Clause 1 - Penalties for criminal offences
Copyright, etc. and Trade Marks (Offences and Enforcement) Bill
10:30 am
Dr Vincent Cable (Twickenham, Liberal Democrat)
Yes, the hon. Gentleman is right. He has extensive knowledge of the computer industry and information technology, and I am sure that he has such information on good authority.
One of the initiatives that prompted the Bill is the growing amount of evidence from the criminal intelligence service that large-scale organised criminals, including drug dealers, are becoming
involved in the business, and that it is a relatively safe option for them If they manage to convert the proceeds of their crime into copyright pirating, the maximum sentence is two years, which in practice would probably be reduced to one year. For a major organised crime syndicate, that would not be a deterrent. Several examples have been quoted in the past of the police trying to bring to justice a major criminal who is known to them who was involved in copyright theft. Large amounts of resources being expended on a major trial and a perfunctory sentence being passed obviously sends out the wrong signals.
I shall pull together the threads. Problems arise not because of any passive intent in the law but as a result of the sequence of legislation. Copyright legislation was introduced in 1988, with a two-year maximum prison sentence. Subsequently, under trade mark law, people began to become more aware of the criminal involvement and the seriousness of the theft, so tougher sentences of 10 years were applied. The Bill is an attempt to reconcile the two.
To reassure Committee members who may be wondering why people should go to prison for 10 years for what might be a non-violent crime and whether the term is excessive, the proposed term corresponds to comparable criminal sentences, such as those for fraud. In addition, only in the most severe cases, involving major criminals, is a 10-year sentence likely to be sought by the prosecuting authority and imposed by the courts. The Bill provides for summary sentencing in magistrates courts.