Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2007.71.4.282 |
| Published date | 01 August 2007 |
| Date | 01 August 2007 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Violent Crime Reduction Act 2006 (Commencement No. 2) Order
2007 (SI 2007 No. 858) was made on 14 March 2007. The following
provisions, amongst others, of the Violent Crime Reduction Act 2006
came into force on 6 April 2007: ss 23 and 24, persistently selling alcohol
to children; s. 26, designated public places; ss 28–29, dangerous
weapons; s. 30, minimum sentences for certain firearms offences;
s. 31(3), prohibition on sale or transfer of air weapons except by
registered dealers; s. 35, restriction on sale and purchase of primers; and
s. 49 and Sched. 1, consequential amendments relating to minimum
sentences.
Section 23 of the Violent Crime Reduction Act 2006 creates a specific
regime concerning an offence of selling alcohol to a person aged under
18. The circumstances of the offence are that if on three or more
different occasions within a period of three consecutive months alcohol
is unlawfully sold on the same premises to an individual aged under 18;
at the time of each sale the premises were either licensed premises or
premises authorised to be used for a permitted temporary activity by
virtue of Part 5; and, that person was a responsible person in relation to
the premises at each such time that person commits an offence.
Section 28 of the Violent Crime Reduction Act 2006 relates to
weapons. It creates an offence where a person uses another to look after,
hide or transport a dangerous weapon for him; and he does so under
arrangements or in circumstances that facilitate, or are intended to
facilitate, the weapon’s being available to him for an unlawful purpose.
For the purposes of this section the cases in which a dangerous weapon
is to be regarded as available to a person for an unlawful purpose include
any case where the weapon is available for him to take possession of it
at a time and place; and his possession of the weapon at that time and
place would constitute, or be likely to involve or to lead to, the commis-
sion by him of an offence. ‘Dangerous weapon’ means a firearm other
than an air weapon or a component part of, or accessory to, an air
weapon; or a weapon to which s. 141 or 141A of the Criminal Justice
Act 1988 applies (specified offensive weapons, knives and bladed
* As at 11 May 2007.
†Criminal law tutor at University College, London, of King’s Inns (Dublin) and Gray’s
Inn (London); e-mail: laurajmcgowan@gmail.com.
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