Moved by
Baroness Williams of Trafford
96: After Clause 142, insert the following new Clause—
“CHAPTER 1A
KNIFE CRIME PREVENTION ORDERS
Knife crime prevention order on conviction: adjournment of proceedings
(1) In section 19 of the Offensive Weapons Act 2019 (knife crime prevention orders made on conviction), after subsection (9) insert—
“(9A) The court may adjourn any proceedings on an application for a knife crime prevention order even after sentencing the defendant.
(9B) If the defendant does not appear for any adjourned proceedings the court may—
(a) further adjourn the proceedings,
(b) issue a warrant for the defendant’s arrest, or
(c) hear the proceedings in the defendant’s absence.
(9C) The court may not act under subsection (9B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
(9D) The court may not act under subsection (9B)(c) unless it is satisfied that the defendant—
(a) has had adequate notice of the time and place of the adjourned proceedings, and
(b) has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.”
(2) Regulations under section 178(1) which bring subsection (1) into force only for a specified purpose or in relation to a specified area may—
(a) provide for that provision to be in force for that purpose or in relation to that area for a specified period;
(b) make transitional or saving provision in relation to that provision ceasing to be in force at the end of the specified period.
(3) Regulations containing provision by virtue of subsection (2)(a) may be amended by subsequent regulations under section 178(1) so as to continue subsection (1) in force for the specified purpose or in relation to the specified area for a further specified period.
(4) In this section “specified” means specified in regulations under section 178(1).”
Member’s explanatory statement
This amendment makes it explicit that, if an application for a knife crime prevention order is made following a defendant’s conviction of an offence, the court may adjourn proceedings on the application after sentencing the defendant.