(7Ā years, 3Ā months ago)
Commons ChamberMadam Deputy Speaker, I should like to note my disappointment that we did not hear from our Scottish colleagues. I was looking forward to hearing from them, though I am delighted they agree with the order.
I thank the hon. Gentleman for that point of order. It is always a pleasure to hear from him.
Further to that point of order, Madam Deputy Speaker. I am happy to concede: I walked into that one.
Excellent.
Excise
Motion made, and Question put forthwith (Standing Order No. 118(6)),
That the Tobacco Products (Descriptions of Products) (Amendment) Order 2019 (S.I., 2019, No. 953), which was laid before this House on 21 May, be approved.ā(Mike Freer.)
Question agreed to.
(7Ā years, 10Ā months ago)
Commons ChamberWith this it will be convenient to discuss the following:
Government new clause 17āSearch for corrosive substance on school or further education premises.
New clause 1āProtection for retail staffā
ā(1) A person (āthe purchaserā) commits an offence if they intentionally obstruct a person (āthe sellerā) in the exercise of their duties under section 1 of this Act.
(2) In this section, āintentionally obstructā includes, but is not limited to, a person acting in a threatening manner.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.ā
New clause 5āProhibition of bladed product displaysā
ā(1) A person who in the course of a business displays a bladed product in a place in England and Wales or Northern Ireland is guilty of an offence.
(2) The appropriate Minister may by regulations provide for the meaning of āplaceā in this section.
(3) The appropriate Minister may by regulations make provision for a display in a place which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Actā
(a) as an advertisement and not as a display, or
(b) as a display and not as an advertisement.
(4) No offence is committed under this section ifā
(c) the bladed products are displayed in the course of a business which is part of the bladed product trade,
(d) they are displays for the purpose of that trade, and
(e) the display is accessible only to persons who are engaged in, or employed by, a business which is also part of that trade.
(5) No offence is committed under this section if the display is a requested display to an individual age 18 or over.
(6) The appropriate Minister may provide in regulations that no offence is committed under section 1 of the display complies with requirements specified in regulations.ā
New clause 6āReport on the causes behind youth violence with offensive weaponsā
ā(1) The Secretary of State must, within 6 months of this Act receiving Royal Assent, lay a report before Parliament on the causes behind youth violence with offensive weapons.
(2) The report under subsection 1 must consider, but is not limited to,
(a) The effect of the reduction in police numbers on the levels of youth violence with offensive weapons;
(b) The effect of the reduction in public spending onā
(i) childrenās services,
(ii) Sure Start,
(iii) state-maintained schools,
(iv) local authorities,
(v) youth offending teams,
(vi) Border Force, and
(vii) drug treatment programmes.
(3) The report under subsection 1 and the considerations under subsection 2 must consider the benefits of the public health approach to violence reduction.
(4) The report must contain all departmental evidence held relating to subsection 2 and 3.ā
This new clause would require the Secretary of State to review the causes behind youth violence with offensive weapons.
New clause 7āOffence of threatening with an offensive weaponā
ā(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(a) After āOffence of threatening with offensive weaponā leave out āin publicā.
(b) In subsection 1(a), after āweaponā leave out āwith him or her in a public placeā.
(c) In subsection 3, after āsectionā leave out āāpublic placeā and āoffensive weaponā haveā and insert āoffensive weaponā hasā
This new clause would mean that threatening with an offensive weapon anywhere would be an offence, not merely in a public place.
New clause 10āThreatening with a bladed article or offensive weapon in a dwellingā
ā(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) After subsection 12 insertā
13 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a āhouseholder caseā set out in section 76 of the Criminal Justice and Immigration Act 2008.
14 In subsection 13 above, ādwellingā has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.ā
New clause 11āThreatening with a bladed article or offensive weapon in a dwelling (No.2)ā
ā(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(2) After subsection 10 insertā
11 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a āhouseholder caseā set out in section 76 of the Criminal Justice and Immigration Act 2008.
