1

House of Commons

Tuesday 26 March 2019

Consideration of Lords Amendments

New Amendments handed in are marked thus

Amendments tabled since the last publication: LA7 (a) to (d), LA9 (a), LA10 (a), LA12 (a) to (c),

LA14 (a), LA23 (a), LA27 and LA28 (a) to (k), LA62 (a) and LA63 (a)

Offensive Weapons Bill

On Consideration of Lords Amendments to the Offensive Weapons Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The Lords Amendments have been arranged in

accordance with the Offensive Weapons Bill (Programme (No. 3)) Motion to be

proposed by Secretary Sajid Javid.

Lords Amendment No. 27

Secretary Sajid Javid

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 28

Secretary Sajid Javid

To move, That this House disagrees with the Lords in their Amendment.

Consideration of Lords Amendments: 26 March 2019          

2

Offensive Weapons Bill, continued

Secretary Sajid Javid

To move the following Amendments to the Bill in lieu of the Lords Amendment Nos. 27

and 28:—

(a)

Page  18,  line  10,  at end insert the following new Clause—

“Delivery of bladed products to persons under 18

(1)    

This section applies if—

(a)    

a person (“the seller”) sells a bladed product to another person (“the

buyer”),

(b)    

the seller and the buyer are not in each other’s presence at the time of the

sale and the seller is within the United Kingdom at that time,

(c)    

before the sale, the seller entered into an arrangement with a person who

is a body corporate by which the person agreed to deliver bladed products

for the seller,

(d)    

that person was aware when they entered into the arrangement that it

covered the delivery of bladed products, and

(e)    

that person delivers the bladed product to residential premises pursuant

to that arrangement.

(2)    

For the purposes of subsection (1)(b) a person (“A”) is not in the presence of

another person (“B”) at any time if—

(a)    

where A is an individual, A or a person acting on behalf of A is not in the

presence of B at that time;

(b)    

where A is not an individual, a person acting on behalf of A is not in the

presence of B at that time.

(3)    

For the purposes of subsection (1)(b) a person other than an individual is within

the United Kingdom at any time if the person carries on a business of selling

articles of any kind from premises in any part of the United Kingdom at that time.

(4)    

In subsection (1)(e) “residential premises” means premises used solely for

residential purposes.

(5)    

The circumstances where premises are not residential premises for the purposes

of subsection (1)(e) include, in particular, where a person carries on a business

from the premises.

(6)    

The person mentioned in subsection (1)(e) commits an offence if, when they

deliver the bladed product, they do not deliver it into the hands of a person aged

18 or over.

(7)    

A person guilty of an offence under subsection (6) is liable—

(a)    

on summary conviction in England and Wales, to a fine;

(b)    

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.

(8)    

This section is subject to section 18 (defences).”

(b)

Page  18,  line  14,  at end insert—

“(1A)    

It is a defence for a person (“the seller”) charged with an offence under section

17(2) of delivering a bladed product to residential premises to prove that—

(a)    

at the time the offence is alleged to have been committed, the seller had

procedures in place which were likely to ensure that any bladed product

delivered by the seller to residential premises would be delivered into the

hands of a person aged 18 or over, and

(b)    

the seller took all reasonable precautions and exercised all due diligence

to ensure that the product to which the charge relates would be delivered

into the hands of a person aged 18 or over.

Consideration of Lords Amendments: 26 March 2019          

3

Offensive Weapons Bill, continued

(1B)    

It is a defence for a person (“the seller”) charged with an offence under section

17(2) of arranging for the delivery of a bladed product to residential premises to

prove that—

(a)    

the arrangement required the person with whom it was made to have

procedures in place which were likely to ensure that any bladed products

delivered to residential premises pursuant to the arrangement would be

delivered into the hands of a person aged 18 or over, and

(b)    

the seller took all reasonable precautions and exercised all due diligence

to ensure that the product to which the charge relates would be delivered

into the hands of a person aged 18 or over.”

