HL Deb 23 November 1994 vol 559 cc12-8WA
Lord Windlesham

asked Her Majesty's Government:

To restate the tables itemising the number of increased penalties and new offences contained in the Criminal Justice and Public Order Bill which were published in the Official Report for 11th October 1994 (WA.106–114), in the light of any changes made to the number of sections of the Criminal Justice and Public Order Act 1994 and any amendments made to the legislation since the compilation of the previous tables.

The Minister of State, Home Office (Baroness Blatch)

The revised information is set out in the tables below.

Criminal Justice and Public Order Act 1994: Increased Penalties
Section Offence New Maximum Penalty
157 and Schedule 8 cont. 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(5) (obstruction of inspector). Level 5 fine.
Offences under S.16(1) (selling, etc of oysters between certain dates). Level 4 fine.
Offences under S.17(1) 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.
Misuse of Drugs Act 1971 (c.38) New Maximum fines on summary conviction
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.
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.
Offences under S.5(2) committed in relation to Class B drug (having possession of a controlled drug). £2,500 fine.
Offences under S.5(2) committed in relation to Class C drug (having possesion of a controlled drug). £1,000 fine.
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.
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.
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.
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.
Firearms Act 1968 (c.27)
Offences under S.1(1) 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.1(1) in any other case (possessing etc. firearms or ammunition without firearm certificate). 5 years' imprisonment
Offences under S.2(1) (possessing etc. shot gun without shot gun certificate). 5 years' imprisonment
Offences under S.3(1) (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 firearm) 5 years' imprisonment
Offences under S.4(1) (shortening a shot gun). 7 years' imprisonment
Offences under S.4(3) (conversion of firearms). 7 years' imprisonment

Criminal Justice and Public Order Act 1994: Increased Penalties
Section Offence New Maximum Penalty
Offences under S.5(1) (possessing or distributing prohibited weapons or ammunition). 10 years' imprisonment
157 and Schedule 8 cont. 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(1) (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 firearm 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.
Offences under Article 6(1) (possessing or distributing prohibited weapons or ammunition). 10 years' imprisonment.
Offences under Article 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 4 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.
The Act also provides (Section 17) for the doubling, from 12 to 24 months, of the maximum length of detention in a young offender institution for 15, 16 and 17 year-olds.

Criminal Justice and Public Order Act 1994: New Offences
Section Offence
12 (Linked with Schedule 2 para 5). Making a false statement to obtain certification as Secure Training Centre (STC) custody officer.
13 Assaulting STC custody officer. Resisting or wilfully obstructing STC custody officer.
14 Wrongfully disclosing information about STC trainee.
40 (Linked with Schedule 10 para 28). Serving on a jury when knowingly not qualified because on bail in criminal proceedings.
44 (Linked with Schedule 4 Part 1, new para 8A of Magistrates' Courts Act 1980). Making unauthorised report of transfer proceedings.
51 Intimidating a witness, juror, or person assisting in the investigation of an offence. Harming or threatening to harm a witness, juror, etc.
60 Failing to stop when directed to do so by a policeman under Section 60 powers (stop and search in anticipation of violence).
61 Failing to comply with direction under Section 61(1) (trespassing on land); re-entering the land within 3 months of a direction being given.
63 Failing to comply with direction under Section 63(2) (raves); re-entering the land within 7 days of a direction being given.
65 Failing to comply with direction under Section 65(1) (travelling to a rave).
68 Committing aggravated trespass.
69 Failing to comply with direction to leave under Section 69(1) (aggravated trespass); re-entering the land within 3 months of a direction being given.
70 Organising a prohibited trespassory assembly. Taking part in a prohibited trespassory assembly.
Inciting someone else to take part in a prohibited trespassory assembly.
71 Failing to comply with direction under Section 14 C(1) of the Public Order Act 1986 (travelling to a trespassory assembly).
74 Knowingly or recklessly making a false statement about one's protected intended occupier status.
75 Knowingly or recklessly making a false statement to obtain an interim possession order or to resist the making of an interim possession order.

Criminal Justice and Public Order Act 1994: New Offences
Section Offence
76 Being a trespasser on premises during currency of interim possession order.
77 Failing to comply with unauthorised campers direction; re-entering the land within 3 months of a direction being given.
78 Obstructing the removal of vehicles of unauthorised campers.
81 Failing to stop when required to do so by a constable or wilfully obstructing a constable from exercising his Section 81 powers (stop and search powers to prevent acts of terrorism).
82 Possessing an article intended for terrorist purposes. Collecting or having information likely to be useful to terrorists.
114 (Link with Schedule 6 para 5). Giving false information to obtain certification as Scottish prisoner custody officer.
115 Wrongfully disclosing information about prisoner (Scottish Prison Service).
122 (Link with Schedule 7 para 5). Giving false information to obtain certification as Northern Ireland prisoner custody officer.
123 Assaulting a Northern Ireland prisoner custody officer. Resisting or obstructing a Northern Ireland prisoner custody officer.
124 Wrongfully disclosing information about a prisoner (Northern Ireland Prison Service).
142 Redefining "rape" to include non-consensual buggery of either a man or a woman.
154 Causing intentional harassment, alarm or distress.
156 Using female germ cells taken or derived from embryos or foetuses for fertility purposes.
161 Procuring personal data to which one is not entitled under the Data Protection Act or selling or offering for sale personal data which one has procured or subsequently procures in breach of the relevant Data Protection register entry.
166 Sale of tickets for designated football matches by unauthorised persons (power exists to extend to other large sporting events).
167 Touting for hire car services in a public place.
Schedule 9 para 43 Giving a false statement to the court about financial circumstances.