12 In subsection 11 above, ādwellingā has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.ā
New clause 12āThreatening with a bladed article or offensive weapon in a dwelling (No.3)ā
ā(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(2) After subsection 10 insertā
11 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.
12 In subsection 11 above, ādwellingā has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.ā
New clause 13āThreatening with a bladed article or offensive weapon in a dwelling (No.4)ā
ā(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) After subsection 12 insertā
13 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.
14 In subsection 13 above, ādwellingā has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.ā
New clause 14āProtection for retail staff: bladed articlesā
ā(1) A person (āthe purchaserā) commits an offence if they intentionally obstruct a person (āthe sellerā) in the exercise of their duties under section 141A of the Criminal Justice Act 1988.
(2) In this section, āintentionally obstructā includes, but is not limited to, a person acting in a threatening manner.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.ā
New clause 15āOffence of threatening with blade or offensive weapon (No.2)ā
ā(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) In subsection 1(a), after āappliesā leave out āwith him or her in a public place or on school premisesā.
(3) Omit subsection 2.
(4) Omit subsection 3.
(5) Omit subsection 5.ā
This new clause would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.
New clause 20āOffence of threatening with a non-corrosive substanceā
ā(1) A person commits an offence if they threaten a person with a substance they claim or imply is corrosive.
(2) It is not a defence for a person to prove that the substance used to threaten a person was not corrosive or listed under schedule 1 of this act.
(3) In this section, āthreaten a personā meansā
(a) that the person unlawfully and intentionally threatens another person (āAā) with the substance, and
(b) does so in such a way that a reasonable person (āBā) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.ā
New clause 21āProhibition on the possession of a corrosive substance on educational premisesā
ā(1) A person commits an offence if that person has a corrosive substance with them on school premises, further education premises or higher education premises.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that they had good reason or lawful authority for having the corrosive substance on school premises, further education premises or higher education premises.
(3) Without prejudice to the generality of subsection (2), it is a defence for a person charged in England and Wales or Northern Ireland with an offence under subsection (1) to prove that they had the corrosive substance with them for use at work.
(4) Without prejudice to the generality of subsection (3), it is a defence for a person charged with an offence under subsection (1) to show that they had the corrosive substance with them for use at work.
(5) A person is to be taken to have shown a matter mentioned in subsection (4) or (5) ifā
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(6) A person guilty of an offence under subsection (1) is liableā
(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.
(7) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.
(8) A constable may enter any school, further education premises or higher education premises and search those premises and any person on those premises, if they have reasonable grounds for suspecting that an offence under this section is, or has been, committed.
(9) If, in the course of a search under this section, a constable discovers a corrosive substance they may seize and retain it.
(10) The constable may use reasonable force, if necessary, in the exercise of entry conferred by this section.
(11) In this sectionā
ācorrosive substanceā means a substance which is capable of burning human skin by corrosion;
āschool premisesā means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;
āschoolā has the meaning given byā
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/ 594 (NI 3).
āfurther educational premisesā meansā
(a) in relation to England and Wales, land used solely for the purposes ofā
(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institutionā.
āhigher education premisesā means an institution which provides higher education;
āinstitutionā includes any training provider (whether or not the training provider would otherwise be regarded as an institution);
āhigher educationā means education provided by means of a higher education course;
āhigher education courseā means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.ā
New clause 22āOffence of threatening with corrosive substance on educational premisesā
ā(1) A person commits an offence if that person threatens a person with a corrosive substance on school premises, further education premises or higher education premises.
(2) In this sectionā
ācorrosive substanceā means a substance which is capable of burning human skin by corrosion;
āthreatens a personā meansā
(a) unlawfully and intentionally threatens another person (āAā) with a corrosive substance, and
(b) does so in such a way that a reasonable person (āBā) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
āschool premisesā means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;
āschoolā has the meaning given byā
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3).
āfurther educational premisesā meansā
(a) in relation to England and Wales, land used solely for the purposes of ā
(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institutionā.
