New Clause 20 - Specific defences applying to the offence under section 30

Violent Crime Reduction Bill

Public Bill Committees, 25 October 2005, 8:15 pm

‘(1)It shall be a defence for a person charged with an offence under section 30 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in subsection (2).

(2)Those purposes are—

(a)the purposes of a museum or gallery that does not distribute any profits it makes;

(b)the purposes of theatrical performances and of rehearsals for such performances;

(c)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)—see section 5B of that Act);

(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)—see section 405(1) of that Act);

(e)the purposes of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State.

(3)For the purposes of this section a person shall be taken to have shown a matter specified in subsection (1) if—

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

(b)the contrary is not proved beyond a reasonable doubt.

(4)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(5)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

(6)In this section—

“historical re-enactment” means any presentation or other event held as a re-enactment of an historical event;

“museum or gallery” includes any institution which—

(a)has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and

(b)gives the public access to it.’. —[Hazel Blears.]

Brought up, read the First and Second time, and added to the Bill.