Offensive Weapons Bill

Philip Davies Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018 Commons Chamber

[Philip Davies (Shipley) (Con)]

This is a substantial Bill that has been published only relatively recently. After today’s debate, I shall continue to look into some of the points that have been raised with me about the Bill, as clearly some need further investigation, particularly those in relation to guns, as we have heard from some of my hon. Friends.

There is clearly a problem with violent crime, knife crime and the horrific acid attacks that we have all heard about. There are many things that I would like to see us do to curb those terrible crimes. The shadow Minister knows that I totally agree with her about police numbers. That would be a good place to start. We could also stop releasing prisoners automatically halfway through their sentences, and then giving them scandalous 28-day fixed-term recalls when they reoffend. We could stop faffing around and interfering with the police on stop and search and let the police get on with their job. We could also ensure that much tougher sentences are handed down by our courts in the first place to persistent and serious offenders.

This Bill is clearly the Government’s attempt to do something. I just hope, as I do with all Bills, that there are no unintended consequences. One thing that strikes me as a possible example of that is the intention to prevent online and remote retailers being able to deliver knives to residential premises. That means that people will have to pick up knives themselves, and in an age of increased internet shopping, this will reverse that trend, forcing the general public to collect their own knives and somehow get them home. I sincerely hope that ordinary, decent, law-abiding people do not get caught up in any possession charges for, for example, forgetting to remove the knife for a few days after purchase, and finding that they have no legal, lawful authority to be in possession of the blade.

The present situation is that if the knife is being delivered, it goes from the shop or warehouse straight to someone’s home, so this is currently not an issue in these circumstances. Conversely, it also seems to me to be a very handy possible excuse for someone caught in possession of a blade: a person just needs to buy a knife every day, and if they ever get stopped they can say that they have just bought it, as they could not buy it online, and then, presumably, they have a legal defence for carrying it.

Knives are very difficult to control, because they are everywhere. How many knives are in each and every household? That will not change. Knives will always be very accessible indeed. There is not really any need for anyone under the age of 18 to buy an average knife, as they will already easily be able to get hold of one if they so wish. What we can and must do is crack down on those who think that it is a good idea to carry them around with a view to using them in an attack, or defending themselves from an attack. On this point, I have some rare praise for the knife crime sentencing guidelines, which, as I understand it, have been amended recently and will increase the starting point for possession of a blade to about six months’ custody.

Bearing that in mind, the sentences proposed in the Bill for actions that are currently perfectly legal—in relation to traders for non-compliance after this Bill becomes law—also range up to 51 weeks. Although I appreciate that that is a maximum, I am not sure that these offences are in anything like the same league. Perhaps more pertinently, we were told, just the other day when we were discussing the sentences for those who attack emergency service workers, that it was right that the maximum should be set at a year. Therefore, giving 51 weeks to a trader for posting a knife to a residential address and also to someone for attacking an emergency service worker does not necessarily sit well with me.

Let me turn now to threatening offences with knives and offensive weapons. I should say in passing that the House should realise that, in terms of sentencing on knives, 40% of knife possession offences attracted a prison sentence—therefore 60% did not—and 62% of offences of threatening with a knife resulted in custody. Again, many offences of threatening someone with a knife—38%—do not result in a custodial sentence. In 2016, somebody with 14 previous knife offences was still not sent to prison for committing a further knife offence.

[Lyn Brown]

I am listening carefully to what the hon. Gentleman is saying. I know that he will hear me when I tell him that, in my constituency and in other similar constituencies, some young people carry, unfortunately, because they are afraid. Simply brandishing a knife does not necessarily mean that that person wants to use it, or that they are anything other than terrified by the situation in which they find themselves. I am pleased that our courts are showing some discretion. I urge him to consider carefully where he is going with this.

[Philip Davies]

Where I am going is to make this point: somebody who had 14 previous knife offences and who was then convicted of another knife offence should be sent to prison. The hon. Lady might not agree with that—that is her prerogative—but she will find herself in a minority on that particular view.

