LORDS AMENDMENTS TO THE

OFFENSIVE WEAPONS Bill

[The page and line references are to HL Bill 149, the bill as first printed for the Lords]

Clause 1

Page 2, line 23, at beginning insert “Subject to subsection (13A),”

Page 2, line 30, at end insert—

“(12A)    

Before making regulations under subsection (12) the appropriate national

authority must consult such persons likely to be affected by the regulations

as the authority considers appropriate.”

Page 2, line 31, leave out “subsection (12)” and insert “this section”

Page 2, line 35, at end insert—

“(13A)    

References to a corrosive product in this section and sections 2 to 4 do not

include a substance or product which is contained in a battery.”

Clause 9

Page 10, line 30, at end insert—

“(5)    

In this section—

(a)    

in subsection (1)—

(i)    

in paragraph (b), for “Scotland, Northern Ireland or a

member State other than the United Kingdom” substitute

“Scotland or Northern Ireland”,

(ii)    

at the end of paragraph (c) insert “or”, and

Bill 363

57/1 

(iii)    

omit paragraph (e) and the “or” preceding that paragraph,

and

(b)    

in subsection (3)—

(i)    

for the definition of “civilian offence” substitute—

““civilian offence” means an offence other than

an offence under an enactment mentioned in

subsection (1)(c) or (d);”,

(ii)    

in the definition of “conviction”, in paragraph (b) omit “and

a member State service offence”, and

(iii)    

omit the definition of “member State service offence”.”

After Clause 13

Insert the following new Clause—

“PART 1A

KNIFE CRIME PREVENTION ORDERS

Knife crime prevention orders made otherwise than on conviction

Knife crime prevention order made otherwise than on conviction

(1)    

A court may make a knife crime prevention order under this section in

respect of a person aged 12 or over (the “defendant”) if the following

conditions are met.

(2)    

The first condition is that a person has, by complaint to the court, applied

for a knife crime prevention order under this section in accordance with

section (Requirements for application for order under section (Knife crime

prevention order made otherwise than on conviction)).

(3)    

The second condition is that the court is satisfied on the balance of

probabilities that, on at least two occasions in the relevant period, the

defendant had a bladed article with them without good reason or lawful

authority—

(a)    

in a public place in England and Wales,

(b)    

on school premises, or

(c)    

on further education premises.

(4)    

In subsection (3) “the relevant period” means the period of two years

ending with the day on which the order is made; but an event may be taken

into account for the purposes of that subsection only if it occurred after the

coming into force of this section.

(5)    

Without prejudice to the generality of subsection (3), a person has good

reason for having a bladed article with them in a place mentioned in that

subsection if the person has the article with them in that place—

(a)    

for use at work,

(b)    

for educational purposes,

(c)    

for religious reasons, or

(d)    

as part of any national costume.

(6)    

The third condition is that the court thinks that it is necessary to make the

order—

(a)    

to protect the public in England and Wales from the risk of harm

involving a bladed article,

(b)    

to protect any particular members of the public in England and

Wales (including the defendant) from such risk, or

(c)    

to prevent the defendant from committing an offence involving a

bladed article.

(7)    

A knife crime prevention order under this section is an order which, for a

purpose mentioned in subsection (6)—

(a)    

requires the defendant to do anything described in the order;

(b)    

prohibits the defendant from doing anything described in the

order.

(8)    

See also—

(a)    

section (Provisions of knife crime prevention order) (which makes

further provision about the requirements and prohibitions which

may be imposed by a knife crime prevention order under this

section),

(b)    

section (Requirements included in knife crime prevention order etc)

(which makes further provision about the inclusion of

requirements in a knife crime prevention order under this section),

and

(c)    

section (Duration of knife crime prevention order etc) (which makes

provision about the duration of a knife crime prevention order

under this section).

(9)    

Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply

to a complaint under this section.

