WIREDGOV

New powers to tackle gun and knife crime

HOME OFFICE News Release (152/2007) issued by The Government News Network on 27 September 2007

A range of tough new powers to tackle alcohol-fulled disorder, knife and gun crime, including realistic imitation firearms and air weapons, have been welcomed today by Home Secretary Jacqui Smith.

The new violent crime measures form part of the Violent Crime Reduction Act 2006 and include:

* An offence to manufacture, import or sell realistic imitation guns;

* An offence to sell an imitation gun to a person aged under 18;

* An offence to modify an imitation gun to make it realistic or convertible into a real firearm;

* A doubling of the maximum sentence for carrying an imitation gun in public without reasonable excuse, from 6 to 12 months.

* Air weapons sold only by firearms dealers who are registered by police with all sales taking place face-to-face;

* Increasing the age limit for buying or possessing an air weapon from 17 to 18. Also, an offence to sell, hire or make a gift of an air weapon to a person under the age of 18;

* An offence for any person to fire an air weapon beyond the boundary of any premises;

* An offence to sell a knife to a person aged under 18 (increased from 16). Home Secretary Jacqui Smith said:

"The new measures which come into force on Monday send the strong signal that weapons on our streets will not be tolerated. Tackling gun and knife crime is a top priority for this Government and it is essential that we build on the tools and powers that police already have in order to make people feel safer and more secure in their communities.

"We are determined to prevent young people obtaining knives by raising the age from 16 to 18. We are also determined to crack down on the criminals who use realistic imitation firearms to threaten and intimidate people.

"It is important to remember that the gun crime problem is concentrated in a few local areas which we recognise and on which we are focusing our efforts with the new Tackling Gangs Action Programme. These new powers are the latest example of how the Government is working to make all communities safer, putting the interests of law-abiding people at the heart of our crime prevention action plans."

Imitation guns feature in a significant number of crimes, ranging from nuisance and intimidation to armed robbery. In 2005/06 there were 3,275 offences involving imitations, which accounted for about 15 per cent of all firearms offences in that period. Although that figure has decreased to 2,493 offences in 2006/07, the Government remains determined to crack down on criminals who use realistic imitations to threaten and intimidate people.

Since 2000, young people aged 10 to 17 have accounted for one fifth of those who have been convicted of unlawfully carrying a knife. The new knife offence aims to further prevent young people getting hold of knives, by raising the age at which a knife can be purchased from 16 to 18. This sends a clear message that the Government expects knives only to be used for legitimate purposes by responsible adults.

Other measures also coming into force today include:

* A new power for the police to apply for a fast track review of an alcohol premises' licence if they feel it could be associated with serious crime or serious disorder, and a power for councils to step in and impose immediate extra conditions on the licence pending that review;

* Authorised members of staff at attendance centres can search anyone they suspect of carrying a knife or other offensive weapon;

* An offence to sell a crossbow to a person aged under 18 (increased from 16).

NOTE TO EDITORS

1. The Violent Crime Reduction Act received Royal Assent on 8 November 2006 and its measures have been introduced on a staggered basis. The new measures outlines above come into force on Monday 1 October. The Act in full can be viewed online at: http://www.opsi.gov.uk/acts/acts2006/ukpga_20060038_en.pdf

2. A realistic imitation firearm is one that is so realistic as to make it indistinguishable from a real firearm. The following regulations which specify the dimensions and colours which would not be considered realistic are included in the Act: An imitation firearm with dimensions less than a height of 38mm and a length of 70mm is to be regarded as unrealistic. Additionally, imitation firearms which are transparent; bright red; bright orange; bright yellow; bright green; bright pink; bright purple; and bright blue are also unrealistic for the purposes of the regulations.

3. There are exceptions. The Act now makes it a defence to show that the manufacture, import or sale of realistic imitation firearms is for the purposes of a museum or gallery; for theatre, film or television productions; or for specified historical re-enactments. There is also a defence for air soft skirmishing and for the purpose of display at arms fairs.

4. The level of air weapon use is also unacceptable. In 2005/06, there were 10,437 crimes in which air weapons were used, resulting in 1,180 cases of injury, including one fatality and 119 cases of serious injury. This was a 12% decrease on the previous year, but still too high. We believe that restricting the points of sale of air weapons and increasing the age limit will tackle the problem at source.

5. At present, air weapons can be sold by any retailer who chooses to do so, from corner shops to car boot sales. The new controls make suppliers accountable to the police, who are able to withdraw registration where a supplier becomes a danger to public safety, for example, by selling to underage people. Records of transactions will now have to be kept which removes the anonymity of purchasers and should deter casual and irresponsible sales from market sales. It is now a requirement for all air weapons sold to be handed over in person to the purchaser, allowing the dealer to check for proof of age. Young people will still be able to use air weapons under controlled conditions such as under adult supervision or at approved shooting clubs.

6. Attendance Centres are run by the Ministry of Justice under Section 62 of the Powers of Criminal Courts Act 2000 in order to administer Attendance Centre Orders or other community orders imposed by the criminal courts. There are currently 112 Centres in England and Wales, consisting of approximately 1100 personnel. They cater for first time offenders all the way through to serious and persistent offenders subject to the most stringent juvenile community sentence, the Intensive Supervision and Surveillance Programme, or those who have come out of custody and have re-offended.

7. On Sunday 9 September the Home Secretary announced renewed action to tackle gun and gang crime in neighbourhoods within London, Liverpool, Greater Manchester and Birmingham overseen by a new Ministerial Taskforce and a new dedicated national unit, the Tackling Gangs Action Programme Team. These areas account for over half of all firearms offences in England and Wales.