Lord Cameron of Lochiel (Con)

My Lords, Amendment 27 in my name and in the name of my noble friend, Lord Davies of Gower, would increase the maximum sentence for the new offence of possession of an offensive weapon with intent to use it to commit unlawful violence from four to 10 years. The Bill rightly introduces this new offence to bridge a gap in existing law. At present, the maximum custodial sentence for offences such as carrying a bladed article or offensive weapon in public is up to four years on indictment, whether or not the person has intent. The new offence, as currently drafted, reflects a more serious scenario: possession with the intention to cause harm. However, this new offence carries the same maximum penalty as the existing offence, meaning that the additional element of meaning to commit damage or harm is not reflected in the prescribed punishment. In Committee, many noble Lords highlighted this very real concern. I observed that the offence as drafted differentiates between simple possession and intentional violence. I posed a simple question to the Government: why is the maximum sentence the same for both? If the law is to distinguish between those who might cause harm and those who intend to do so, that distinction should be mirrored in sentencing as a matter of logic. Similarly, my noble friend Lord Blencathra emphasised that possession of an offensive weapon with intent to use it to commit violence or to cause fear is a profoundly serious act. He noted that: “Such intent demonstrates a premeditated willingness to inflict harm, intimidate or destroy property”.—[Official Report, 17/11/25; col. 655.] When these concerns were raised in Committee, the Government expressed opposition on the grounds of proportionality in raising the maximum sentence. The Minister said that four years aligns with maximum penalties for existing weapons-related offences, and that the offence sits logically between simple possession and actual use or threat. Yet this rationale effectively treats two objectively different states of mind and conduct as of equivalent seriousness in law: possessing without harmful intent, and possessing with the intent to unleash unlawful violence. This amendment does not advocate arbitrary maximums or mandatory sentences. In fact, we have met the Minister half way in a spirit of compromise and lowered our original proposed threshold of 14 years to 10 years. I also respectfully remind your Lordships’ House that we are advocating a 10-year ceiling, not a default outcome; it is a maximum sentence only. Sentencing of course remains a matter of discretion for a court in an individual specific case. A higher maximum sentence would not mandate a longer sentence in every case. Amendment 27 would simply give the courts the discretion to impose sentences that more appropriately reflect the gravity of offences involving violent intent. This would enhance judges’ ability to differentiate between levels of culpability and send a clearer signal that society treats premeditated threats of violence more seriously than mere unlawful possession. If the Minister will not accept this amendment, I am minded to divide the House. I beg to move.