Clause 77
Policing and Crime Bill
7:00 pm
Vernon Coaker (Minister of State (Policing, Crime & Security), Home Office; Gedling, Labour)
The hon. Member for Hornchurch and I deserve to exchange wry smiles, I think. We have been trying to sort this problem out between ourselves for quite a while. The provision arises from samurai swords as much as from anything else, but we are getting there.
Clause 77, with the amendments made in part 10 of schedule 6, separates out the importation consequences of specifying a weapon in an order under section 141 of the Criminal Justice Act 1988 from the consequences that flow under section 141(1) on sale, hire and so on. In doing so, the clause provides clarity on the powers of the Scottish and UK Governments to ban offensive weapons and facilitates the development of a common border control north and south of the border to support our drive to tackle knife crime.
Amendments 311 and 314 set out exceptions to the prohibition on importation of offensive weapons, rather than defences to specific offences, as is currently the case. That means that the exceptions can be relied on in proceedings for any criminal offence, as well as in forfeiture proceedings under the Customs and Excise Management Act 1979.
Amendments 315 and 316 amend the transitional provision in clause 77. The transitional provision applies where the date of importation cannot be established beyond reasonable doubt and where that would prevent a person from being convicted. The amendments widen the transitional provision to apply to any offence under the Customs and Excise Management Act rather than to specified importation offences.
Amendments 328 to 333 and 337 to 342 amend Scottish legislation on offensive weapon bans and ensure that defences for the purposes of film, TV and theatre can apply to the offences of sale, manufacture and so on of offensive weapons in Scotland. Such defences are already available in England and Wales. I hope—the hon. Member for Hornchurch will understand this—that this is the last time that I will have to move an amendment on the matter before this Committee or indeed the House.