Serious Crime Bill [Lords]

There can be little doubt about the appalling consequences of violent crime and the need for appropriate measures, such as stop and search, to help prevent it from happening. The headlines this year have been dominated all too frequently with news of victims of gun and knife-related violence. What has been particularly disturbing has been the age of the victims of these tragedies. The Minister made reference to a number of cases and I share with him strong feelings of condolence for the families and disturbance about the issues that these cases highlight. The murder of 11-year-old Rhys Jones, who was shot on his way home from football training in Croxteth, shocked the entire country. It put into sharp focus the urgent need to face up to violent crime and deal with gang culture, which acts like a cancer, destroying the lives of individuals, families and communities in too many of our communities across the country. In 1998-99, 864 people were injured or killed using a gun; whereas by 2005-06, the number had increased to 3,821—a fourfold increase. A study by the centre for crime and justice studies at King's college, London found that attacks in which a knife was used in a successful mugging have risen from 25,500 in 2005 to 64,000 in the year running up to April 2007. Home Office research has shown that firearms are on sale in the criminal underworld for as little as £50, with polling commissioned by Policy Exchange indicating that nearly one in eight men know someone who has or has had an illegal firearm and that nearly a fifth of men say they would be able to acquire an illegal firearm. As for knives, according to a poll conducted for the Youth Justice Board in 2004, 28 per cent. of young people in mainstream schools had carried a knife in the last year. In evidence to the Home Affairs Committee, Superintendent Leroy Logan, deputy borough commander in Hackney, described a situation of"““growing incidents of gratuitous violence committed by younger age groups...predominantly among themselves with an increasing use of weapons in an attempt to gain respect through violence.””" The Committee also heard of the escalation of violence from young people, with one young person saying:"““It has just escalated over the years and it has just got to the point where no-one is picking up fists, everyone is picking up guns. That is why it has just got so bad.””" The clear indication is that there is a growing prevalence of offensive weapons in our community and, sadly, a willingness of some to use them. Some have even described the possession of guns as a ““fashion accessory””. The situation is compounded by new routes of supply through the sale of weapons over the internet, for example, underlining the need for us to make our borders less porous and more secure. That is why it is right, in the context of the Bill, to consider the scope, adequacy and fitness for purpose of the current law relating to stop and search as part of wider measures to combat violent crime and the underlying causes of offending. During the Bill's passage through the other place, Lord Marlesford successfully moved an amendment introducing a right for a police constable to seal off an area and to search people and vehicles in that area for firearms by whatever means he considers appropriate, if he has reason to believe that people in that area may be carrying firearms. The noble Lord said that the purpose of the amendment was to give the police"““a simple and over-riding power which would enable them to make it far more risky for anyone to carry an illegal firearm””.—[Official Report, House of Lords, 30 April 2007; Vol. 691, c. 917.]" In Committee, however, the Government removed Lord Marlesford's amendment, following which I made it clear that we would reflect on the proposal, which we have now done. The two main existing statutory powers of stop and search are found in the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994. There are also additional provisions in the Firearms Act 1968 and the Terrorism Act 2000. Section 1 of PACE allows a police officer to stop and search a person in a public place for offensive weapons and other items. However, the power applies only where that police officer has ““reasonable suspicion”” that he or she will find such items. Those terms are further clarified in the codes of practice that sit alongside PACE. Under section 60 of the Criminal Justice and Public Order Act, to which the Government new clause relates, an officer of inspector rank and above has the right to authorise officers to stop and search people and vehicles within a specific locality for a period of up to 24 hours if they ““reasonably believe”” that crimes of serious violence may occur or that someone is carrying an offensive weapon. That authorisation can be extended by a further 24 hours with the consent of an officer of superintendent rank or above. It is important to note that this power may be exercised without the requirement of reasonable suspicion that would otherwise be needed under PACE. We believe that there is a need to make an important change to the powers under section 60 of the Criminal Justice and Public Order Act. We propose to create a new right for officers of the full rank of sergeant to authorise the stop and search of pedestrians and vehicles in a specific area for a period of up to six hours, if they reasonably believe either that incidents of serious violence may occur or that people are carrying guns, knives or other offensive weapons in that area. That authorisation could be extended to a maximum of 48 hours by further direction of an officer of the rank of superintendent or above. In addition, an officer of the rank of inspector or above would have an initial authorisation of 24 hours, capable of extension to 48 hours. New clause 8 gives effect to that. The new measure has three intended purposes. It is intended to add a new preventive power to law enforcement, to help stamp out possession of illegal weapons and prevent violent crime from happening; to give police at operational level more flexibility to respond to intelligence and potentially fast-moving situations; and to underline the importance of community policing, anchored by the police sergeant, and help develop confidence within the neighbourhoods and areas served by the local teams. We believe that this is a practical, common-sense change that will help the police to combat gun and knife crime within local communities. It is supported by the Police Federation. It is all about strengthening community policing on the ground, where the beat or neighbourhood sergeant has a key role. The sergeant is likely to have a closer connection with local issues and local people, and we think that that should be recognised within the framework, constraints and protection of the existing stop-and-search power under section 60. The new clause also underlines the importance of community-based solutions as part of wider measures to tackle violent crime and social breakdown. We believe that a six-hour authorisation for sergeants is appropriate and proportionate to give greater assurance to the public in the fight to stamp out illegal weapons on the street. We believe that it can help to make a difference in preventing serious violent incidents, and that it contrasts with the approach of a Government who remain in denial about the extent and nature of the problem. As the Minister said, the Government believe that their new clause 9 will fill a small gap. Although—as our interventions have demonstrated—we do not oppose the proposed changes in principle, it is difficult to see that they will add very much. The Government argue that the changes are needed to help police to recover and apprehend the assailant when a serious act of violence has taken place but there is no belief that further such acts will take place, and that they provide the potential for an oral authorisation invoking the section 60 power. However, authorisation under section 60 can already be invoked if there is a reasonable belief that persons are carrying offensive weapons in the stop-and-search area. If the new power is to enable officers to try to get hold of the weapon following a serious incident and catch the perpetrator in possession of it, officers must have the reasonable belief that someone is carrying an offensive weapon in that area. That means that the second limb of section 60 could be applied. As for oral authorisation, as I have said, section 60(9) already contemplates that an authorisation may be recorded in writing later when the giving of a written authorisation is not practicable, and as such it already envisages an oral authorisation. However, if it is felt that clarification of the law is helpful, we will take that into account.