HL Deb 11 October 1994 vol 557 cc106-11WA
Lord Windlesham

asked Her Majesty's Government:

Whether they will list the increased maximum penalties which will be authorised by the Criminal Justice and Public Order Act 1994, if it is enacted in its present form, and the offences to which they relate.

Baroness Blatch

Increased maximum penalties proposed in the Bill in its present form are listed below, along with the offences to which they relate.

Clause Offence New maximum penalty
91 Making obscene, offensive or annoying telephone call. 6 months' imprisonment or level 5 fine, or both.
141 Non consensual buggery (rape) of a man. Life imprisonment.
156 and Schedule B Sea Fisheries (Shellfish) Act 1967 (c.83).
Offences under S.3 (3) (dredging etc. for shellfish in contravention of restrictions etc. or without paying a toll or royalty). Level 5 fine.
Offences under S.5(7) (obstructing of inspector or other person or refusal or failure to provide information to an inspector etc). Level 5 fine.
Offences under S.7(4) (fishing, dredging etc. in area where right of several fishery conferred or private oyster bed). Level 5 fine.
Offences under S.14(2) (contravention of order prohibiting the deposit or taking of shellfish, or importation of shellfish, or non-compliance with conditions of licences). Level 5 fine.
Offences under S.14(b) (obstruction of inspector). Level 5 fine.
Offences under S.16(l) (selling, etc. of oysters between certain dates). Level 4 fine.
Offences under S.17(l) (taking and selling etc. of certain crabs). Level 5 fine.
Offences under S.17(3) (landing and selling etc. of certain lobsters). Level 5 fine.
Missues of Drugs Act 1971 (c.38.)
Offences under S.4(2) committed in relation to Class C drug (production, or being concerned in the production, of a controlled drug). £2,500 fine.1
Offences under S.4(3) committed in relation to Class C drug (supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another). £2,500 fine.1
Offences under S.5(2) committed in relation to Class B drug (having possession of a controlled drug). £2,500 fine.1
Offences under S.5(2) committed in relation to Class C drug (having possession of a controlled drug). £1,000 fine.1
Offences under S.5(3) committed in relation to Class C drug (possession of a controlled drug with intent to supply it to another). £2,500 fine.1
Offences under S.8 committed in relation to Class C drug (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there). £2,500 fine.1
Offences under S.12(6) committed in relation to Class C drug (contravention of direction prohibiting practitioner, etc. from possessing, supplying etc. controlled drugs). £2,500 fine.1
Offences under S.13(3) committed in relation to Class C drug (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc.controlled drugs). £2,500 fine.1

Clause Offence New maximum penalty
Firearms Act 1968 (c.27)
Offences under S.l(l) committed in an aggravated form within the meaning of S.4(4) (possessing etc. shortened shot gun or converted firearm without firearm certificate). 7 years' imprisonment.
Offences under S.l(l) in any other case (possessing etc. firearms or ammunition without firearm certificate). 5 years' imprisonment.
Offences under S.2(l) (possessing etc. shot gun without shot gun certificate). 5 years' imprisonment.
Offences under S.3(l) (trading in firearms without being registered as a firearms dealer). 5 years' imprisonment.
Offences under S.3(2) (selling firearms to person without a certificate). 5 years' imprisonment.
Offences under S.3(3) (repairing, testing etc. firearm for person without a certificate). 5 years' imprisonment.
Offences under S.3(5) (falsifying certificate, etc. with view to acquisition of firearms). 5 years' imprisonment
Offences under S.4(l) (shortening a shot gun). 7 years' imprisonment.
Offences under S.4(3) (conversion of firearms). 7 years' imprisonment.
Offences under S.5(l) (possessing or distributing prohibited weapons or ammunition). 10 years' imprisonment.
Offences under S.5(1A) (possessing or distributing other prohibited weapons). (a) On summary conviction, 6 months' imprisonment.
(b) On conviction on indictment, 10 years' imprisonment.
Offences under S.19 (carrying loaded firearm other than air weapon in public place). 7 years' imprisonment.
Offences under S.20(l) (trespassing with firearm other than air weapon in a building). 7 years' imprisonment.
Offences under S.21(4) (contravention of provisions denying firearms to ex-prisoners and the like). 5 years' imprisonment.
Offences under S.21(5) (supplying firearms to person denied them under S.21). 5 years' imprisonment.
Offences under S.42 (failure to comply with instructions in firearm certificate when transferring firearms to person other than registered dealer; failure to report transaction to police). 5 years' imprisonment.
Firearms (Northern Ireland) Order 1981 (SI 1981/155 (NI 2)
Offences under Article 3(1) possessing etc. firearms or ammunition without firearm certificate). 5 years' imprisonment.
Offences under Article 4(1) (trading in firearms without being registered as a firearms dealer). 5 years' imprisonment.
Offences under Article 4(2) (selling firearms to person without a certificate). 5 years' imprisonment.
Offences under Article 4(3) (repairing, testing etc. firearm for person without a certificate). 5 years' imprisonment.
Offences under Article 4(4) (falsifying certificate, etc. with view to acquisition of firearm). 5 years' imprisonment.
Offences under Article 5(1) (shortening a shot gun). 7 years' imprisonment.
Offences under Article 5(3) (conversion of firearms). 7 years' imprisonment.

Clause Offence New maximum penalty
Offences under Article 6(1) (possessing or distributing prohibited weapons or ammunition). 10 years' imprisonment.
Offences under 6(1A) (possessing or distributing other prohibited weapons). (a) On summary conviction, 6 months' imprisonment.
(b) On conviction on indictment, 10 years' imprisonment.
Offences under Article 22(5) (contravention of provisions denying firearms to ex-prisoners and the like). 5 years' imprisonment.
Offences under Article 22(7) (supplying firearms to person denied them under Article 22). 5 years' imprisonment.
Offences under Article 43 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police). 5 years' imprisonment.
Schedule 9
Para 1 Trespass in search or pursuit of game
(i) In England and Wales or Scotland:
less than five persons Level 3 fine.
Five or more persons Level 4 fine.
(ii) In England and Wales: Five or more persons, one or more with a gun and using intimidating behaviour etc. Level 5 fine.
(iii) In Scotland, for assaults on persons acting under the Game (Scotland) Act 1832. Level 3 fine.
Para 3 Trespass in search or pursuit of game in England and Wales as one of five or more persons. Forfeiture of vehicle used in committing offence.
1 New maximum fines on summary conviction.

The Bill also provides (Clause 17) for the doubling, from 12 to 24 months, of the maximum length of detention in young offender institution for 15, 16 and 17 year-olds.