§ Lord Hyltonasked Her Majesty's Government:
Whether new criminal offences have been created by
if so, whether they will list such offences and the dates from which they are expected to come into effect. [HL86]
- (a) the Criminal Justice Act 2003; and
- (b) the Anti-social Behaviour Act 2003; and
§ Baroness Scotland of AsthalNo new criminal offences were created by the Criminal Justice Act 2003. The Anti-social Behaviour Act created a number of new offences:
Closure of premises where drugs are used unlawfully
Remaining on or entering premises in contravention of a closure notice.
Obstructing a constable or authorised person acting under Section 1(6) (service of a closure notice) or Section 3(2) (entering the premises or doing anything reasonably necessary to secure the premises against entry).
Remaining on premises in respect of which a closure order has been made.
Entering the premises.
Dispersal of groups
Knowingly contravening a direction given under Section 30(4) (to disperse, to leave the relevant locality or prohibiting a return to the relevant locality).
Firearms
Carrying an air weapon (whether loaded or not) or an imitation firearm in a public place without lawful authority or reasonable excuse.
Possession by a person under the age of 17 of an air weapon or ammunition for an air weapon.
Firing by a 14 to 16 year-old of an air weapon beyond the boundary of private land under the circumstances where he has the permission of the occupier to shoot unsupervised.
Possessing, purchasing or acquiring, or manufacturing, selling or transferring any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system. If at the time that this provision comes into force, a person has such a weapon, it will be an offence to continue possession without a licence.
The environment
Permitting premises to be open without reasonable excuse in contravention of a closure order issued because a public nuisance is being caused by noise coming from the premises.
Selling an aerosol paint container to a person under the age of 16.
129WAPublic order and trespass
Making preparations for or attending a rave within 24 hours of a direction being given under Section 63(2) of the Criminal Justice and Public Order Act 1994 where a person knows the direction has been given which applies to them.
Failure by a person to leave land as soon as reasonably practicable when knowing that a direction under Section 62A of the Criminal Justice and Public Order Act 1994 has been given which applies to them.
Entering any land in the area of the relevant local authority as a trespasser with the intention of residing there within three months of a direction under Section 62A being given.
High hedges
Failing to comply with a remedial notice to take action in relation to a high hedge.
Intentionally obstructing a person exercising the powers to enter the neighbouring land in order to carry out their functions under the Act.
We expect all of these measures to be brought into effect during 2004.