(c)

Page  18,  line  26,  at end insert—

“(4A)    

It is a defence for a person charged in England and Wales or Northern Ireland

with an offence under section (Delivery of bladed products to persons under 18)

to prove that they took all reasonable precautions and exercised all due diligence

to avoid the commission of the offence.

(4B)    

It is a defence for a person (“the accused”) charged in Scotland with an offence

under section (Delivery of bladed products to persons under 18) to show that—

(a)    

the accused believed the person into whose hands the bladed product was

delivered to be aged 18 or over, and

(b)    

either the accused had taken reasonable steps to establish the person’s age

or no reasonable person could have suspected from the person’s

appearance that the person was under the age of 18.

(4C)    

For the purposes of subsection (4B)(b), the accused is to be treated as having

taken reasonable steps to establish the person’s age if and only if—

(a)    

the accused was shown any of the documents mentioned in subsection

(4D), and

(b)    

the document would have convinced a reasonable person.

(4D)    

Those documents are any document bearing to be—

(a)    

a passport,

(b)    

a European Union photocard driving licence, or

(c)    

such other document, or a document of such other description, as the

Scottish Ministers may prescribe by order.”

(d)

Page  18,  line  29,  leave out from “(6)” to “if” in line 30 and insert “A person is to be

taken to have shown a matter for the purposes of subsection (4B) or (5)”

(e)

Page  18,  line  35,  leave out “the offence under section 17” and insert “an offence under

section 17 or (Delivery of bladed products to persons under 18)”

(f)

Page  18,  line  45,  at end insert—

““residential premises” has the same meaning as in section 17.”

(g)

Page  19,  line  7,  leave out “and” and insert “to”

(h)

Page  19,  line  12,  leave out first “and” and insert “to”

(i)

Page  19,  line  18,  leave out “and” and insert “to”

(j)

Page  19,  line  26,  leave out “and” and insert “to”

Consideration of Lords Amendments: 26 March 2019          

4

Offensive Weapons Bill, continued

(k)

Page  38,  line  31,  after “4(8)(c)” insert “, 18(4D)(c)”

Lords Amendment No. 7

As Amendments to the Lords Amendment:—

Louise Haigh

Ms Diane Abbott

Sarah Jones

(a)

Line  19,  leave out “6” and insert “8”

Louise Haigh

Ms Diane Abbott

Sarah Jones

(b)

Line  24,  leave out “consult” and insert “obtain and consider a pre-injunction

report from”

Louise Haigh

Ms Diane Abbott

Sarah Jones

(c)

Line  28,  leave out “consult” and insert “obtain and consider a pre-injunction

report from”

Louise Haigh

Ms Diane Abbott

Sarah Jones

(d)

Line  29,  at end insert—

“(7)    

An application to a court for a knife crime prevention order made under this

section must include a copy of the pre-injunction report.

(8)    

In this section a “pre-injunction report” means a report which—

(a)    

with a view to assisting the prosecution and the court in determining the

most suitable method of dealing with a defendant, is made or submitted

by a youth offending team, and

(b)    

contains information as to such matters, presented in such manner, as

may be prescribed by rules made by the Secretary of State, including but

not limited to—

(i)    

an assessment of the defendant;

(ii)    

an analysis of the circumstances of the defendant;

(iii)    

the involvement of parents and carers in those circumstances;

(iv)    

an assessment of any need for a referral to children’s social care

services for an assessment under the Children Act 1989;

Consideration of Lords Amendments: 26 March 2019          

5

Offensive Weapons Bill, continued

(v)    

an assessment of any need for a referral to the National Referral

Mechanism for an assessment under the Modern Slavery Act

2015;

(vi)    

any background to the concerns around knives and the

circumstances of the defendant which may be considered

relevant.”

