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Before becoming Bishop of Newcastle, I was an archdeacon in south-east London. In my archdeaconry, sadly, was Eltham, where Stephen Lawrence died. I do not, therefore, underestimate the sheer heartbreak and devastation of knife crime, particularly when young people are involved. This crime is growing and growing. I have sat...

Member
Bishop of Newcastle (Bishops (affiliation))
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c382GC
House
House of Lords

My Lords, I have given notice of our intention to oppose the question that this clause should stand part of the Bill. I will also speak to Amendments 71 and 72. Clause 28 would change current legislation in terms of the risk that must be present for an offence of...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 cc365-6GC
House
House of Lords

I am grateful to the noble Lord, Lord Paddick, for affording the Committee the opportunity to debate the provisions in the Bill updating the offences of threatening with an offensive weapon. It may assist the Committee if I briefly explain the provisions in Section 1A of the Protection of Crime...

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 cc366-7GC
House
House of Lords

My Lords, can my noble friend say how many offences are committed annually on further education premises, which are the subject of Clause 29? Further education premises are a place where perhaps a majority of the people have an offensive weapon, as defined in the Bill, as part of what...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c367GC
House
House of Lords

I thank my noble friend for his question. As we are including FE colleges for the first time in the legislation, we do not have the data as yet, but that will be captured in future. We have the data on schools and public places, which I am happy to...

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c367GC
House
House of Lords

My Lords, if you are waving a screwdriver about, there is a risk of physical harm, which is the point of the old wording of “serious physical harm”:

to rule out such a random occurrence. In public places, in schools, by and large people do not handle physical, offensive weapons...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c367GC
House
House of Lords

I hope that I can reassure my noble friend on two points: first, the spirit of the legislation is not to criminalise people in the way that he has described; secondly, the sentencing guidelines were updated relatively recently, in June last year, and give multiple scenarios for the courts to...

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c368GC
House
House of Lords

I would be grateful if my noble friend could share that.

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c368GC
House
House of Lords

My Lords, can the Minister remind us of the youngest age to which these provisions apply? I remind her that it is the effect of the legislation, not the intention, that matters.

Member
Lord Elton (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c368GC
House
House of Lords

The youngest age to which the provisions apply is 10—the standard age of criminal responsibility.

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c368GC
House
House of Lords

My Lords, I invite the Minister to look at proposed new subsection (1A)(b) under Clause 29(2) on page 31 of the Bill, where there is reference to unlawfulness and intention.

Member
Lord Garnier (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c368GC
House
House of Lords

I thank my noble and learned friend for helpfully pointing out that detail.

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c368GC
House
House of Lords

My Lords, I am grateful to the Minister for her explanation, most of which does not seem to hold water. She said that under the existing offence, someone can only get six months in prison, so they are unable to get a community sentence. However, an offence of affray carries...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 cc368-9GC
House
House of Lords

Moved by

Lord Kennedy of Southwark

73: After Clause 30, insert the following new Clause—

“Offence of threatening with a non-corrosive substance

(1) A person commits an offence if they threaten a person with a substance they claim or imply is corrosive.

(2) It is not a defence for a person to prove that the...

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c369GC
House
House of Lords

My Lords, Amendment 73 seeks to add a new clause to the Bill concerning threatening someone with a non-corrosive substance; as we have heard, it is known as a fake acid attack. My noble friend Lord Tunnicliffe first raised this matter at Second Reading in your Lordships’ House.

We all know...

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 cc369-370GC
House
House of Lords

My Lords, I fully appreciate the intention behind the noble Lord’s proposed new clause. Personally, I have a concern about filling up our statute book with more and more criminal offences, particularly when they replicate existing crimes. It is already an offence to threaten violence. I take the point he...

Member
Lord Garnier (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c370GC
House
House of Lords

My Lords, I am grateful to the noble and learned Lord, Lord Garnier, for supporting what I said in the last group of amendments—albeit he has saved his comments for this group. My argument is that perfectly good legislation is on the statute book, and the additional offence concerning further...

Member
Lord Paddick (Liberal Democrat)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c370GC
House
House of Lords

I thank the noble Lord for explaining his amendment, which he went through at Second Reading. I cannot say that I disagree with the sentiment behind it, because we all know of cases where people have been threatened with fake acid. I also remember the spate of fake gun attacks...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c371GC
House
House of Lords

I thank the Minister for her response. I also thank the noble and learned Lord, Lord Garnier, and the noble Lord, Lord Paddick, for their contributions to this short debate; both made reasonable points. I am not in favour of filling up the statute book with lots of laws; I...

Member
Lord Kennedy of Southwark (Labour)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 c371GC
House
House of Lords

Moved by

Baroness Williams of Trafford

73A: After Clause 31, insert the following new Clause—

“PART 5

KNIFE CRIME PREVENTION ORDERS

Knife crime prevention orders made otherwise than on conviction

Knife crime prevention order made otherwise than on conviction

(1) A court may make a knife crime prevention order under this section in respect of a person...

Member
Baroness Williams of Trafford (Conservative)
Type
Proceeding contributions
Date
6 February 2019
Reference
795 cc372-3GC
House
House of Lords