(10)    

In this section—

“court”—

(a)    

in the case of a defendant who is under the age of 18, means

a magistrates’ court which is a youth court, and

(b)    

in any other case, means a magistrates’ court which is not a

youth court;

“further education premises” means land used solely for the purposes

of—

(a)    

an institution within the further education sector (within the

meaning of section 91 of the Further and Higher Education

Act 1992), or

(b)    

a 16 to 19 Academy (within the meaning of section 1B of the

Academies Act 2010),

excluding any land occupied solely as a dwelling by a person

employed at the institution or the 16 to 19 Academy;

“public place” includes any place to which, at the time in question, the

public have or are permitted access, whether on payment or

otherwise;

“school premises” means any land used for the purposes of a school,

excluding any land occupied solely as a dwelling by a person

employed at the school; and “school” has the meaning given by

section 4 of the Education Act 1996.”

Insert the following new Clause—

“Requirements for application for order under section (Knife crime prevention

order made otherwise than on conviction)

(1)    

An application for a knife crime prevention order under section (Knife crime

prevention order made otherwise than on conviction) may be made only by—

(a)    

a relevant chief officer of police,

(b)    

the chief constable of the British Transport Police Force, or

(c)    

the chief constable of the Ministry of Defence Police.

(2)    

For the purposes of subsection (1)(a) a chief officer of police is a relevant

chief officer of police in relation to an application for a knife crime

prevention order in respect of a defendant if—

(a)    

the defendant lives in the chief officer’s police area, or

(b)    

the chief officer believes that the defendant is in, or is intending to

come to, the chief officer’s police area.

(3)    

An application for a knife crime prevention order under section (Knife crime

prevention order made otherwise than on conviction) made by a chief officer of

police for a police area may be made only to a court acting for a local justice

area that includes any part of that police area.

(4)    

Subsections (5) and (6) apply if a person proposes to apply for a knife crime

prevention order under section (Knife crime prevention order made otherwise

than on conviction) in respect of a defendant who—

(a)    

is under the age of 18, and

(b)    

will be under that age when the application is made.

(5)    

Before making the application the person must consult the youth offending

team established under section 39 of the Crime and Disorder Act 1998 in

whose area it appears to the person that the defendant lives.

(6)    

If it appears to the person that the defendant lives in the area of two or more

youth offending teams, the obligation in subsection (5) is to consult such of

those teams as the person thinks appropriate.”

Insert the following new Clause—

“Application without notice

(1)    

An application for a knife crime prevention order under section (Knife crime

prevention order made otherwise than on conviction) may be made without the

applicant giving notice to the defendant.

(2)    

Section (Requirements for application for order under section (Knife crime

prevention order made otherwise than on conviction))(4) to (6) (consultation

requirements) does not apply to an application made without notice.

(3)    

If an application is made without notice the court must—

(a)    

adjourn the proceedings and make an interim knife crime

prevention order under section (Interim knife crime prevention order:

application without notice),

(b)    

adjourn the proceedings without making an interim knife crime

prevention order under that section, or

(c)    

dismiss the application.

(4)    

If the court acts under subsection (3)(a) or (b), the applicant must comply

with section (Requirements for application for order under section (Knife crime

prevention order made otherwise than on conviction))(4) to (6) before the date of

the first full hearing.

(5)    

In this section “full hearing” means a hearing of which notice has been

given to the applicant and the defendant in accordance with rules of court.”

Insert the following new Clause—

“Interim knife crime prevention orders

Interim knife crime prevention order: application without notice

(1)    

Where an application for a knife crime prevention order in respect of a

defendant is made without notice by virtue of section (Application without

notice), the court may make an interim knife crime prevention order under

this section in respect of the defendant if the first and second conditions are

met.

(2)    

The first condition is that the proceedings on the knife crime prevention

order are adjourned (otherwise than at a full hearing within the meaning of

section (Application without notice)).

(3)    

The second condition is that the court thinks that it is necessary to make an

interim knife crime prevention order under this section.

(4)    

An interim knife crime prevention order under this section is an order

which imposes on the defendant such of the prohibitions that may be

imposed by a knife crime prevention order under section (Knife crime

prevention order made otherwise than on conviction) as the court thinks are

required in relation to the defendant.

(5)    

An interim knife crime prevention order under this section may not impose

on the defendant any of the requirements that may be imposed by a knife

crime prevention order under section (Knife crime prevention order made

otherwise than on conviction).

(6)    

See also—

(a)    

section (Provisions of knife crime prevention order) (which makes

further provision about the prohibitions which may be imposed by

an interim knife crime prevention order under this section), and

(b)    

section (Duration of knife crime prevention order etc) (which makes

provision about the duration of an interim knife crime prevention

order under this section).”

