Law Revision (Miscellaneous) (Amendments) Act 1999

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No. 8 of 1999. Luw Revision (Miscellaneous) 1 ANTIGUA
(Amendments) Act, 1999. AND

BARBUDA

[ L.S. 1

I Assent,

Yvonne Maginey,
Governor-General's Deputy.

28th June, 1999.

ANTIGUA AND BARBUDA

No. 8 of 1999

AN ACT to amend the provisions of certain Acts of Parliament.

[ 8th July, 1999 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Law Revision (Miscellaneous) short title.
(Amendments) Act 1999.

2. The Firearms Act is amended as follows - Amendment of
the Firearms Act

(1) Subsections (3) and (4) of section 6 are repealed Cap. 171.

and substituted by the following -

"(3) Any person who contravenes any of the provi-
sions of this section is guilty of an offence and liable in
the case of -

(a ) an offence under subsection (1);

(i) on summary conviction to a fine of
twenty-five thousand dollars or to im-
prisonment for two years; or

ANTIGUA 2 Law Revision (Miscellaneous) No. 8 of 1999.
AND (Amendments) Act, 1999.

BARBUDA

(ii) on conviction on indictment to impri-
sonment of ten years.

I

(b) an offence under subsection (2) -

(i) on summay conviction to a fine of fifty
thousand dollars Q to imprisonment for
two years or to both such fine and impri-
sonment;

(ii) on conviction on indictment to imprison-
ment for twenty-five years."

"(4) In addition to any other offence for which he may
be convicted, arestricted person who purchases, acquires
or has in his possession afirearm or ammunition contrary
to subsection (1) is guilty of an offence and in the
case of -

(a) an offence under subsection (-1) -

(i) on summary conviction is liable to a fine
of thlrty-five thousand dollars and to
imprisonment for two years; or

(ii) on conviction on indictment b imprison-
ment for ten years.

(b) an offence under subsection (2) -

(i) on summary conviction to a fine of fifty
thousand dollars and to imprisonment
for two years or to both such fine and
imprisonment;

(ii) on conviction on indictment to imprison-
ment for fifteen years."

(2) In section 8 the words "ten thousand dollars" are
repealed and substituted by the words "thrrty thousand
dollars."

(3) Section 9 is amended as follows -

(a) by repealing paragraphs (a) and (b) of sub-
section (1) and substituting the following

No. 8 of 1999. Law Revision (Miscellaneous) 3 ANTIGUA
(Amendments) Act, 1999. AND

BARBUDA

"(i) on summary conviction to a fine of thirty
thousand dollars or imprisonment for
two years; or

(ii) on conviction on indictment to imprison-
ment for ten years."

( b ) by deleting the words "ten thousand" in
subsection (2) and substitutingthe words "thirty
thousand dollars."

( c ) by deleting the words "eighteen years" in
subsection (2)(d) and substituting the words
"twenty five years."

(4) Section 10 is amended as follows -

(a) by the repeal of paragraph ( a ) of subsection ( 1 )
and the substitution of the following -

"(a) on summary conviction to afine of thirty
thousand dollars or imprisonment for
two years or to both such fine and
imprisonment; or"

( b ) by the repeal of paragraph ( b ) of subsection (2 )
and the substitution of the following -

"(b) the master or any person in control of
such ship, vessel, aircraft, vehicle or
other means of conveyance, as the case
may be, shall be deemed guilty of an
offence under subsection (1) and liable
to a fine of one hundred thousand dollars
or imprisonment for two years, unless
he proves that the firearms or
ammunition were in the ship, vessel,
aircraft, vehicle or other means of
conveyance without his consent,
knowledge or connivance and that he
exercised all due diligence to prevent
the commission of the offence."

ANTIGUA 4 Law Revision (Miscellaneous) No. 8 of 1999.
AND (Amendments) Act, 1999.

BARBUDA

(5) Section 1 l(1) is amended by repealing "one thousand
dollars" and substituting therefor "ten thousand dollars or to
imprisonment for two years."

(6) Section 14 is amended by repealing "one thousand
dollars" and substituting therefor "ten thousand dollars."

(7) Section 15 is mended as follows -

(a) by the repeal of subsection (3)(b)(i) and the
substitution of the following -

(i) on summary conviction to a fine of fifty
thousand dollars or to imprisonment for
two years."

(8) Section 17 is amended by the addition after subsection
(6) of the following -

"(7) A person is eligible to hold a licence, certificate
or permit only if the person has successfully completed
aPirearms Safety course as given by an instructor who
is designated by the Commissioner of Police, and
passes the test as administered by the instructor.

