Violent Crime Reduction Bill

moved Amendment No. 125A:"Page 35, line 35, at end insert—" ““(6A) A realistic imitation firearm brought into Great Britain shall be liable to forfeiture under the customs and excise Acts. (6B) In subsection (6A) ““the customs and excise Acts”” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).”” The noble Lord said: In moving Amendment No. 125A, I wish to speak also to Amendment No. 128A. Although Clause 32 makes it an offence to bring into Great Britain a realistic imitation firearm, it does not specifically prohibit the importation of the goods. We have been advised by Her Majesty’s Revenue and Customs that the absence of a prohibition in rem means it would be unable to seize such an imitation if it discovered it while it was being brought into the country. Similar considerations apply in relation to Clause 35(2)(d), under which it is an offence to import imitation firearms which fail to conform to specifications aimed at making it impossible for them to be converted into real firearms. These amendments seek to redress the situation by establishing that these goods are liable to forfeiture under the Customs and Excise Acts. In drawing them up, we have been guided by examples of similar provisions in relation to controlled drugs and offensive weapons. The powers are cast in terms of the goods being liable to seizure, which means that a Customs officer will be able to use his discretion, as now, in deciding whether it is necessary to seize particular goods. It also means that if the goods are liable to forfeiture, it might not always be necessary to prosecute. The sort of case where this might be appropriate is that of young people returning from a school trip abroad with items which are prohibited in this country. These two amendments are necessary if we are to stop realistic imitations being brought into this country illegally, and I commend them to the Committee. I beg to move. On Question, amendment agreed to. Clause 32, as amended, agreed to. Clause 33 [Specific defences applying to the offence under s.32]: