My Lords, the violent use of knives and offensive weapons in prison poses a real threat to the safety of prison staff and prisoners. Only earlier this month we saw reports that an officer at Swaleside prison in Kent was attacked with a blade. I am sure that the whole House would agree that the possession of weapons in prison is unacceptable—and yet, unlike in public places and schools, possession of such weapons in prison is not currently a criminal offence. This new clause will put that right.
Amendment 48 would insert new Section 40CA into the Prison Act 1952 to create a new offence for persons in prison to possess any article that has a blade or is sharply pointed, or any other offensive weapon, without authorisation. This will include weapons manufactured by prisoners from everyday items, which are the types most commonly used.
While possession of such items is a criminal offence in a public place and in schools, it is not currently a criminal offence in prison. This has led to a disparity between the penalties available to tackle this sort of crime in the community and those available within prison establishments. This disparity must be addressed. Assaults and violence are a long-standing problem within prisons. If left unchecked, they can quickly destabilise a prison and threaten the safety of both staff and prisoners. While assaults without weapons are more common, assaults with weapons are not infrequent and can inflict life-changing injuries.
The new offence will add to the existing criminal offences in the Prison Act that make it an offence for a person to convey certain items—including firearms, explosives and other offensive weapons—in or out of prison without authorisation, or to be in possession of a camera, sound recording device, mobile phone or other similar device in prison. Possession of weapons by prisoners is currently dealt with through the prison adjudication system. The maximum penalty for a disciplinary offence under the internal adjudication system is 42 added days served in prison compared with the four years’ custodial maximum for the equivalent offence committed in the community.
Criminalisation will ensure that the more serious weapon possession offences can be punished through the criminal justice system rather than the prison adjudication system, as appropriate. The maximum penalty for the new offence will mirror the maximum penalty for the offence in the community: a four-year maximum sentence on conviction on indictment or a fine, or both; or, on summary conviction, a maximum six-month sentence or a fine or both.
There are of course legitimate circumstances in which persons in prison, including prisoners, may need to have sharp items or other articles in their possession. For example, a prisoner may need to use a bladed tool in a carpentry session, or may use kitchen
knives when preparing meals. The authorisations framework in the Prison Act recognises this reality. Subsection (5) of the new clause therefore applies the existing authorisations framework to the new offence. Authorisations may be given administratively by the Secretary of State or by the Prison Rules in relation to all prisons or prisons of a specified description. Authorisations may also be given administratively by the Secretary of State, the governor or director of the prison, or by a person authorised by the governor or director in relation to particular prisons.
Amendments 58 and 65 are consequential on the lead amendment. All three amendments will ensure that the current maximum sentence for the offence of possession of a knife in the community is also available in prisons. This will act as a more effective deterrent and ensure that tougher punishments are available to tackle the problem of weapons and violence in prisons. The message to prisoners who want to possess offensive weapons is clear: we do not tolerate it in the community and we will not tolerate it in prisons. I beg to move.