B1474 – Prevention of Crime Act 1953 (Amendment) Bill 2019 (Second Reading)

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Saracen's Fez
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B1474 – Prevention of Crime Act 1953 (Amendment) Bill 2019 (Second Reading), TSR Government
A
BILL
TO

bring in provisions for more resilient responses and punishments to the possession of offensive weapons, when necessary

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

1(X)Definitions
(X) (1) All definitions shall remain as such defined in existing legislation.

2(X)Amendments to the Prevention of Crime Act 1953
(1) The Prevention of Crime Act 1953 is hereby amended as follows.
(2) After Section 1A, insert the following:-
(X) 2(X)Specific orders
(X)(X) (1) The Secretary of State may by order or promulgation and under the terms of this section give authorisation for a definite period of ‘universal increased sentencing’ (UIS), if he so deems it conducive to the public good.
(X)(X) (2) A UIS authorisation may apply to the possession of a specific article, or type of article, under the classification of offensive weapons, subject to the order or promulgation of the Secretary of State.
(X)(X) (3) Where in place, the maximum sentence for the possession of a UIS authorisation mandated article shall be as defined within this Section.
(X)(X) (4) Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon forming part of a UIS authorisation shall be liable:-
(X)(X)(X) (a) on summary conviction, to imprisonment for a term not exceeding fifty-one weeks or a fine not exceeding level 4 on the standard scale, or both;
(X)(X)(X) (b) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine not exceeding level 5 on the standard scale, or both.
(X)(X) (5) A UIS authorisation may not exceed twenty-eight days in duration.
(X)(X) (6) A UIS authorisation may not be granted in relation to an article or type of article already subject to a UIS authorisation within the preceding seven days, unless a credible threat remains.
(X)(X) (7) The imposition of a UIS authorisation may be challenged through independent tribunal proceedings which must be invoked prior to the lapsing of the authorisation and must take due regard to:-
(X)(X)(X) (a) any information made available to the Secretary of State at, or before, the time of the authorisation being brought into force;
(X)(X)(X) (b) whether the imposition was reasonably made in respect, or regards, to a serious elevated threat;
(X)(X)(X) (c) any other information that the tribunal deems pertinent.
(X)(X) (8) The tribunal proceedings under subsection (7) may not comment on the suitability or otherwise make reference to any open cases brought under this Act to which this section applies.

3(X)Citation and Commencement:
(1) This act extends to the whole of the United Kingdom.
(2) This act will come into force upon Royal Assent.
(3) This act may be cited as the Prevention of Crime Act 1953 (Amendment) Bill 2019.

Notes
We live in a world of dynamic, popular, social-media fuelled crime: at a time when the possession of offensive weapons is fueling the sad destruction of life throughout the United Kingdom with specific regard to London, it is time that our law becomes such to respond with force to ‘dynamic crime’.

This Bill proposes the creation of ‘universal increased sentencing’ (UIS) authorisations - working in a similar fashion to Section 60 of the Criminal Justice and Public Order Act 1994 orders. The SoS may issue a UIS authorisation as to forcefully tackle ‘spikes’ in activity, if he so believes it is conducive to the public good. Each authorisation may only last twenty-eight days with a seven day cool-off period after each.


Changes for the Second Reading
A review mechanism has now been included.
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Jammy Duel
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Remains unjustified, doesn't really have any checks and balances, and still does nothing to solve the problems: those savvy of the law do not get extended penalties, those who aren't have at least a 20% chance of avoiding the longer penalties through dumb luck (and that 20% assumes the government is making it de facto permanent)

We have a review mechanism but it doesn't exactly say what reviews are based on

And looking at the bill again it's just got even worse for me given that it includes presumption of guilt and summary imprisonment for up to a year and fines of £2,500. We also have that the 1 week cooling off period doesn't really exist due to it not being applicable if "a credible threat remains" and who judges this credibility? The person who started the 28 days.
Last edited by Jammy Duel; 1 year ago
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Aph
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Exactly the same issues, this won’t change anything so why are you wasting our time?
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username4307230
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Too many loopholes in this one to justify its passage into law.
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Miss Maddie
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Wrong approach. Knife crime's up because the capacity to police isn't there. The current law isn't being enforced. More police are needed to catch offenders. Harsher punishments on random crooks to make the public happy won't lower crime. Pretending there were the police to enforce the laws. the proposal is too weak to make a difference. If you want to stop knife crime stop and search on a large scale and profile us on race, wealth and postcode
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Saracen's Fez
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This bill is in cessation.
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Saracen's Fez
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This bill has gone to a third reading.
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