(8) A person is not eligible to hold a licence,
certificate or permit if -

(a) it is desirable, in the interest of the safety
of that or any other person, that the
personnot possess a f i ~ e m , aprahibited
weapon, or a restricted weapon;

(b) he has k e n treated for a rner~tal illness,
whether in a hospital, meraid institute,
psychiatric clinic orothecv~iseor whether
or not the person was confined to such a
hospital, institute or clinic outside
Antiguaand Barbudathat was wsociatd
with violence or threatened or atkmpkd
violence on the part of the person against
any person;

No. 8 of 1999. Law Revision (Miscellaneous) 5 ANTIGUA
(Amendments) Act, 1999. AND

BARBUDA

(c) he has a history of behaviour that includes
violence or threatened violence or
attempted violence on the part of the
person against any person.

(9) In determining whether a person is eligible to hold
a licence, certificate or permit under subsection (1) the
Commissioner of Police shall have regard to whether the
person, within the previous five (5) years -

(a) has been convicted or discharged of --

(I) an offence under this Act;

(ii) an offence in the commission of which
violence against another person was used,
threatened or attempted;

(iii) an offence under the Misuse of Drugs
Act, Cap. 283.

(10) Section 22(2) is amended by deleting the words
"ten thousand dollars or to imprisonmen? for one year" and
inserting therefor the following words: "fifty thousand
dollars and to imprisonment for two years."

(1 1) Section 32(2) is amended as follows -

(a) by the repeal of paragraph (a)(i) and (ii) and
the substitution of the following -

"(i) on summary conviction to a fine of one
hundred thousand dollars and to
imprisonment for five years;

(ii) on conviction on indictment to
imprisonment for ten years."

(b) by the repeal of paragraph (b)(i) and the
substitution of the following -

ANTIGUA 6 Law Revision (Miscellaneous) No. 8 of 1999.
AND (Amendments) Act, 1999.

BARBUDA

"(i) on summary conviction to a fine of thlrty
thousand dollars or to imprisonment for one
year."

(12) Section 32(3) is amended by the deletion of the
words "five thousand dollars" and the substitution of the
words "thirty thousand dollars."

Arne- of the 3. Subsection (3) of section 62 of the Magistrate's Code of
Code PrOcedure Act is repealed and replaced by the following -

of Procedure Act,
Cap. 255.

"(3) A Magistrate shall not admit to bail any person
charged with any of the following offences -

(a) high treason, misprision of treason and treason
felony;

(b) murder, or attempted murder;

(c) robbery with violence, or robbery with
aggravation involving the use of firearm or
prohibited weapon.

Amendment of 4. Section 28 of the Police Act is repealed and replaced by the
P0"ce Act Cap. following -
330.

No bail to be "28. Nothing contained in section 26 or 27
granted in cases of shall Authorise any police officer to take bail

etc. for any person charged with any of the following
offences -

(a) capital felony;

(b) unlawful possession of firearms
or unlawful possession of
ammunition or of prohibited
weapon;

(c) use of an offensive weapon
occasioning bodily harm;

NO. 8 of 1999. Law Revision (Miscellaneous) 7 ANTIGUA
(Amendments) Act, 1999. AND

BARBUDA

(d ) robbery with violence, or robbery
with agkavation involving the
use of firearm or prohibited
weapon.

5. The Misuse of Drugs Act is amended in the Second h s n c k n e r ~ of the
Schedule - misuse af Drugs

Act, Cap. 283.

(a) by the repeal of the following -

Punishment

Section General Nature Made Class B drug
Creating of Offrewe of invatved

0-es Prosecution

Section 6(2) Having possession (a) Summary 2 years and

of controlled drug not less than

$5,000.00 nor

exceeding two

hundered thousand

dollars $200.000.

(b) by the substitution therefor of the following -

Punishment

Section General Nature Mode C h s B drug
Creating of Offrewe of involved
Offrences Prosecution

Section 6(2) Having possession (a) Summary 2 years and

of controlled drug Not exceeding

two hundred

thousand dollars

$200,000."

ANTIGIJA 8 Law Revision {Miscellaneous) NO. 8 of 1999.
AND (Amendments) Act, 1999.

BARBUDA

Passed the Mouse of Representatives Passed the Senate this 10th
this 28th day of May, 1999. day of June, 1999.

B. Ha&,
Speaker.

S. Walker,
Clerk to the House of Representatives.

M. Percival,
President.

S. WaJker,
Clerk to the Sewte.

Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Acting Government Printer

-By Authority, 1999.
800-7.99 [ Price$3.65 ]

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