Violent Crime Reduction Bill

My Lords, I suppose that the words of the noble Lord, Lord Thomas of Gresford, were mildly provocative. I shall try not to rise to the bait too quick or too hard. As the noble Lord knows, in the Criminal Justice Act 2003, the Government introduced a minimum sentence for certain firearms offences in response to the rising level of gun crime. The aim was to deter criminals from using guns and to ensure appropriately tough sentences for those who still did. This approach has had some success. In 2004-05, there was a 5 per cent decrease in the number of crimes in which guns were used and handgun offences fell by 15 per cent. Statistics for the year ending 2005 show that firearms offences, excluding air weapons, were down 3 per cent and fatal injuries were down 30 per cent. That shows that the minimum sentences can work. It is a tough measure, but the courts can still take account of exceptional circumstances—the noble Lord alluded to that—relating to the offence or the offender and can impose a lesser sentence if they consider it justified. The Government think that that is the right balance and are committed to the minimum sentence measures in the Bill. Amendment No. 33 would prevent the courts from imposing a minimum sentence on 16 to 18 year-olds convicted of the new offence in Clause 26 of using someone to mind a weapon. I regret to say that it is not unknown for 16 to 18 year-olds to use guns and other dangerous weapons and it is therefore important that the minimum sentence applies to that age group, too. However, taking account of the fact that they are juveniles, Clause 27 provides for a different minimum sentence from that for adults. Instead of five years’ imprisonment, the minimum sentence is of three years’ detention. Amendment No. 34 would remove from the Bill what we consider to be a useful addition to the existing minimum sentence provisions for firearms offences. At present, the minimum sentence applies only to simple possession of a prohibited firearm. Clause 28 applies the minimum sentence to other offences involving the possession of prohibited firearms, such as possession with intent to injure or possession with intent to cause the fear of violence. That will ensure that an offender who commits one of those serious offences does not escape the minimum sentence by inadvertently not also being charged with the simple possession offence. The Government believe that minimum sentences can work. There is rightly the provision for the courts to take account of exceptional circumstances and to impose different sentences on juveniles. The measures in the Bill reflect that and, we believe, are balanced and fair. I have little expectation that the noble Lord will agree with me, but I invite him to consider those comments before he, I hope, withdraws the amendment.