Offensive Weapons Bill – in the House of Commons at 6:00 pm on 28 November 2018.
Amendments made: 57, page 24, line 16, after “applies” insert “in private”
This amendment and Amendment 58 limit the new offence of possession of an offensive weapon in section 141(1A) of the Criminal Justice Act 1988 to possession in private. This is to prevent overlap with existing offences.
Amendment 58, page 24, line 32, at end insert—
‘(1C) For the purposes of subsection (1A) as it has effect in relation to England and Wales, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—
(a) a public place,
(b) school premises,
(c) further education premises, or
(d) a prison.
(1D) For the purposes of subsection (1A) as it has effect in relation to Scotland, a person possesses a weapon to which this section applies in private if the person possesses the weapon on domestic premises.
(1E) For the purposes of subsection (1A) as it has effect in relation to Northern Ireland, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—
(a) a public place,
(b) school premises, or
(c) further education premises.
(1F) In subsections (1C) to (1E)—
“domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);
“further education premises”, in relation to England and Wales, means land used solely for the purposes of—
(a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or
(b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010), excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy; “further education premises”, in relation to Northern Ireland, means land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution;
“prison” includes—
(a) a young offender institution,
(b) a secure training centre, and
(c) a secure college;
“public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise;
“school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by—
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).”
See the explanatory statement for Amendment 57.—(Victoria Atkins.)
Clause 25
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