Criminal Justice Bill – in a Public Bill Committee am 12:30 pm ar 11 Ionawr 2024.
With this it will be convenient to discuss clause stand part.
Clause 9 introduces a new offence of possessing an article with a blade or point or an offensive weapon with the intent to use unlawful violence. Knife crime is a scourge in this country. It devastates communities and families. It feels that we have a steady drumbeat of tragic cases, which, as I say, have a devastating effect, and it is right that we are taking action to do something about it. We should want to take action. This is not new; it feels to some degree that we have been spinning our wheels on action, but we are here now, so let us take that on its face.
The Government consulted in April last year on restricting the possession of so-called zombie knives and have announced on multiple occasions that they plan to enact such restrictions. I hope the Minister will give some clarity but, from the explanatory notes, I think that this is an attempt to make good on that. Paragraph 45 of the explanatory notes says:
“Following the closure of the consultation in June 2023, the Government published its response in August 2023. In that response, the Government committed to implementing all the proposals.”
Those are the proposals relating to restrictions on so-called zombie knives.
“Clauses 18, 10 and 9 give effect to those requiring primary legislation”.
I hope the Minister will be able to say whether this is the final stage of the ban’s implementation. Previously, we have been expecting secondary legislation in this regard.
I will write to the hon. Member.
I am grateful to the Minister for that commitment. Currently, it is an offence to carry an article with a blade or point of over three inches, with the exception of a pocket-knife, in a public place. It is also an offence to threaten somebody with an offensive weapon and to carry in public any article intended to be used as an offensive weapon. As we understand it, the introduction of this new offence bridges the gap between threatening someone with a bladed article and being in possession of such an article.
Again, we support the intention to close the gap and ensure that we crack down on this scourge. Sharp instruments or knives are currently responsible for 41% of homicides, so clearly the police need stronger powers to deal with that. However, we think that the Government could go further and be clearer about what blades or weapons should be covered by the new offence. That is the effect of my amendment 53. Secondary legislation may be the place for that, rather than the Bill, but I do not want to miss the substance of amendment 53.
In recent years, there has been progress on banning certain weapons used in violent attacks. We have debated measures, for example, on adding knuckledusters, sword-sticks and now zombie knives to the list of offensive weapons. That progress is welcome, but again it does not go far enough because with increasing frequency supposedly decorative blades, such as ninja swords, are being used in violent knife attacks. It is vital that we update legislation again to include blades such as those.
The impact of my amendment would be to add swords to the list. I am perfectly aware that the Bill may not be the most elegant place for it, but what I am trying to get from the Minister is a commitment to extend the ban to swords. Recently, I met the family of Ronan Kanda and their Member of Parliament, my right hon. Friend Mr McFadden. They told me their story and about their campaign for justice. Ronan, a beloved son and brother, was just 16 years old when he was walking back to his home in Wolverhampton after picking up a PlayStation controller from a friend’s house. Just a few yards from his front door, Ronan was attacked from behind by two 16-year-olds carrying a machete and a ninja sword. Ronan was stabbed twice, suffering wounds to his back and chest. Tragically, he died at the scene.
It was later revealed that the perpetrators of this heinous act had mistaken Ronan for someone else and that he was not the intended target. The weapons used in the attack had been bought online by the perpetrators—just 16 years old themselves at the time—using another person’s ID, and had been collected from a local post office by them on the day of the attack. In July this year, they were sentenced to 18 and 16 years in prison for their crime.
When I met Ronan’s family recently, it was clear that what happened had shaken them to their core. It has had a devastating impact on their lives. I commend their unspeakable bravery in campaigning to try to create change as a result. I felt very guilty—this will happen with many others, too—that they had to tell their story yet again when I met them; there is that process of telling the story all over again in the pursuit of change. The family campaign now for ninja swords, the type used in Ronan’s murder, to be taken off the streets so that other families do not suffer such a loss. I again commend their extraordinary bravery.
The test that I will apply to the Government’s changes on zombie knives, and on broader knife crime, is whether they would take off the streets a weapon like the one that killed Ronan; if not, the changes will fall short. Existing legislation does not cover ninja swords, and nor does the Bill. From the Government’s response to the consultation on knife crime, I understand that they intend to stop short of ninja swords. I believe that to be a mistake, which will be compounded by other restrictions.
Leaving the ninja swords loophole in place will push sales and marketing towards ninja swords—if people cannot buy a zombie knife but can buy a ninja sword, that will displace activity and make the swords more likely to be carried. That risks more lives being lost, due to the lesser consequences for carrying.
Amendment 53 would add ninja swords explicitly to the Bill. We think the clause is good and important, but the amendment would enhance it. I know that an issue has been raised about ninja swords for decorative purposes, but I do not think that it is beyond us to have arrangements for when that can be managed. Again, the clause is not about possession—it is narrower: about the intent to cause unlawful violence—so I do not think that issue should be a concern, although there could be some sort of licensing scheme to address it.