I hope the Minister will listen carefully to my next point. Serious offences with knives and offensive weapons, not necessarily trading offensive weapons, should come within the unduly lenient sentence scheme. Perhaps that is something that could be addressed in this Bill. I also wish to support an extension of the principle that committing a subsequent similar offence means a mandatory sentence. I would like to see a sentencing escalator, which means that every time a person is recommitted for the same offence they get a higher sentence than they received the previous time.

[Andrew Rosindell]

Very quickly, I wholeheartedly endorse everything that my hon. Friend is saying. Does he agree that there must be a deterrent? If there is no deterrent, the crimes will carry on being committed and there will be no end to this. The punishment must fit the crime, and people must be deterred from committing these acts of violence.

--- Later in debate ---

[Philip Davies]

Absolutely. I could not agree more with my hon. Friend.

[Mr John Hayes]

rose—

[Philip Davies]

I will give way briefly to my right hon. Friend and then I will make some progress because I know that other people wish to speak.

[Mr Hayes]

In the same spirit as my hon. Friend the Member for Romford (Andrew Rosindell), I say that the key thing is that the criminal justice system must be retributive. This is not about treating people who are sick, but about punishing people who are guilty. Until we send out that signal from this place, the general public will believe, with cause, that we do not understand what they know to be happening in their communities.

[Philip Davies]

My right hon. Friend is absolutely right. We hear very little in this place about people being punished for committing crimes, but there is nothing wrong with it. Again, on these kinds of issue, this House is completely out of touch with the general public in their views on law and order, sentencing and the criminal justice system, but my right hon. Friend, as usual, is not.

I think that there is a quite an important drafting mistake in the Bill, and the House of Commons Library seems to agree with me. Clause 26 amends the two Acts dealing with the offence of threatening with a knife and changes the test regarding the level of physical harm likely to result from the knife. I welcome that. I certainly welcome the thrust of what this clause seeks to do. As the clause is worded, it will still leave in law the definition of violence as being the original higher test. This is what the Library says on this point, and hopefully the Minister will take note of it.

“Section 139AA (4) and section 1A (2) both define the term ‘serious physical harm’, which forms part of the current wording of the offences set out in section 139AA and section 1A. However, the term ‘serious physical harm’ is not used in the proposed new wording for the offence as set out in clause 26, and would instead be replaced by the term ‘physical harm’. Clause 26 does not set out any particular definition for the term ‘physical harm’, nor does it amend or remove the existing definition of ‘serious physical harm’ in sections 139AA (4) and section 1A (2).”

I do not know what the Government’s intention is here. If they want to define the new term “physical harm”, the existing wording in sections 1139AA (4) and 1A (2) would need to be amended to set out a suitable definition. If they want to leave the new term undefined for the courts to interpret, the existing wording in those measures that I mentioned should be removed altogether.

I hope that the Minister will go away and look at this, because I think that there has been a genuine mistake. I think I know what the Government are trying to do, and they have half done it, but they have not squared the circle.

I want to see a rare outbreak of common sense with regard to criminal justice legislation. Clause 27 will extend the “threatening with a knife” offence to further educational establishments. Although that is a welcome step, it does not go nearly far enough as far as I am concerned. I will be tabling amendments to replace this clause to make it an offence to threaten somebody with a knife anywhere.

I cannot for the life of me see why someone who threatens somebody with a knife should not be prosecuted for this offence, regardless of where the offence takes place. Currently, it has to be in a public place or on school premises, and the Bill will extend that to further education premises. But why should it not apply to all premises? Why is threatening somebody with a knife an offence only if it is in a public place, school premises or a further education establishment? Threatening somebody with a knife should be an offence wherever it happens—surely that is common sense—but the law is not being extended in that way.

