Offensive Weapons Bill

Debate between Lyn Brown and Philip Davies

2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018 Commons Chamber

[Philip Davies (Shipley) (Con)]

This is a substantial Bill that has been published only relatively recently. After today’s debate, I shall continue to look into some of the points that have been raised with me about the Bill, as clearly some need further investigation, particularly those in relation to guns, as we have heard from some of my hon. Friends.

There is clearly a problem with violent crime, knife crime and the horrific acid attacks that we have all heard about. There are many things that I would like to see us do to curb those terrible crimes. The shadow Minister knows that I totally agree with her about police numbers. That would be a good place to start. We could also stop releasing prisoners automatically halfway through their sentences, and then giving them scandalous 28-day fixed-term recalls when they reoffend. We could stop faffing around and interfering with the police on stop and search and let the police get on with their job. We could also ensure that much tougher sentences are handed down by our courts in the first place to persistent and serious offenders.

This Bill is clearly the Government’s attempt to do something. I just hope, as I do with all Bills, that there are no unintended consequences. One thing that strikes me as a possible example of that is the intention to prevent online and remote retailers being able to deliver knives to residential premises. That means that people will have to pick up knives themselves, and in an age of increased internet shopping, this will reverse that trend, forcing the general public to collect their own knives and somehow get them home. I sincerely hope that ordinary, decent, law-abiding people do not get caught up in any possession charges for, for example, forgetting to remove the knife for a few days after purchase, and finding that they have no legal, lawful authority to be in possession of the blade.

The present situation is that if the knife is being delivered, it goes from the shop or warehouse straight to someone’s home, so this is currently not an issue in these circumstances. Conversely, it also seems to me to be a very handy possible excuse for someone caught in possession of a blade: a person just needs to buy a knife every day, and if they ever get stopped they can say that they have just bought it, as they could not buy it online, and then, presumably, they have a legal defence for carrying it.

Knives are very difficult to control, because they are everywhere. How many knives are in each and every household? That will not change. Knives will always be very accessible indeed. There is not really any need for anyone under the age of 18 to buy an average knife, as they will already easily be able to get hold of one if they so wish. What we can and must do is crack down on those who think that it is a good idea to carry them around with a view to using them in an attack, or defending themselves from an attack. On this point, I have some rare praise for the knife crime sentencing guidelines, which, as I understand it, have been amended recently and will increase the starting point for possession of a blade to about six months’ custody.

Bearing that in mind, the sentences proposed in the Bill for actions that are currently perfectly legal—in relation to traders for non-compliance after this Bill becomes law—also range up to 51 weeks. Although I appreciate that that is a maximum, I am not sure that these offences are in anything like the same league. Perhaps more pertinently, we were told, just the other day when we were discussing the sentences for those who attack emergency service workers, that it was right that the maximum should be set at a year. Therefore, giving 51 weeks to a trader for posting a knife to a residential address and also to someone for attacking an emergency service worker does not necessarily sit well with me.

Let me turn now to threatening offences with knives and offensive weapons. I should say in passing that the House should realise that, in terms of sentencing on knives, 40% of knife possession offences attracted a prison sentence—therefore 60% did not—and 62% of offences of threatening with a knife resulted in custody. Again, many offences of threatening someone with a knife—38%—do not result in a custodial sentence. In 2016, somebody with 14 previous knife offences was still not sent to prison for committing a further knife offence.

[Lyn Brown]

I am listening carefully to what the hon. Gentleman is saying. I know that he will hear me when I tell him that, in my constituency and in other similar constituencies, some young people carry, unfortunately, because they are afraid. Simply brandishing a knife does not necessarily mean that that person wants to use it, or that they are anything other than terrified by the situation in which they find themselves. I am pleased that our courts are showing some discretion. I urge him to consider carefully where he is going with this.

[Philip Davies]

Where I am going is to make this point: somebody who had 14 previous knife offences and who was then convicted of another knife offence should be sent to prison. The hon. Lady might not agree with that—that is her prerogative—but she will find herself in a minority on that particular view.

I hope the Minister will listen carefully to my next point. Serious offences with knives and offensive weapons, not necessarily trading offensive weapons, should come within the unduly lenient sentence scheme. Perhaps that is something that could be addressed in this Bill. I also wish to support an extension of the principle that committing a subsequent similar offence means a mandatory sentence. I would like to see a sentencing escalator, which means that every time a person is recommitted for the same offence they get a higher sentence than they received the previous time.