I am very much looking forward to what the Minister says. This is not a criticism, but I just do not understand why in his plan he stopped short of ninja swords. I hope to get that clarity. Even if not today, the Government need to move on this. I hope to hear that that process is starting.
It may be helpful to clarify the two different kinds of provisions that apply; the shadow Minister was conflating the two slightly. The first area, the one that we are debating, is to do with the existing offence of possessing any bladed article in a public place without good reason. That can include a legal kitchen knife. That carrying is a criminal offence under section 139 of the Criminal Justice Act 1998. That applies to every bladed article, even ones that are legal, such as a kitchen knife or anything else. It also applies to swords, including ninja swords, because they are bladed articles with a sharp point.
At the moment, the possession of any such knives, including so-called legal knives, carries a maximum sentence of up to two years if someone is caught in possession. For a second possession offence, the mandatory minimum is six months in prison, absent exceptional circumstances—we tightened that up in the Police, Crime, Sentencing and Courts Act 2022. That is the law for possessing blades in public.
The clause states that when someone possesses any bladed article—including a legal kitchen knife—with intent to cause damage, the maximum sentence will not be two years, as currently, but four years, if that person intends to cause harm. For example, they might put a video on TikTok saying, “I’m going to stab X”. If there is intention to cause harm, that doubles the maximum sentence. That is what the clause does. The amendment to include swords is not necessary, because every bladed article, including swords, is already included.
The hon. Member for Nottingham North was actually talking about a different set of provisions, which were included in our consultation and our response: banning certain kinds of knives. When a knife is banned, it cannot be sold, imported or possessed even in private. Something such as a zombie knife was covered in the Offensive Weapons Act 2019, where it has threatening writing on the blade. Such knives cannot even be held in someone’s home. Having banned knives at home or selling them to anyone is an offence; a kitchen knife can of course be sold and had at home, but even a kitchen knife cannot be carried down the street without a good reason.
In our consultation, we were talking about the knives that people cannot even possess privately at home; they cannot be sold or imported, and they are completely prohibited. The measures we announced in the Bill will simply increase the list of things on the completely prohibited list. For example, a loophole in the 2019 Act meant that threatening words on the blade were required for the zombie knife to be illegal. We are removing that provision, so that any zombie knife, even with nothing on the blade, will still be illegal—common sense, really.
Those changes—widening the range of knives that will be completely illegal—will be made not through the Bill, but through secondary legislation that will be laid before the House in the near future, by which I mean a small number of weeks. I do not wish to provoke the ire of the Chair, so I should say that the place to debate what should be in and out of that list is probably in the Delegated Legislation Committee that will come soon, in a small number of weeks.
I thank the shadow Minister for mentioning the case raised by his right hon. Friend Mr McFadden. I have also met Ronan’s family, who were brought into Parliament by the right hon. Member. We obviously both heard the same account of their story. It was extremely moving and tragic that such a young life was lost. I think it was a case of mistaken identity—as the shadow Minister said, Ronan was attacked from behind. I add my tribute to the family, and to Ronan’s mum and sister in particular, who have recounted the terrible, traumatic event to try to improve law enforcement in this area. We are mindful of that case, and I look forward to debating what is on and off the list when we come to it.
For complete clarity, I repeat the point that the possession of any bladed article, including swords and even kitchen knives, in a public place without good reason is already a criminal offence with a maximum sentence of two years. When a knife is possessed with intent, as in the attack on Ronan—the two youths obviously intended to go and kill someone, although it was someone else—the clause increases the maximum sentence from two years to four years. In that case the youths clearly committed homicide, which obviously has life as a maximum sentence.
I hope that I have provided clarity about the purpose of the clause and explained why the change is necessary, because it is included already, and that in secondary legislation we are altering the law on completely prohibited weapons. That will happen in a small number of weeks. I hope that addresses both the hon. Gentleman’s amendment and the substantive provisions in clause 9.
I am grateful for the clarity on what will be covered under the provision. On that basis, I am happy to withdraw my amendment. I must say that I am a bit frustrated: it was not clear from the explanatory notes whether this was the full ban. Clearly, from the answer that I have been given, it is not. However, it is a shame that the change will come in secondary legislation, because we are here now—we have legislation in front of us—and we cannot amend secondary legislation.
There will be a big debate in the Delegated Legislation Committee on the point about swords. We will be put in an invidious position, because of course we will not vote against the secondary legislation, but we will not be able to get the change that we really want and we will continue to miss out. The Government’s approach is slightly frustrating. The commitment that the secondary legislation is coming shortly is good, but I hope that the Minister will use the time to reflect on my point. I beg to ask leave to withdraw the amendment.