Perhaps I may just add that it seems so widely drawn that the first condition, in proposed new subsection (1), is that there has to be an offence. It does not say that there has to be an offence involving violence. So, first there has to be an offence. Then you engage proposed new subsection (3)(b): during the commission of the offence, whatever it might have been, did the person involved carry a knife? If the offence was, say, a driving offence, I am sure that an SVRO would not be applied for or granted, but there is a large area of discretion here. When you take it a little further into proposed new subsection (4), it is simply an offence—the carriage of a knife and the question of “ought to have known”. So the whole thing wanders off into this speculative landscape where evidence does not seem to matter and it is all mental constructions. I am sorry for going on.
Police, Crime, Sentencing and Courts Bill
Proceeding contribution from
Lord Moylan
(Conservative)
in the House of Lords on Wednesday, 17 November 2021.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Police, Crime, Sentencing and Courts Bill.
About this proceeding contribution
Reference
816 c308 Session
2021-22Chamber / Committee
House of Lords chamberLibrarians' tools
Timestamp
2022-01-10 13:05:17 +0000
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