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Offensive Weapons Act 2019

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This is the original version (as it was originally enacted).

23Duration of knife crime prevention order etc

This section has no associated Explanatory Notes

(1)A knife crime prevention order or an interim knife crime prevention order under section 18 takes effect on the day on which it is made, subject to subsections (6) and (7).

(2)An interim knife crime prevention order under section 17 takes effect when it is served on the defendant, subject to subsections (6) and (7).

(3)A knife crime prevention order must specify the period for which it has effect, which must be a fixed period of at least 6 months, and not more than 2 years, beginning with the day on which it takes effect.

(4)An interim knife crime prevention order under section 17 has effect until the determination of the application mentioned in subsection (1) of that section, subject to section 27 (variation, renewal or discharge).

(5)An interim knife crime prevention order under section 18 has effect until the determination of the application mentioned in subsection (1) of that section, subject to section 27.

(6)Subsection (7) applies if a knife crime prevention order or an interim knife crime prevention order is made in respect of—

(a)a defendant who has been remanded in or committed to custody by an order of a court,

(b)a defendant on whom a custodial sentence has been imposed or who is serving or otherwise subject to such a sentence, or

(c)a defendant who is on licence for part of the term of a custodial sentence.

(7)The order may provide that it does not take effect until—

(a)the defendant is released from custody,

(b)the defendant ceases to be subject to a custodial sentence, or

(c)the defendant ceases to be on licence.

(8)A knife crime prevention order or an interim knife crime prevention order may specify periods for which particular prohibitions or requirements have effect.

(9)Where a court makes a knife crime prevention order or an interim knife crime prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.

(10)In this section “custodial sentence” means—

(a)a sentence of imprisonment or any other sentence or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2003, or

(b)a sentence or order which corresponds to a sentence or order within paragraph (a) and which was imposed or made under an earlier enactment.

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