Crime and Policing Bill (Fourth sitting) Debate
Full Debate: Read Full DebateAlex Barros-Curtis
Main Page: Alex Barros-Curtis (Labour - Cardiff West)Department Debates - View all Alex Barros-Curtis's debates with the Home Office
(3 days ago)
Public Bill CommitteesClause 10, which creates new section 139AB of the Criminal Justice Act 1988, makes it illegal to possess a bladed or offensive weapon with intent to commit unlawful violence, cause fear of violence, inflict serious damage to property or enable another to do so. A “relevant weapon” for the purpose of the clause includes a bladed article covered by section 139 of the 1988 Act or an offensive weapon within the meaning of the Prevention of Crime Act 1953. Additionally, the clause amends section 315 of the Sentencing Act 2020 to bring the offence under the mandatory minimum sentencing regime for repeat offenders, ensuring consistency with existing laws on knife possession and threats involving weapons.
Clause 11 amends the Criminal Justice Act 1988 to increase the maximum penalty for manufacturing, selling, hiring or lending prohibited weapons. In England and Wales, those offences are currently summary-only, which means they can be tried only in the magistrates court. The Bill makes them triable either way, meaning they could be tried in either the magistrates court or the Crown court.
Offensive weapons, in particular bladed articles and corrosive substances, have become one of the most pressing concerns in our fight against violent crime. The alarming rise in the use of these dangerous items in criminal activities has not only led to an increase in injuries and fatalities, but instilled fear and a sense of insecurity in communities across the country. The harm caused by these weapons, from knives to acid, is devastating; victims of attacks are often left with life-altering injuries and long-term psychological trauma.
I am sure that all Members, regardless of their party, are united in their determination to ensure that the strictest rules are in place to limit the use of such weapons and ensure that those possessing them feel the full force of the law. It is crucial that we ensure the provisions in the Bill are fair, effective and targeted. The Opposition amendments propose key constructive changes that would strengthen and complement the Bill by ensuring that it is balanced, focused and respectful of individual rights, while still taking robust action to combat the possession and use of offensive weapons in our communities.
Offensive weapons, including knives, blades and corrosive substances, have become tools of shameless violence, often used in serious criminal activities that devastate individuals and communities. We cannot help but remember the countless victims of stabbings in recent years. They are all too many and all too tragic—from PC Keith Palmer, who died in the line of duty protecting Members in this place, to Sir David Amess, one of the gentlest and most genuinely kind individuals you could ever wish to meet, who was barbarically murdered. Those two brave men were murdered not simply by evil and vile terrorists, but by evil and vile terrorists wielding bladed weapons.
I know that tragic instances of stabbing have taken place in the constituencies of many Members, with young lives extinguished or endangered by these weapons. Just recently, a group of individuals armed with knives forcibly entered a private event at Elm Park primary school in London. The assailants assaulted and robbed attendees, and a 16-year-old boy and a 19-year-old man were hospitalised after being stabbed. Twelve individuals were arrested in connection with the incident. One of the most shocking facts is that the youngest of those arrested was just 12 years old.
Already in 2025, there have been far too many cases involving knives and the extinguishing of young lives. In February, a 15-year-old boy was fatally stabbed at All Saints high school in Sheffield. He was attacked three times on his way to lessons—attacks that were witnessed by other students. The emergency services were called and, although the boy was taken to hospital, he succumbed to his injuries shortly afterwards. A fellow 15-year-old student was arrested on suspicion of murder and is in police custody.
Our aim with amendment 39 is not to obstruct but to help strengthen the Bill, so that such cases can never be repeated. The Bill includes several provisions to criminalise the possession of these items in public spaces and introduces serious penalties for individuals caught with them. The goal is to deter violent crimes and reduce the risk posed by such weapons on our streets. The amendment would make a crucial change to clause 10 by increasing the maximum sentence for possession of a weapon with intent to commit unlawful violence from four years to 14 years. The amendment is not only justified but necessary to ensure that our laws properly reflect the severity of such offences.
