Knife Crime

Lord Austin of Dudley Excerpts

Monday 25th March 2019 Westminster Hall

[Ian Austin (Dudley North) (Ind)]

I thank the Petitions Committee and the hon. Member for Hartlepool (Mike Hill) for bringing this debate. It is a pleasure to follow the hon. Member for Hornchurch and Upminster (Julia Lopez) and to hear what she had to say. Ryan Passey, Christina Edkins and Jaskaran Kang, young people from Dudley, were tragically murdered with knives. Last year, Yasir Hussain and Christopher Harm both lost their lives. Elsewhere in the Black Country last year, Reagan Asbury and James Brindley were both tragically killed on nights out. Our hearts go out to their families and friends.

People in Dudley are furious about the increase in knife crime. They want tougher action and more police on the streets to deal with it. The responsibility obviously lies with the people who go out with a knife and then use it, but we would not have needed a crystal ball to predict that cutting the number of police officers, huge cuts to neighbourhood policing teams, the closure of youth centres, sports projects, community centres and other organisations that keep young people off the streets, and sending fewer people to prison would mean that crime—tragically, violent crime—would increase.

It is shocking to read the results of an investigation in today’s Express and Star:

“Less than one in three criminals arrested with a knife in the West Midlands are sent to prison”.

The paper is completely right to describe the situation in the west midlands as a knife crime epidemic, with the number of cases up 20% over the last year. The points made by my hon. Friend the Member for Gedling (Vernon Coaker) are completely right, of course, but how can it be the case that criminals are being spared jail despite committing dozens of offences? According to media reports this weekend, one dangerous offender was convicted 21 times for possession of a knife without being sent to prison and another committed 33 assaults before eventually being jailed for the 34th.

West Midlands Chief Constable Dave Thompson has declared knife crime across the region an “emergency”. He has implemented extensive stop-and-search powers in Birmingham following a spate of fatal stabbings. The force said that it had stopped and searched 408 people using its new powers over four days earlier this month, arresting 24 people and seizing 14 weapons.

[Sarah Jones]

My hon. Friend is highlighting the situation in the west midlands. Does he agree that the proportion of people who are being sent to prison for knife offences had doubled in recent years? We lock up more people than any other European country. About 400 children are serving life sentences or sentences of more than 14 years in this country, compared with just two children serving life sentences in the rest of the EU combined. Although I absolutely understand my hon. Friend’s point and his frustration, at a national level we need to accept that we put a lot of people in prison and so should carefully consider whether we increase that number.

[Ian Austin]

I commend my hon. Friend for her work with the all-party group. I understand her point but, in the end, if someone has been caught with a knife 21 times, or has been convicted of 33 assaults, I think they should be in prison. Frankly, as I will talk more about in a minute, there should be strong sentences and tough deterrents. Of course, we also have to have all those other things going on in society to prevent people from being sucked into crime, as she has talked about in the all-party group and I will go on to talk about as well.

When people use knives and behave violently there should be tough sentences. Society needs to send out a strong message that that is completely unacceptable. Although the number of people being imprisoned might have gone up recently, it is fair to say that it certainly fell in the previous few years under this Government.

According to Ministry of Justice figures, 1,182 people were cautioned or convicted by the West Midlands police for the possession of a knife or offensive weapon in 2018, but just 347—29%—went to prison. That represents a 7% drop on the previous year and is under the national average. Across the region, 326 knife criminals were handed a community order, 256 were given a suspended sentence and a further 99 were fined or discharged from court without a sentence.

One in four criminals cautioned or convicted were children. It is a tragedy that children are going out with knives.

[The Minister of State, Ministry of Justice (Rory Stewart)]

For the record, we have gone from approximately 40,000 people in prison in 1995 to 82,000 people in prison now. In that period, the British population grew by about 15%, but the number of people in prison doubled. We have one of the highest incarceration rates in the world, so we have to be cautious about the idea that we are somehow soft on justice in this country.

[Ian Austin]

I am sure the Minister will quote all sorts of figures as to why the knife crime epidemic is not the Government’s fault, is not the result of not sending enough people to prison, and is not because they have not kept the promises they made before they were elected eight or nine years ago—I will come to that. It is all well and good for the Government to claim that people caught with a knife are more likely to be jailed now than at any time in the last 10 years, but that is because the number of people being jailed fell after they came to power almost 10 years ago, despite all the promises they made so loudly and frequently in when they were in opposition. The promise was clear: anyone caught carrying a knife would go to jail.