āhigher education premisesā means an institution which provides higher education;
āinstitutionā includes any training provider (whether or not the training provider would otherwise be regarded as an institution);
āhigher educationā means education provided by means of a higher education course;
āhigher education courseā means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988ā.
(3) A person guilty of an offence under subsection (1) is liableā
(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.
(4) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.ā
New clause 23āAdvertising offensive weapons onlineā
ā(1) A person or company commits an offence when a website registered in their name is used to advertise, list or otherwise facilitate the sale of any weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.
(2) No offence is committed under this section ifā
(a) the website removes the advertisement or list within 24 hours of the registered owner of the website being informed that the advertisement or list includes a weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.
(3) The registered owner of a website that is guilty of an offence under subsection (1) is liableā
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;
(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale.ā
New clause 24āEnforcementā
ā(1) It shall be the duty of every authority to which subsection (4) applies to enforce within its area the provisions of Clauses 1, 3, 4, 17 and 20 of this Bill.
(2) An authority in England or Wales to which subsection (4) applies shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of England and Wales.
(3) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of Northern Ireland.
(4) The authorities to which this section applies areā
(a) in England, a county council, district council, London Borough Council, the Common Council of the City of London in its capacity as a local authority and the Council of the Isles of Scilly;
(b) in Wales, a county council or a county borough council;
(c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);
(d) in Northern Ireland, any district council.
(5) In enforcing this section, an enforcement authority must act in a manner proportionate to the seriousness of the risk and shall take due account of the precautionary principle, and shall encourage and promote voluntary action by producers and distributors.
(6) Notwithstanding subsection (5), an enforcement authority may take any action under this section urgently and without first encouraging and promoting voluntary action if a product poses a serious risk.ā
New clause 25āInvestigatory powers for trading standardsā
ā(1) Schedule 5 of the Consumer Rights Act 2015 is amended in accordance with subsection (2).
(2) In Part 2, paragraph 10, at end insertā
āsection (Enforcement)ā.ā
This new clause is consequential on NC24
New clause 26āAggravated offence of possessing a corrosive substance or dangerous knifeā
ā(1) A person is guilty of an aggravated offence of possessing a corrosive substance in a public place ifā
(a) they commit an offence under section 6 of this Act, and
(b) at the time of committing the offence, the offender wasā
(i) the driver of a moped or motor bicycle, or
(ii) a passenger of a moped or motor bicycle.
(2) A person is guilty of an aggravated offence of possessing certain dangerous knives ifā
(a) they commit an offence under section 1A of the Restrictions of Offensive Weapons Act 1959, as amended, and
(b) at the time of committing the offence, the offender wasā
(i) the driver of a moped or motor bicycle, or
(ii) a passenger of a moped or motor bicycle.
(3) A person guilty of an aggravated offence under this section is liableā
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding two years, to a fine or both;
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding two years, to a fine or both.
(4) For the purposes of this section, āmopedā and āmotor bicycleā have the same meanings as in section 108 of the Road Traffic Act 1988.ā
New clause 30āReview of the Actā
ā(1) The Secretary of State must, within one year of this Act receiving Royal Assent, appoint an independent person to conduct an annual review of the provisions contained in this Act and the effect those provisions have had on crimes involving offensive weapons.
(2) The review under section 1 must consider, but is not limited toā
(a) the impact the provisions on corrosive substances have had on crimes involving these substances, and whether these provisions are still adequate;
(b) the impact the provisions on firearms have had on crimes involving these weapons, and whether the provisions are still adequate;
(c) whether existing police funding is sufficient to ensure the adequate enforcement of the provisions of this Act and offences relating to offensive weapons; and
(d) anything else the Secretary of State, or independent person appointed to conduct the review, thinks appropriate.
(3) The annual review under section 1 must be laid before both Houses of Parliament.ā
New clause 31āAmendments to the Crossbow Act 1987ā
ā(1) The Crossbow Act 1987 is amended as follows.
