Violent Crime Reduction Bill

Amendment No. 116A introduces a specific requirement for intent to be demonstrated in using another person to look after a weapon. I am grateful to the noble Lord for his support, in general terms, for our approach on this. The amendment does not add to the offence as drafted, as the word ““uses”” requires the offender to intend the other person to act in a particular way. It is not possible to ““use”” someone unintentionally. There is therefore already a mental element of intention as a central part of the offence. Amendments Nos. 117A and 117B would make a successful prosecution of offenders who use other people to mind their weapons for them far more difficult. The clause requires that the minding of a weapon would facilitate its being available to the offender for ““an unlawful purpose””. In many cases, this could be simple possession of the weapon by the offender. Therefore, in any circumstances in which it would be unlawful for the offender to possess the weapon, it will also be an offence if he gives it to another person to mind. The amendments would have the effect that, in cases where the unlawful purpose is not the mere possession but the future use of the weapon, the offence would not be committed if possession of a weapon by the offender would be likely to involve or lead to an offence, but instead would be committed only if the weapon were specifically intended to be used in an offence. Given the difficulty of proving intent, this would dilute the effectiveness of a provision that has been generally welcomed by members of the community, who see and suffer the terrible effect that gun and knife crime has on their lives and communities and who believe that passing weapons to others in an attempt to avoid prosecution is commonplace. In our fight against violent crime, we need to cover a broad range of situations to make sure that those offenders who use dangerous weapons, and use other people to look after them, do not escape the full effect of justice. I welcome the noble Lord’s general support, but his amendments would have a powerful undermining effect on a measure that is not just beneficial, but carries the broad support of many of the communities which have suffered the unpleasant impact of gun and knife crime.