In 2008, the then leader of the Conservative party gave an interview to The Sun, which said that:

“anyone caught carrying a knife will be jailed under a Tory Government, David Cameron vows today. The Conservative leader declares automatic jail terms for carrying a dangerous knife is the only way of smashing the current epidemic gripping broken Britain”.

He repeated the pledge to relatives of high-profile victims, such as the father of Damilola Taylor and the former EastEnders star, Brooke Kinsella, whose brother was tragically murdered. The police and crime commissioner for the west midlands says that the courts are still failing to hand out sentences that reflect the public’s demands for justice after criminals have been arrested and charged.

Despite a lengthy police investigation and a court case, nobody has been convicted for the death of Ryan Passey, the young man I mentioned earlier who was tragically killed on a night out in Stourbridge. That is a source of huge public concern in Dudley and the Black Country, and there has been a big campaign by his family and friends. Will the Minister meet me and the hon. Member for Stourbridge (Margot James), with whom I have been working, and the people campaigning about that case, so he can examine it in detail?

Of course we need schools, youth services, police support and more opportunities for young people, as my hon. Friend the Member for Gedling said, but people in Dudley also want to see more police on the streets, tougher sentences and proper punishments to prevent people from going out with a knife in the first place.

--- Later in debate ---

[Rory Stewart]

I am including suspended sentences as well as immediate custodial sentences. In the case of a suspended sentence, if somebody breaks their licence conditions, they will be recalled to court for the remainder of their custodial sentence.

[Ian Austin]

What proportion of the 82% get suspended sentences, and what proportion receive immediate custodial sentences?

[Rory Stewart]

Out of that 82%, approximately 22% of the cohort do not receive a full custodial sentence. All that goes to the core of what the mitigating and aggravating factors in the judge’s hands are. As the hon. Member for Gedling pointed out, this is absolutely standard in any legislation that we bring forward—we leave some discretion for the judges.

One of the questions at the core of this issue has been raised again and again by the hon. Members for Croydon Central (Sarah Jones) and for Battersea (Marsha De Cordova): deterrence. In order to be practical, we need to focus on the fact that the main thing that the evidence suggests makes a difference to somebody who is considering committing a crime is their chance of being caught. Their receiving a six-month, nine-month or 12-month sentence, or even a five-year sentence, is much less likely to motivate their behaviour than the chance of being caught. In burglary, for example, it is almost certainly the very low rate of conviction, rather than the length of sentence, which has made the difference. If someone feels that they have a 3% chance of being caught, it does not really matter how long the sentence is, which is why most of our focus is now going into putting another £100 million behind the police to focus on knife crime, rather than on increasing this form of sentence length.

There is another reason that we have to be cautious in response to the suggestions for a 25-year sentence for using a knife and a 10-year sentence for possessing a knife: any sentencing needs to balance with other forms of sentencing, otherwise victims and their families will feel that justice has not been done. What do I mean by that? If someone gets a 25-year sentence for using a knife in any way—cutting somebody with a knife—while the minimum custodial sentence for murder is 15 years, it would be very understandable that a family would look at somebody getting 15 years for murder and wonder why somebody else was getting 25 years for using a knife. The same would be true if someone got 25 years for using a knife and another person got 25 years for killing somebody with a knife; the family would understandably ask, “How come this person is getting 25 years for using a knife to wound, when here is another person getting 25 years for committing murder with a knife?”

It is a fundamental principle of our law that we look at the consequence of the crime and the culpability of the criminal; we do not look at the weapon used. We do not determine whether somebody used a crossbow, a gun or a knife; we look at whether it was murder or grievous bodily harm. What form of offence was committed? That is really important, because if we start introducing offences based purely on the type of weapon that is used, we will end up with injustice being felt all the way through our legal system. That does not mean that we cannot look at sentencing, but this particular proposal does not make sense.

Let me address the proposed 10-year sentence for possessing a knife. Currently the minimum sentence for possessing a firearm is five years. The public would feel a deep injustice if someone were to get 10 years for a knife and another person got five years for a firearm—it simply does not make sense. In thinking about sentencing, we cannot think about just one type of offence; we have to think about the effect on the whole system.

