Serious Crime Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 42. This grouping concerns police powers of stop and search for dangerous instruments and offensive weapons. Amendment No. 42 extends the stop-and-search powers contained in the Criminal Justice and Public Order Act 1994. While the police have routine powers of stop and search in situations where they have a ““reasonable suspicion”” that a person is carrying certain items, Section 60 of the Criminal Justice and Public Order Act 1994 provides exceptional powers for the police to authorise the stopping and searching of persons and vehicles in a locality for knives and offensive weapons, which in England and Wales include firearms intended to be used to cause injury, without requiring reasonable suspicion. Police may use this power when they believe that a serious violent incident is likely to take place or that persons are carrying weapons in the locality. This provides a preventive power which addresses situations where an anticipated incident has not yet happened or where public order is threatened by weapon carrying en masse. The amendment adds a third scenario in which this power could be used—where a serious violent incident has taken place and the power would be useful in locating and taking out of circulation the weapon used in the incident and apprehending the perpetrator. While the existing preventive powers in Section 60 require written authorisation, the police will be able to make an authorisation orally to use this additional power to avoid any delay in the crucial moments following a violent incident. The effect of the amendment is to fill a small gap whereby the police are currently unable to use their Section 60 powers following a serious violent incident if they do not anticipate a further incident taking place or if there no widespread carrying of weapons. Knife and gun crimes are often isolated incidents and not followed by any further incidents. The extension of the Section 60 powers covers this scenario and will allow the police to make full use of the powers quickly to locate the weapon, take it out of circulation and, it is to be hoped, to apprehend the offenders. The safeguards already contained in Section 60 relating to the rank of officer who may make the authorisation and its length will remain in force and will serve to ensure that this new extension to the powers will be used only in a way that is necessary and proportionate. I am sure noble Lords 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. 52 provides that this new clause extends 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 Acts, including routine powers of stop and search for firearms, is reserved. However, policing of offensive weapons, including knives and bladed instruments, is devolved. Amendment No. 174 amends the Long Title of the Bill to reflect the addition of this clause on stop and search powers. Amendment No. 43 removes Clause 78 from the Bill. The noble Lord, Lord Marlesford, has tabled Amendment No. 43A, which would disagree to that and would leave in Clause 78. Although I am unable to support Amendment No. 43A, I will allow the noble Lord to speak to it before explaining my reasons. Moved, That the House do agree with the Commons in their Amendment No. 42.—(Lord West of Spithead.)