My Lords, Amendment 56 in my name seeks to increase the maximum sentence for the new offence of possessing a weapon with intent, where conviction is conviction on indictment, from four to 14 years. The principle behind a new offence of possessing a weapon with intent to use violence is well intentioned. It is one that we support. We are living through an epidemic of knife crime, and the level of general offensive weapon offences has shown no signs of declining over the past decade.

I appreciate that the Government are taking some of the necessary steps to attempt to curb this situation and this new offence is one of them. Creating more offences to eliminate the problem at source is the right approach, in our view, while introducing additional measures that target the most dangerous in our society is also necessary. This Bill creates a separate category for those who have violent intent, which, in principle, should achieve the latter. But it is worth implementing this offence only if it is accompanied by sufficient corresponding punishment. The Bill as it stands does not achieve this.

There is, of course, the current law that prohibits the carrying of a bladed article in public. That offence carries a maximum sentence of four years. It is a blanket offence which does not consider additional factors; it treats offenders the same regardless of whether they hold some kind of ill intent. This new law, conversely, will consider intent. Violent intent will become an additional factor to be considered, and rightly so, because the extra element of meaning to commit damage or harm makes it a worse crime than simply carrying a weapon. It will differentiate between those who might and those who intend to cause a threat to society. In essence, the question behind this amendment is: why then is this not reflected in the punishment? Why does the new law carry the same maximum four-year sentence?

This law should work to do two things. It should allow the justice system to differentiate between those who pose intentional threats and those who may not. It should deter those who have intent from leaving the house with a weapon in the first place. If the penalty does not differ from the current law, it will do neither. If the maximum sentence remains identical, the courts will not have the means to sufficiently differentiate criminals who have been convicted. The criminals themselves will not be deterred in the first place, as there will be no greater threat of repercussion than that which already exists.

If we are to treat carrying an offensive weapon with violent intent as a separate, more serious crime, it must be reflected in the punishment. It is an incredibly serious offence that someone should not only break the law by carrying an offensive weapon but do so with the intent to inflict damage or harm. It self-evidently threatens the safety of our citizens and shows complete disregard for the functioning of society. Sentencing these criminals as if their violent intent is merely a secondary factor that does not deserve consideration will not do, in my respectful submission.

Amendment 56 seeks to solve this disparity. It increases the maximum sentence to 14 years. It is a maximum sentence, a ceiling, not the sentence to be imposed whenever. That, in our view, is the right thing to do. It will give the courts the means to reflect this in practice. There is no reason why the Government should not wish to achieve both these things, but the punishment must be reflective of the crime. I look forward to the Government’s response on this. For those reasons, I beg to move.