Serious Crime Bill [Lords]

I am receiving different advice, in the sense that, in the new scenario involving a reaction to an event that has taken place, speed will be of the essence. We shall need to be very careful indeed about requiring oral, rather than written, authorisation. That is why we are not proposing to change the requirement for written authorisation in circumstances involving prevention in relation to the two scenarios that already exist. As I have said, I am sure that hon. Members will agree that this extended power will provide the police with a useful additional tool in the fight against crime involving knives, guns and other weapons. Amendment No. 85 provides that the new clause should extend to England and Wales. We will work with the Scotland Office to consider how equivalent legislation should be taken forward in respect of firearms in Scotland, as the subject matter of the firearms legislation that includes search powers is reserved. However, the policing of offensive weapons, including knives and bladed instruments, is devolved. Amendment No. 86 amends the long title of the Bill to reflect the addition of this clause on stop-and-search powers. New Clause 8 concerns police powers of stop-and-search for knives, guns and other offensive weapons. It would repeal section 60 of the Criminal Justice and Public Order Act 1994 and create a new clause in this Bill that would largely replicate it, with some changes to the way in which the powers it contains may be exercised. It is not clear to me why this approach has been taken of repealing and recreating, rather than amending, section 60. Section 60 provides the police with powers to authorise the stopping and searching of persons for knives and offensive weapons—which, in England and Wales, would include firearms intended to cause injury—without requiring reasonable suspicion that the person is carrying such a weapon, in a locality where a serious violence incident is anticipated or where the police believe that persons are carrying weapons. The new clause proposes some changes to section 60 in its current form: to lower the rank of the police officer who may make an authorisation—a sergeant would be able to make an authorisation for six hours, an inspector for 24; to add two additional considerations which must be taken into account when extending the period of the authorisation; and to allow for an authorisation to be made orally, rather than in writing, in the first instance. There are also some less significant technical changes to the application of the powers, and to some definitions contained in the clauses. The purpose of the new clause seems to be to increase the operational flexibility with which the police can make use of these powers, by ensuring that officers can respond to intelligence more proactively, and quickly make an authorisation under section 60 to prevent a violent incident from occurring. I have sympathy for the objectives of the new clause, and I agree that we should ensure the police have all the powers they need to tackle weapon-enabled crime, and that they should be able to make the most effective use of these powers operationally. As I have said, I commend the hon. Members for Hornchurch and for Taunton (Mr. Browne) for their measured approach, following the concerns expressed on both sides when a related amendment was removed from the Bill in Committee. In my view, however, the changes to the existing section 60 do not amount to very much, and add little of substance to the existing powers. The amendment that I have tabled to section 60 will increase the flexibility with which the power can be exercised in circumstances where a serious violent incident has occurred, by allowing for an authorisation to be made orally. I do not propose to change the other safeguards concerning the rank of the officer who may make an authorisation, and its duration, as I feel that they are important to ensure that the powers are used in a proportionate way.