The independent reviewer of terrorism legislation recommended an increase in the maximum sentence following the Southport attack. It is clear to many that the current four-year maximum does not adequately address the serious threat posed by individuals who arm themselves with the intent to cause harm. By increasing the penalty to 14 years, we would send a clear and unequivocal message that such dangerous behaviour will not be tolerated, and that those who pose a risk to the public will face appropriately severe consequences.
Weapons in the hands of those with violent intent represent a grave danger to both individuals and society at large. The possession of a weapon with the clear purpose of causing harm, whether in a terror-related incident, gang violence or a premeditated attack, is an extreme and deliberate act. It is right, therefore, that the law provides sufficient deterrence and punishment. A 14-year maximum would better reflect the devastation that these crimes can cause and align sentences with those for similarly grave offences such as attempted murder and serious violent crimes.
It is a pleasure to serve under your chairmanship, Mr Pritchard.
I rise in support of clauses 10 and 11 and to speak against amendment 39 and new clause 44, well-intentioned though I am sure they are. The shadow Minister mentioned Jonathan Hall KC, the independent reviewer of terrorism legislation. I want to focus briefly on his March report, to which I believe the shadow Minister was referring.
The explanatory statements to amendment 39 and new clause 44 state—I paraphrase—that the independent reviewer of terrorism legislation recommended an increase in sentence in his review following the Southport attack. His report, titled “Independent Review on Classification of Extreme Violence Used in Southport Attack on 29 July 2024” and dated 13 March this year, is one that I am sure many colleagues across the House have read. I put on the record my sympathies to everybody involved in that heinous attack and to the victims of the other attacks that the shadow Minister mentioned—and, of course, we think of Jo Cox, a friend much missed and loved in all parts of the House.
There is a risk of misunderstanding in the amendments, albeit I am sure they are well-intentioned. If one looks at Mr Hall’s quite lengthy report in detail, it says a number of things about what is proposed in clause 10. He states that the new offence that we propose to create here
“appears to fill an important gap”.
He goes on to say that
“where a killing is contemplated, the available penalty appears too low for long-term disruption through lengthy imprisonment.”
He concludes by recommending that the Government bring forward legislation to create a different, new offence,
“where an individual, with the intention of killing two or more persons, engages in any conduct in preparation for giving effect to this intention. The maximum sentence should be life imprisonment.”
Importantly, he says:
“If this offence is created, then there is no need to reconsider the maximum sentence for the proposed offence of possessing an article with violent intent under the Crime and Policing Bill.”
I pay tribute to Mr Hall for his work. The Prime Minister and the Government have committed to acting urgently on the points that he has identified, and to considering the new offence that he references at the end of his report. Given the complexity and the interplay between terrorism and non-terrorism legislation, which Mr Hall acknowledges, they should do so with great care and in consultation with appropriate stakeholders such as the Law Commission. That must be done, in order to ensure that whatever new offence is arrived at is practical, workable and absolutely unimpeachable. That work must continue and conclude, but in the interim, clause 10 does the job.
I point out to Opposition Members that the Bill does not just create a new offence in clause 10, which in itself is sufficient, but does much on youth diversion orders—we will come to those when we debate clauses 110 to 121—and, in clause 122, on the banning of dangerous weapons such as corrosive substances. In written evidence to the Committee, Jonathan Hall himself broadly welcomed those additional measures. For the record, the written evidence reference is CPB 02. He states that youth diversion orders are “extensions” to his original recommendations and that they “are justified”. In respect of clause 122, he states that this is gap that he has previously recommended filling and that the power is much needed. Of course, the Government have done other great work, often with support from both sides of the House. On the statute book right now is Martyn’s law, which will better allow venues to tighten counter-terrorism measures.
There is a package of measures—some already on the statute book, and other important measures, which we are discussing today, that we will hopefully get on the statute book without undue delay. I therefore submit to the shadow Minister that, while they are no doubt well-intentioned, amendment 39 and new clause 44 are not needed at this time. Let the work that I have referenced, and that the Government have committed to, get under way, so that that can be done properly, in line with, and not in contradiction to, what Mr Hall has said, and let us proceed with clauses 10 and 11 as they stand.