I am afraid that I am firmly of the belief that the Ministry of Justice has needlessly tied itself in knots over this issue for years. When the offence of threatening with a knife was introduced, it included a defence of lawful possession of the knife. This was clearly ludicrous and would have seriously affected convictions. Would anyone at the Ministry of Justice listen? No. How can the possession of a knife be a defence for threatening somebody with that knife? But the Ministry of Justice would not listen. I am not a lawyer—I say that with some pride—yet, even with a House full of legal eagles, the Bill would have gone through with this glaring drafting error, which seems to have arisen because the legislation on possession of a knife has simply been copied and pasted, with the “threatening” bit added instead. Clearly, lawfully carrying the knife is a defence in the case of possession, but it should never have been a defence for threatening with that knife.

In desperation, I went to see the then Prime Minister, David Cameron. It was only when he agreed, weighed in and overruled the Ministry of Justice that the Bill was thankfully changed before it was too late. People can check the record; it is absolutely true. That is why I have a very keen interest in this particular area of legislation.

The other glaring omission, which is quite possibly a throwback to the same original bad drafting, is that the offence is not committed in private premises. Possessing a knife in the home is clearly perfectly fine and legal—naturally. But why should it not be an offence to threaten with a knife in a domestic context? In a written question last November, I asked the then Secretary of State for the Home Department

“if she will extend the offence of threatening with a knife to incidents taking place on private property.”

The Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who is in her place today, responded:

“It is already an offence to threaten someone with a knife whether in public or on private property.”

Well, if we read this provision literally, it clearly is not.

I followed up with a letter. As the Government seemed to think that that was already an offence, I hoped that when they realised that it was not, they would be keen to make it one. Alas, it was not so simple. The latest line seems to be to say that there are other offences that can be charged. Well, I know that. Thanks to the Public Order Act 1986 there are actually more offences that can be charged in a public place. Yet this was not a reason to stop the offence of threatening with a knife in a public place becoming law, so why should it stop the offence of threatening somebody with a knife in a private place becoming law?

The trouble is that the various departmental bubbles do not always appreciate the real world. I know of real-life, actual cases where people should have been charged with threatening with a knife, but they could not be charged because it did not happen in a public place. The alternative charges to which we are referred do not attract the same sentence as threatening with a knife, and therefore do not reflect the seriousness of the offence.

Just one example was of a man in a hostel who threatened a female member of staff with a knife and had to be dealt with by an armed response unit. That must have been particularly terrifying, given that the member of staff concerned knew only too well of the man’s previous violent record, as the hostel was housing him on release from a prison sentence for violence. As the hostel was not a public place or a school, the offence of threatening with a knife could not be used by the Crown Prosecution Service. I understand that this was specifically confirmed by the prosecutor when the case came to court. An offence with a six-month maximum penalty was substituted and, with the man’s guilty plea, the maximum sentence available to the court was four months. This would have been avoided if the law had applied to all places equally, as it quite clearly should.

I really hope that I will get some cross-party support for this amendment so that we can make a positive change to the Bill. I am not, perhaps, always known as someone who unites the House—at least, not with me, but sometimes against me—but on this occasion there is not actually a great deal for people to disagree about. There may be some resistance from civil servants, who do not like any ideas other than the ones that they have come up with themselves, but I would like to hear, in the real world, just one good argument for not taking this opportunity to change the Bill in this small way, but in a way that would make the law much better and safer for many of our constituents.

Threatening somebody with a knife is a serious offence that we should crack down on. It should not make any difference where the act of threatening with a knife takes place, so I hope that my amendment will be accepted in due course.

The Minister and I have spoken. I very much appreciate the time that she has spent with me on this issue, but I would welcome a commitment on the Floor of the House that she will look seriously at this again. I hope that she will think twice before peddling a civil service standard reply, which I am sure that she would never do, but which I am sure the civil servants would always encourage her to do. She must look at this matter herself. If she does, I am sure that she will see that this is a very sensible amendment, which would make a big difference to the Bill.