Offensive Weapons Bill

Debate between Baroness Hamwee and Baroness Meacher

Committee: 1st sitting (Hansard): House of Lords
Monday 28th January 2019 Grand Committee

[Baroness Hamwee]

My Lords, my noble friend and I support the noble Lord, Lord Ramsbotham, particularly on the question of the clause standing part. I am conscious of progress in the Chamber, so I will not say as much as I might otherwise have done. It looks like some negotiations are going on. We have a number of other amendments to these clauses as well. In addition to supporting what the noble Lord has said, I want to make clear our implacable opposition to mandatory sentences—in this case custodial ones. Judicial discretion is very important and precious in our system.

Clause 8(4) is a get-out clause, referring to having regard to the duty under the 1933 Act to have regard for the welfare of the child. I do not think this works. It was obviously a response to representations, but it applies only to children, not young adults, and seems to be a nod to that well-established provision without changing anything that surrounds it. I also have a question about the particular circumstances in Clause 8(2). I had a look at the sentencing guidelines yesterday. If that phrase originates from those guidelines then subsection (2) is actually an inversion of them. They require the court to look at the particular circumstances, but Clause 8(2) is the reverse: it is an “unless” provision. Finally, Amendment 37 deals with the appeals subsection. We have added a reference to the criteria in Clause 8(2). I am not sure whether this is appropriate technically, but perhaps we could have an explanation as to how the appeal takes into account the points made in that subsection.

[Baroness Meacher (CB)]

My Lords, I support these amendments tabled by the noble Lords, Lord Ramsbotham and Lord Paddick, and the noble Baroness, Lady Hamwee, and the clause stand part Motion spoken to so ably by the noble Lord, Lord Paddick. The noble Lords made the case very strongly against short-term prison sentences. I want to add my voice to emphasise very strongly just how unhelpful these short-term sentences are, particularly to the very vulnerable young people who are most likely to be caught up in these offensive weapons allegations or crimes. Apart from doing nothing for those individuals, short-term sentences do absolutely nothing for society as a whole. If we do not prevent these young people committing crimes in the future, our society will be all the worse off.

Scotland has shown the way. The removal of judgment in Scotland has been proven to be more cost effective and positive when responding to people with drug and alcohol addiction and other problems often associated with the carrying of knives or corrosive substances. I believe huge proportions of these young people have drug problems. As others have mentioned, the Ministry of Justice has already produced its own evidence of the ineffectiveness of short-term imprisonment. Perhaps the Minister can explain why we are adding to these short-term sentences in this Bill.

I want to draw the Minister’s attention to the radical Checkpoint deferred prosecution scheme in Durham, run by Chief Constable Mike Barton, and very much supported by his police and crime commissioner, Ron Hogg. Checkpoint is a multi-agency initiative which aims to reduce the number of victims of crime by reducing reoffending. This is what this should all be about. The scheme targets low and medium-level offenders—it is not just for people right at the bottom—at the earliest stage of the criminal justice process and offers them a suspended prosecution. It encourages them to engage in services designed to address their problems instead of receiving a caution or going to court, which does not seem to have anything to do with where these kids or young people are coming from. Checkpoint is evaluated by Cambridge University. This is very important because the evidence on this is really very thorough and reliable.

If this amendment were to be accepted by the Government, the objective would be for the Checkpoint policy, or something like it, to be applied to children and young people who are found in possession of an offensive weapon. I know very well how utterly appalling these corrosive substances are. I happen to know a young, beautiful girl whose face has been utterly destroyed by an acid attack. The poor girl has had endless operations and she will not be the beautiful person that she was, although she will be a beautiful person inside and that is what really matters. Nevertheless, I want people to know that I really understand that these are shocking and horrible crimes. The most important thing that we can do is to cut them down, reduce them and, ideally, eliminate them. Anything that somehow does not achieve that is an utter failure, so I feel very strongly about it because we have to do something that is effective.

Checkpoint shows that it is the threat of punishment, rather than the severity of a punishment, that is cost-effective and, most importantly, effective. It argues in favour of taking a whole-person-centred approach to understand the causes of their offending and ensure that those people receive appropriate interventions to address the problems of drug dependence, debt issues or homelessness—a whole range of problems that these young, very vulnerable people face. Indeed, its figures from a random control trial—and I emphasise that it is a random control trial, not just any old tin-pot kind of study—show that reoffending is reduced by 13% if we do not send these people to custody but instead try to get them involved in help for their problems.

Its study of young offenders who have committed crimes on more than five occasions within a year is very important. You might think that these are hopeless cases and that there is no point in doing anything. This study looks at the traumatic experiences during childhood that so many of those repeat offenders have experienced. Almost all have been exposed to violence, physical harm or danger, parental offending or admissions to A&E due to physical harm or trauma. They have frequently exhibited violent behaviour or problems in school and have been excluded.

We have to ask ourselves about the effect of putting those young, very vulnerable, damaged children into custody for just another dose of punishment. They obviously need a great deal of therapeutic help and support to begin to recover from their childhood experiences. Durham Constabulary, West Midlands Police and other police services are, in my view, leading the way in exploring policies which will benefit not only the vulnerable but society as a whole by reducing reoffending and will also save vast police and prison resources, but that is not the point. This is about reducing these terrible crimes and helping the vulnerable.

I hope this legislation can be amended to ensure that it works with the grain of new, evidence-based criminal justice policy. It is interesting that police services are taking the lead in this crucial field. Of course, the police have their street-level experience; I always have great regard for the noble Lord, Lord Paddick, for this reason—he knows what goes on on the street. They are saying we should not send these people to prison because they see them coming round again and again. I take this very seriously; I think we all should. I hope the Minister will discuss with us how best to amend this Bill. I very much look forward to the Minister’s reply.