(2) After section 1 insertā
ā1A Requirement of crossbow certificate
(1) Subject to any exemption under this Act, it is an offence for a person to have in their possession, or to purchase or acquire, a crossbow to which this section applies without holding a crossbow certificate in force at the time, or otherwise than as authorised by such a certificate.
(2) It is an offence for a person to fail to comply with a condition subject to which a crossbow certificate is held by them.
(3) This section applies to crossbows with a draw weight of which is to be determined in regulations designated by the Home Secretary, following consultation withā
(a) the National Police Chiefsā Council;
(b) any other person or body the Home Secretary may deem necessary.ā
(3) After section 1A insertā
ā1B Application for a crossbow certificate
(1) An application for the grant of a crossbow certificate must be made in the form prescribed by regulations issued by the Home Secretary to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.
(2) A crossbow certificate shall be granted where the chief officer of police is satisfied thatā
(a) the applicant is fit to be entrusted with a crossbow to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a crossbow;
(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the crossbow in respect of which the application is made; and
(c) in all the circumstances the applicant can be permitted to have the crossbow in his possession without danger to the public safety or to the peace.ā
(3) In section 6 (punishments), in subsection 1, after āsection 1ā insert ā ā, or section 1A or section 1Bā.
(4) After section 7 insertā
ā7A Regulations
(1) A power to make regulations under this Act is exercisable by statutory instrument.
(2) Regulations under this Act may make provisions for the issuing of a crossbow certificate.
(3) A statutory instrument which contains regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.āā
Amendment 12,Ā in clause 1, pageĀ 2,Ā lineĀ 11, leave out āimprisonment for a term not exceeding 51 weeksā and insert āa community sentenceā
This amendment, along with Amendment 13, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.
Amendment 13,Ā pageĀ 2,Ā lineĀ 14, leave out āimprisonment for a term not exceeding 6 monthsā and insert āa community sentenceā
This amendment, along with Amendment 12, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.
Amendment 14,Ā in clause 6, pageĀ 7,Ā lineĀ 7, after āplaceā insert āwith intent to cause injuryā
This amendment would make it an offence to have a corrosive substance in a public place only with the intent to cause injury to someone.
Amendment 3,Ā pageĀ 8,Ā lineĀ 3, after āotherwiseā insert
āand means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).ā
This amendment would extend the definition of public places in relation to England and Wales and Northern Ireland to include communal spaces within residential blocks.
Amendment 15,Ā pageĀ 8,Ā lineĀ 39, leave out clause 8
This amendment, along with Amendment 16, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.
Amendment 16,Ā pageĀ 9,Ā lineĀ 37, leave out clause 9
This amendment, along with Amendment 15, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.
Government amendment 56.
Amendment 8,Ā in clause 17, pageĀ 16,Ā lineĀ 41, at end insertā
ā(ab) the seller is not a trusted trader of bladed products, andā
Amendment 9,Ā pageĀ 17,Ā lineĀ 3, at end insertā
ā(3A) The Secretary of State may by regulations determine the conditions of being designated a trusted trader of bladed products in England and Wales for the purposes of section 17(1)(ab).
(3B) Scottish Ministers may by regulations determine the conditions of being designated a trusted trader of bladed products in Scotland for the purposes of section 17(1)(ab).