I shall move on quickly, because I am aware that we have trespassed on your patience for a very long time, Mr Davies. I want to discuss early intervention and prevention, supporting communities, and effective law enforcement, which are the three central planks of any response to knife crime. On early intervention and prevention, the hon. Members for Washington and Sunderland West (Mrs Hodgson) and for Croydon Central made very eloquent interventions and speeches. I pay tribute to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for—given Scotland’s extraordinary success in this area—a very modest and charming speech. I thought it was a very intelligent speech, which demonstrated that there is not a one-size-fits-all solution and that we can learn from Scotland without replicating their approach. I pay tribute to what Scotland has done and the spirit with which the hon. Gentleman approached this debate.

Clearly we have to look at risk factors. The key risk factor in an individual involved in knife crime is the individual themselves. As the hon. Member for Rhondda (Chris Bryant) has pointed out, that could mean an acquired brain injury, or neglect, or abuse in the home. The second factor is the family context, which is central. In a recent study, 47% of people who had committed homicide had been in care—almost half of them. The third factor is the community context in which people operate. Living in a deprived neighbourhood makes someone much more likely to commit knife crime.

Another important factor is the school that someone attends. Serious risk factors include an individual being caught up in bullying at school or playing truant, and we need to do more to work with schools. Schools are quite good at picking up on children who are victims of domestic abuse, but are they good enough at identifying people who are being sucked into knife crime? Should we be working with Ofsted to try to assess schools on how good they are at identifying people who are being sucked into knife crime?

Someone’s peer group—the people with whom they spend their time—is the fifth biggest risk factor in determining whether they get sucked into knife crime. We can respond; this is not just touchy-feely nonsense. We can prove that a targeted approach, not a universal approach, is most effective. It is about being really smart with public money. The answer is not to lecture every child in the country on knife crime, but to ensure that we target those who are most at risk with the most serious support. The likelihood of a child going on to commit a violent offence can be reduced by 25% by bringing in a therapist with a case load of five or six children and ensuring that the therapist spends time with the family once a week. That one thing makes a huge difference. As we begin to build up these different things, we can begin to address some of the underlying causes of knife crime.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East spoke eloquently about supporting communities. We need a multi-agency public protection arrangement-style approach, which is something that, again, the hon. Member for Gedling referred to. We need to think about comms and how we get a proper media approach. We need to think about how that could be a digital media approach. How do we communicate to people the dangers of knife crime? We need to think about what we do with retailers who sell knives, which involves bringing in trading standards. If we are going to wrap up different bits of Government, we need trading standards to get under-18-year-olds to try to buy knives online. We need under-18-year-olds to go into shops—even small retailers—to try to buy knives and then report back to the retailer if somebody on the shop floor has sold a knife to someone who is under age.

We need to think about victim support, as the hon. Member for Hornsey and Wood Green (Catherine West) said. The answer to her specific question is that anybody who witnessed the attack is entitled to victim support. They do not need to be related to the victim. I am very pleased that she champions that issue.

Foreign National Offenders: Prison Transfers

Lord Austin of Dudley Excerpts

Tuesday 19th February 2019 Westminster Hall

[John Howell]

On a point of order, Mr Austin. May I correct the record? I said that the capacity of Huntercombe was 1,300; it is actually 480. I read the wrong figure.

[Ian Austin (in the Chair)]

Thank you.

Oral Answers to Questions

Lord Austin of Dudley Excerpts

Tuesday 31st October 2017 Commons Chamber

[Mr Lidington]

We will be happy to look into that and to take account of any representations that my hon. Friend wishes to make.

[Ian Austin (Dudley North) (Lab)]

T2. Why are the Government planning to give security companies and bailiffs the power of arrest, because that will be the result of privatising the collection of court fees? A petition opposing those plans has been signed by 16,000 people because they do not believe that either 150 jobs, or the safety and finances of vulnerable people, should be put at risk.

[Mr Lidington]

These are not in fact new powers; they have been in use across the country for many years. They apply to arrests relating to debt and community penalty breaches, and they must follow the issue of a warrant of arrest from the criminal courts. Any use of these powers is overseen by Her Majesty’s Courts and Tribunals Service.