Offensive Weapons Bill

Debate between Viscount Goschen and Baroness Williams of Trafford

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 30th January 2019 Grand Committee

[Viscount Goschen]

My Lords, I draw to the Committee’s attention that that this type of knife is often contained in a multi-tool type product, for which there are numerous applications. Motorists, hobbyists, farmers and all sorts of people regularly carry them. They often have small blades which, because of the multiplicity of functions within the product, are accessed by a knob or protuberance of metal. It would be regrettable if such products were caught by accident within the clause.

Perhaps I may ask the Minister a question to which I would be happy for her to reply in writing—it refers to something that we have recently passed. If an individual were to steal a knife from a shop, would they be considered to be guilty also of being in possession of that knife, of carrying it? If not, I suggest that it might be looked at in regulations and that the law should consider it a more serious offence than stealing something of the equivalent value of a Mars bar or some other food item, but it is a technical point.

[Baroness Williams of Trafford]

I thank my noble friend for clearly outlining the intention of his amendments. On Amendment 61, I say from the outset that it is not the intention of Clause 21 to prohibit knives that can be opened manually. The types of knives covered by the legislation are those which can be opened automatically, from either a closed position or a partially opened position to the fully opened position. The legislation makes no reference to knives that can be opened manually and therefore those knives that can be opened with one hand using pressure from the thumb on a small protuberance, usually known as a thumb stud, do not fall under the legislation.

Amendment 62 would exempt folding knives which may be locked into position when fully extended, provided that the blade is less than three inches long. In responding to this amendment, it may assist the Committee if I briefly outline the current legislation regarding possession of bladed articles. Section 139 of the Criminal Justice Act 1988 makes it a criminal offence to carry a knife in a public place, except for folding pocket knives if the cutting edge of the blade does not exceed three inches. Section 139(4) and (5) of the 1988 Act provide a good reason or lawful authority defence for persons to have the article with them in a public place. In addition, and without prejudice to the generality of this defence, there are specific defences where the bladed article is for use at work, in a person’s possession for religious reasons, or is part of a national costume. Therefore, if a person needs to carry a folding locking knife owing to the nature of the activity to be undertaken—for example, to participate in outdoor activities such as fishing—they can avail themselves of one of the defences provided in the legislation.