(3C) The Department of Justice in Northern Ireland may by regulations determine the conditions of being designated a trusted trader of bladed products in Northern Ireland for the purposes of section 17(1)(ab).ā
Amendment 1,Ā in clause 18, pageĀ 17,Ā lineĀ 44, at end insertā
ā(4A) It is a defence for a person charged with an offence under section 17 to prove that they reasonably believed that the buyer bought the bladed product for use for decorating purposes.ā
Amendment 2,Ā pageĀ 18,Ā lineĀ 24, at end insertā
ā(10) For the purposes of this section a bladed product is used by a person for decorating purposes if and only if the product is only used to make improvements, enhancements or repairs to real property or personal property.ā
Amendment 4,Ā in clause 23, pageĀ 23,Ā lineĀ 8, after āfurther education premisesā insert
āand higher education provider premisesā
Amendment 5,Ā pageĀ 23,Ā lineĀ 10, after āfurther education premisesā insert
āand higher education provider premisesā
Amendment 7,Ā pageĀ 24,Ā lineĀ 8, at end insertā
ā(7A) After subsection (6A) insertā
(6B) In this section āhigher education providerā means an institution which provides higher education; āinstitutionā includes any training provider (whether or not the training provider would otherwise be regarded as an institution); āhigher educationā means education provided by means of a higher education course; āhigher education courseā means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988ā.
Amendment 6,Ā pageĀ 24,Ā lineĀ 11, after āfurther education premisesā insert
āand higher education provider premisesā
Government amendments 57 to 61.
Amendment 22,Ā in clause 25, pageĀ 26,Ā lineĀ 41, leave out āthe purpose only of participating in religious ceremoniesā and insert āreligious reasons onlyā
This amendment extends the defence to cover the possession of a ceremonial Sikh Kirpan for religious reasons on occasions other than religious ceremonies.
Amendment 17,Ā pageĀ 28,Ā lineĀ 28, leave out clause 28
This amendment, along with Amendments 18 and 19 would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 11,Ā pageĀ 29,Ā lineĀ 6, leave out clause 29
This amendment would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.
Amendment 18,Ā in clause 29, pageĀ 29,Ā lineĀ 14, leave out ā(āAā)ā
This amendment, along with Amendments 17 and 19, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 19,Ā pageĀ 29,Ā lineĀ 16, leave out from āthatā to the end of line 18 and insert
āthere is an immediate risk of serious physical harm to that personā
This amendment, along with Amendments 17 and 18, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 10,Ā in clause 39, pageĀ 35,Ā lineĀ 34, after āsectionā insert ā17(3B),ā.
Government amendments 25, 62 and 63.
This group of new clauses and amendments deals with matters on which I know there is a great deal of agreement across the House. I will speak to Government new clauses 16 and 17 and Government amendment 25, and in response to new clauses 7, 10 to 13, 22 and 15 and amendment 11, tabled by my hon. Friend the Member for Shipley (Philip Davies).
Let me start by saying how grateful I am to my hon. Friend for his new clauses and amendment. I know that he has raised this issue in the past, and, of course, he spoke very eloquently about it during our Second Reading debate on 27 June. There are offences available for the prosecution of a person who threatens someone with an offensive weapon in private, but those offences do not describe the criminality sufficiently, and do not attract the same penalties as those that are possible when the offence is committed in public. I have therefore been convinced by my hon. Friend that there is a gap in the law that should be filled.
Under new clause 16, it would be an offence for a person unlawfully and intentionally to threaten another person with a corrosive substance, a bladed or pointed article, or an offensive weapon in a way that poses an immediate risk of serious physical harm to that person. The offence will apply in any private place, which means anywhere other than a public place or school, or further education premises, where it is already an offence. In respect of a corrosive substance, a private place means anywhere other than a public place. The lawyers have been terribly exercised about that.
(8Ā years, 8Ā months ago)
Commons ChamberOn a point of order, Madam Deputy Speaker. In an excess of excitement, enthusiasm and efficiency, the Government issued a āDear colleagueā letter from me in advance of the Houseās indicating its willingness that the Bill be given a Second Reading, for which I apologise. We have got to the right place, however, and colleagues should now have a letter addressing that point.
I thank the hon. Lady for her courtesy in giving me advance notice of what has happened. It is absolutely right that she should apologise for the premature release of the letter, but the mood of the House showed a great deal of consensus, and perhaps her officials were unduly influenced by the tweet from the hon. Member for Hammersmith (Andy Slaughter). As I say, given the consensus and mood of the House, I am sure that it will be forgiving of this mistake. None the less, I thank her for apologising.