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London Olympic Games and Paralympic Games (Amendment) Bill

My Lords, I sought to intervene in the noble Lord’s speech because I thought that it might be convenient at that point to clarify a particular issue. I am not clear whether he envisages, as a result of imposing a custodial sentence, that it would be dealt with in the Crown Court rather than the magistrates’ court and whether that runs into all the objections to going to Crown Court to which he referred earlier. Having said that, I am not unsympathetic to what he proposes. Given the issue of organised criminal gangs, it may well be that £20,000 is not an appropriate sum and that we would go to a higher level. But if we are not going to do that, particularly in the case of an organised gang, a custodial sentence would not seem inappropriate. However, when I look at the original Act, I am somewhat concerned about that because this penalty relates to offences under Section 31(1), which reads: "““A person commits an offence if he sells an Olympic ticket … in a public place or in the course of a business, and … otherwise than in accordance with a written authorisation issued by the London Organising Committee””." It is not clear to me what the position would be with someone not in a criminal gang who finds at the last moment that they cannot use their tickets, which they have purchased, and stands outside the stadium offering them for sale. I am not clear whether they would be subject to all the rigours of a fine not exceeding level 5 —although one would hope that the courts would deal appropriately with such a case—or whether they might, under the amendment, be subject to a custodial sentence. We need to be clear on exactly what the position is under Section 31(1) before we decide to increase the penalties which would be imposed.