceeding £500

60 days

 
 

but not exceeding £1,000

  
 

An amount exceeding

90 days

 
 

£1,000 but not exceeding

  
 

£2,500

  

30

 

An amount exceeding

180 days”

 
 

£2,500

  
 

 

Criminal Justice Bill
Schedule 29 — Default orders: modification of provisions relating to community orders

352

 

Enforcement, revocation and amendment of default order

4     (1)  

In its application to a default order, Schedule 7 (breach, revocation or

amendment of community orders) is modified as follows.

      (2)  

Any reference to the offence in respect of which the community order was

made is to be taken to be a reference to the default in respect of which the

5

default order was made.

      (3)  

Any power of the court to deal with the offender in any way in which it

could deal with him if he had just been convicted of the offence is to be taken

to be a power to deal with him in any way in which the court which made

the default order could deal with him for his default in paying the sum in

10

question.

      (4)  

In paragraph 4 the reference to the Crown Court is to be taken as a reference

to a magistrates’ court.

      (5)  

The following provisions are omitted—

(a)   

paragraph 9(1)(c), (5) and (8),

15

(b)   

paragraph 12,

(c)   

paragraph 13(5),

(d)   

paragraph 15,

(e)   

paragraph 17(5),

(f)   

paragraph 21(4), and

20

(g)   

paragraph 23(2)(b).

Power to alter amount of money or number of hours or days

5          

The Secretary of State may by order amend paragraph 2 or 3 by substituting

for any reference to an amount of money or a number of hours or days there

specified a reference to such other amount or number as may be specified in

25

the order.

Transfer of default orders to Scotland or Northern Ireland

6          

In its application to a default order, Schedule 8 (transfer of community

orders to Scotland or Northern Ireland) is modified as follows.

7          

After paragraph 8 there is inserted—

30

“8A        

Nothing in paragraph 8 affects the application of section 271(7) to

a default order made or amended in accordance with paragraph 1

or 3.”

8          

In paragraph 10, after paragraph (b) there is inserted—

“(bb)   

any power to impose a fine on the offender.”

35

 

 

 
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Revised 13 November 2003