Key Facts

• Amendment 51 would remove subsection (3) from clause 1.
• Amendment 55 proposes adding a condition to clause 1, page 1, line 20.
• Amendment 52 seeks to remove subsection (3) of clause 3.
• The amendments relate to clarifying defenses for those charged with possession of articles used in serious crimes.
• Clause 1(3) allows a person to defend themselves by stating they did not intend or suspect that an article would be used in connection with a serious offense.
• Amendment 55 aims to clarify the definition of 'possession' to exclude scenarios where someone is unaware of an item's presence on shared premises.
• Amendments 51 and 52 relate to clauses 1(3) and 3(3).
• The Minister provides assurance on subsection (4), allowing a defence if the defendant did not know about or had no control over illegal items.
• The clause's definition of possession is considered broad, potentially complicating police identification of joint criminal endeavours.
• Clauses 1 to 4 introduce new criminal offences applicable initially only in England and Wales.
• Amendments 14 to 22 and 41 extend these provisions across the UK following consultations with devolved administrations.
• Clause 2 allows the Secretary of State to add additional items via an affirmative statutory instrument for future-proofing against criminal innovation.
• The Criminal Justice Bill includes amendments that extend provisions to Scotland and Northern Ireland.
• Henry VIII clauses grant the Secretary of State powers to vary articles through regulations.
• There were 306,947 vehicle thefts in England and Wales in 2002-03, decreasing to a low of 71,815 by 2015.
• Vehicle thefts increased to 131,000 in the last year, marking an 13% increase since the start of the pandemic.
• The amendments extend offences specified under clause 1 to Scotland and Northern Ireland.
• Amendments add provisions for sentencing on summary conviction in Scotland (up to 12 months imprisonment or fine) and Northern Ireland (up to 6 months).
• Clause 3 extends the offence of electronic devices for use in vehicle theft to Scotland and Northern Ireland.
• Scammers use telecommunications networks to send thousands of scam texts and calls.
• SIM farms can be bought legally online until the Bill passes into law.
• The fraud strategy aims to stop large-scale fraud using telecommunications networks.
• Amendments were consulted in May 2023 with broad support but some concerns about definitions.
• There were 3.7 million instances of fraud in England and Wales in 2022.
• Fraud now represents 40% of all crimes.
• The National Crime Agency estimates that 86% of fraud goes unreported.
• The debate focuses on Schedule 1 - Possession or supply of Sim farms: powers of entry etc.
• Amendment 47 extends search powers only where a person has the powers of a constable, specifically including certain National Crime Agency employees.
• The Home Secretary will chair an international summit later this year to combat fraud with Five Eyes and other key countries.
• Clause 8 allows the creation of a summary offence for possessing or supplying an article specified in regulations.
• There is a statutory obligation to consult before creating such regulations under clause 8(5).
• The scope of the regulation-making power is limited to articles that pose a significant risk of being used for fraud through electronic communication networks or services.
• The amendment aims to include swords within the scope of bladed articles covered by clause 9.
• The Government consulted in April of the previous year regarding restricting possession of so-called zombie knives.
• In August 2023, the Government published its response committing to implementing all proposals from the consultation.
• Amendment 53 aims to add swords to the list of offensive weapons.
• Ronan Kanda was killed by a ninja sword at age 16 in Wolverhampton.
• The perpetrators were sentenced to 18 and 16 years in prison respectively.
• Existing legislation does not cover ninja swords.
• Possession of any bladed article without good reason is already a criminal offence under section 139 of the Criminal Justice Act 1998.
• The maximum sentence for possessing a bladed article with intent will be increased from two years to four years.
• Secondary legislation will ban certain types of knives, including zombie knives, regardless of markings on the blade.
• A Delegated Legislation Committee will debate the list of completely prohibited weapons in the near future.