Lords Amendment No. 9

As an Amendment to the Lords Amendment:—

Louise Haigh

Ms Diane Abbott

Sarah Jones

(a)

Line  13,  at end insert—

“(3A)    

In a case where the defendant is aged under 18, in forming any such opinion as is

mentioned in subsection (3), the court may consult the youth offending team

established under section 39 of the Crime and Disorder Act 1998 in whose area it

appears to the court that the defendant lives.

(3B)    

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

offending teams, the provision in subsection (4) is to consult such of those teams

as the court thinks appropriate.”

Lords Amendment No. 10

As an Amendment to the Lords Amendment:—

Louise Haigh

Ms Diane Abbott

Sarah Jones

(a)

Line  20,  at end insert—

“(5A)    

In a case where the defendant is aged under 18, in forming any such opinion as is

mentioned in subsection (5), the court may consult the youth offending team

established under section 39 of the Crime and Disorder Act 1998 in whose area it

appears to the court that the defendant lives.

Consideration of Lords Amendments: 26 March 2019          

6

Offensive Weapons Bill, continued

(5B)    

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

offending teams, the provision in subsection (4) is to consult such of those teams

as the court thinks appropriate.”

Lords Amendment No. 12

As Amendments to the Lords Amendment:—

Louise Haigh

Ms Diane Abbott

Sarah Jones

(a)

Line  9,  leave out “consult” and insert “obtain and consider a pre-injunction report

from”

Louise Haigh

Ms Diane Abbott

Sarah Jones

(b)

Line  13,  leave out “consult” and insert “obtain and consider a pre-injunction

report from”

Louise Haigh

Ms Diane Abbott

Sarah Jones

(c)

Line  14,  at end insert—

“(4)    

An application to a court for a knife crime prevention order made under this

section must include a copy of the pre-injunction report.

(5)    

In this section a “pre-injunction report” means a report which—

(a)    

with a view to assisting the prosecution and the court in determining the

most suitable method of dealing with a defendant, is made or submitted

by a youth offending team, and

(b)    

contains information as to such matters, presented in such manner, as

may be prescribed by rules made by the Secretary of State, including but

not limited to—

(i)    

an assessment of the defendant;

(ii)    

an analysis of the circumstances of the defendant;

(iii)    

the involvement of parents and carers in those circumstances;

(iv)    

an assessment of any need for a referral to children’s social care

services for an assessment under the Children Act 1989;

(v)    

an assessment of any need for a referral to the National Referral

Mechanism for an assessment under the Modern Slavery Act

2015;

Consideration of Lords Amendments: 26 March 2019          

7

Offensive Weapons Bill, continued

(vi)    

any background to the concerns around knives and the

circumstances of the defendant which may be considered

relevant.”

Lords Amendment No. 14

As an Amendment to the Lords Amendment:—

Louise Haigh

Ms Diane Abbott

Sarah Jones

(a)

Line  12,  at end insert—

“(c)    

in a case where the defendant is aged 18 or over, a youth offending team.”

Lords Amendment No. 23

As an Amendment to the Lords Amendment:—

Louise Haigh

Ms Diane Abbott

Sarah Jones

(a)

Line  14,  at end insert—

“(3A)    

The third condition is that both Houses of Parliament have passed a motion of the

terms “That this House notes the findings of the report on the pilot of Knife Crime

Prevention Orders and approves their continued use”.

(3B)    

A court may not be given the power to make knife crime prevention orders until

the Secretary of State has laid a report before both Houses of Parliament setting

out—

(a)    

an explanation of the Government’s decision to introduce knife crime

prevention orders and all departmental evidence relating to the decision,

(b)    

an explanation of what consultations have taken place relating to the

Government’s decision to introduce knife crime prevention orders,

(c)    

guidance given to authorities on the burden of proof required to sanction

a young person through this order,

(d)    

the predicted impact of knife crime prevention orders on different racial

groups as defined in section 9 of the Equality Act 2010,

(e)    

an explanation of what restrictions may be implemented as part of knife

crime prevention orders and their impact on the rights of children, and

(f)    

an assessment of the causes behind knife crime, including but not limited

to consideration of—