Insert the following new Clause—

“Interim knife crime prevention order: application not determined

(1)    

This section applies if—

(a)    

an application is made to a court for a knife crime prevention order

under section (Knife crime prevention order made otherwise than on

conviction) in respect of a defendant,

(b)    

the defendant is notified of the application in accordance with rules

of court, and

(c)    

the application is adjourned.

(2)    

The court may make an interim knife crime prevention order in respect of

the defendant if—

(a)    

the first or second condition is met, and

(b)    

the third condition is met.

(3)    

The first condition is that, by the complaint by which the application

mentioned in subsection (1) is made, the applicant also applies for an

interim knife crime prevention order in respect of the defendant.

(4)    

The second condition is that, by complaint to the court, the applicant for the

order mentioned in subsection (1) subsequently applies for an interim knife

crime prevention order in respect of the defendant.

(5)    

The third condition is that the court thinks that it is just to make the order.

(6)    

An interim knife crime prevention order under this section is an order

which—

(a)    

imposes on the defendant such of the requirements that may be

imposed by a knife crime prevention order under section (Knife

crime prevention order made otherwise than on conviction) as the court

thinks appropriate;

(b)    

imposes on the defendant such of the prohibitions that may be

imposed by a knife crime prevention order under that section as the

court thinks appropriate.

(7)    

See also—

(a)    

section (Provisions of knife crime prevention order) (which makes

further provision about the requirements and prohibitions that may

be imposed by an interim knife crime prevention order under this

section),

(b)    

section (Requirements included in knife crime prevention order etc)

(which makes further provision about the inclusion of

requirements in an interim knife crime prevention order under this

section), and

(c)    

section (Duration of knife crime prevention order etc) (which makes

provision about the duration of an interim knife crime prevention

order under this section).

(8)    

Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply

to a complaint under this section.”

Insert the following new Clause—

“Knife crime prevention orders made on conviction

Knife crime prevention order made on conviction

(1)    

This section applies where—

(a)    

a person aged 12 or over (the “defendant”) is convicted of an offence

which was committed after the coming into force of this section,

and

(b)    

a court dealing with the defendant in respect of the offence is

satisfied on the balance of probabilities that the offence is a relevant

offence.

(2)    

The court may make a knife crime prevention order under this section in

respect of the defendant if the following conditions are met.

(3)    

The first condition is that the prosecution applies for a knife crime

prevention order to be made under this section.

(4)    

The second condition is that the court thinks that it is necessary to make the

order—

(a)    

to protect the public in England and Wales from the risk of harm

involving a bladed article,

(b)    

to protect any particular members of the public in England and

Wales (including the defendant) from such risk, or

(c)    

to prevent the defendant from committing an offence involving a

bladed article.

(5)    

A knife crime prevention order under this section is an order which, for a

purpose mentioned in subsection (4)—

(a)    

requires the defendant to do anything described in the order;

(b)    

prohibits the defendant from doing anything described in the

order.

(6)    

See also—

(a)    

section (Provisions of knife crime prevention order) (which makes

further provision about the requirements and prohibitions that may

be imposed by a knife crime prevention order under this section),

(b)    

section (Requirements included in knife crime prevention order etc)

(which makes further provision about the inclusion of

requirements in a knife crime prevention order under this section),

and

(c)    

section (Duration of knife crime prevention order etc) (which makes

provision about the duration of a knife crime prevention order

under this section).

(7)    

The court may make a knife crime prevention order under this section in

respect of the defendant only if it is made in addition to—

(a)    

a sentence imposed in respect of the offence, or

(b)    

an order discharging the offender conditionally.

(8)    

For the purposes of deciding whether to make a knife crime prevention

order under this section the court may consider evidence led by the

prosecution and evidence led by the defendant.

(9)    

It does not matter whether the evidence would have been admissible in the

proceedings in which the defendant was convicted.

(10)    

For the purposes of this section an offence is a relevant offence if—

(a)    

the offence involved violence,

(b)    

a bladed article was used, by the defendant or any other person, in

the commission of the offence, or

(c)    

the defendant or another person who committed the offence had a

bladed article with them when the offence was committed.

(11)    

In subsection (10) “violence” includes a threat of violence.”