Offensive Weapons Bill (Fourth sitting)

Debate between Paul Scully and Louise Haigh

Thursday 19th July 2018 Public Bill Committees

[Louise Haigh]

Q Why would a new offence correct the issues in the criminal justice system around plea bargaining and incorrect charges being applied or magistrates not paying due heed to aggravating circumstances?

Doug Russell: There are three things: it would help to clarify the law, make sentencing a simpler process and hopefully encourage more prosecutions to take place. This is all stuff that would have to be discussed with the Crown Prosecution Service and the Ministry of Justice. If those two work together and we see people getting more of the sentences they deserve for physically attacking or seriously threatening somebody in that situation, I think it would have a deterrent effect in the long run as well.

Tony Dale: There would be a publicity impact as well. If it was a specific offence to assault a shop worker involved in policing age-restricted sales, retailers could advertise that—they could put up zero-tolerance, respect for shop workers posters, notices and so on. While many members of the public think certain people are more protected and should not be abused, quite rightly, such as the police and firefighters, it seems that shop workers are open to abuse—they are fair game.

I think all workers in public-facing businesses should get additional protection. In the context of the Bill there is an opportunity. By widening the range of products that will be subject to age-restricted sales, such as corrosive substances, there will be an opportunity to say, “We will do three things. First, it will be an offence to sell it to someone under 18. Secondly, it should be an offence for somebody under 18 to attempt to buy it. Thirdly, we will give special protection to shop workers who are denying asale to someone under 18.” It seems to me that that is a consistent approach.

[Paul Scully (Sutton and Cheam) (Con)]

Q You might duplicate some of what you have just said to Louise Haigh, but I just want to clarify some things. I have your biography here, Tony. You say that the Bill should make it a specific offence to

“Attempt to purchase corrosive substances and knives underage.”

That should be criminalised. You have talked about that, but we heard in evidence this morning and previously concern about criminalising younger people, who are sometimes forced to make decisions that they would not necessarily take by themselves, perhaps by being goaded or pushed into a place. Could you speak to that a little bit?

Doug Russell: I am aware of that argument. It is one that we have had with various people over the years. Part of the problem is that the law in this area is a bit confused and confusing. In England and Wales, if you are under 18 it is illegal to try to purchase alcohol, and it is illegal to purchase a firearm or an air rifle. The latter is of particular relevance to the Offensive Weapons Bill: obviously, the restriction on firearms and air rifles is because they can be used as an offensive weapon. In Scotland, it is also an offence to try to purchase tobacco products if you are under 18, because in Scotland they had that debate and they decided that they wanted to send a clear message out to young people that society considers it wrong to take up smoking. Therefore, they made that a penalty, as well.

It is a question of the messaging you are giving to young people, which is crucially important. It would be better if there was more consistency across more of those age-restricted products, to make it clear that it is an offence to try to buy. Otherwise, as Tony said, you will end up in a situation where a young person intent on buying this stuff for the wrong reasons just goes around and tries it on in various different stores until they find somebody who, for whatever reason, gives in and gives them the product.

Offensive Weapons Bill (First sitting)

Debate between Paul Scully and Louise Haigh

Committee Debate: 1st sitting: House of Commons
Tuesday 17th July 2018 Public Bill Committees

[Louise Haigh]

Q Finally, part of the lobbying around this Bill and around serious violence more broadly is around the rights of victims in the criminal justice system. Do you have any thoughts on the Victims’ Commissioner’s suggestions that all victims of serious crime should be entitled to an independent advocate? Do you think that would be welcome to help them to navigate through the criminal justice system? Obviously it is quite a complex environment, and often their rights are quite diminished in the wider system.

Andrew Penhale: First, I think it is really important that the victims’ views in the criminal justice system are taken into account. The Crown Prosecution Service has a victim’s right to review system, which requires us to go back and explain our decisions, but also to review them where the victim disagrees. That process is already well established. Whether there is a place for a separate advocate is, again, for a wider debate rather than for the Crown Prosecution Service.

[Paul Scully]

Q I remember going down Sutton High Street with a couple of anti-knife crime charities last year, walking down some of the big department stores and some of the smaller stores as well, looking at the displays and at how easy it is swipe a knife, frankly. Are there any regulations or recommendations that trading standards is able to use at the moment with shops?

Trish Burls: We have local responsible retailer agreements on knives, which echoes the Home Office’s established voluntary agreement on the storage and sale of knives. These are local; it is not national. There are no regulations that prohibit the way in which a knife is displayed, whether that is via a shop doorway or for open access. We rely very much at the moment on retailers’ good will and common sense.