Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025 Debate
Full Debate: Read Full DebateLord Hanson of Flint
Main Page: Lord Hanson of Flint (Labour - Life peer)Department Debates - View all Lord Hanson of Flint's debates with the Home Office
(2 days, 23 hours ago)
Grand CommitteeThat the Grand Committee do consider the Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025.
Relevant document: 23rd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)
My Lords, the order before us seeks to add ninja swords to the list of prohibited offensive weapons by amending the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 to include them. I will briefly set out the context for why the Government have brought the order forward. The Government have already taken robust action to introduce a ban on zombie-style knives and zombie-style machetes, which came into force last September. We are also strengthening enforcement and prevention as part of the Government’s safer streets mission, and there will be further new measures before the House of Lords very shortly in the Crime and Policing Bill, which is currently going through the House of Commons.
This legislation to ban ninja swords was a government manifesto commitment last July and responds to tireless campaigning by the family of Ronan Kanda, who was just 16 when he was fatally stabbed by a ninja sword in 2022. We are taking this action in honour of Ronan’s memory, but also in recognition of the remarkable courage and determination shown by his loved ones, led by his mother, Pooja Kanda, alongside her daughter, Nikita Kanda, and other family members. I take this opportunity to pay tribute to their family. I cannot imagine what it is like to suffer such a terrible loss, yet, having suffered that loss, they have gone on to campaign for changes that will make our society safer. For that, they have my admiration and respect and, I hope, that of the whole Committee.
Although there have been relatively few fatal attacks involving ninja swords compared with other bladed weapons, there is no doubt that such swords can be lethal. Under Section 141 of the Criminal Justice Act 1988, it is an offence to possess, import, manufacture, sell, hire, offer for sale or hire, expose, or possess for the purposes of sale or hire, a weapon specified in an order made under that section. Using the order-making powers in Section 141(2) of that Act, the Government now add ninja swords, through this order, to the list of prohibited offensive weapons to which Section 141 applies.
These weapons—ninja swords—are defined as a sword with a blade between 14 inches and 24 inches in length, with one straight cutting edge and a tanto-style point. The length the Government have chosen is in order to exclude knives and tools used for legitimate purposes, such as many kitchen knives and other types of knife. To be within the scope of the ban, the article will also have the features specified in paragraph 1A, namely that the sword will have a primary cutting edge, a secondary cutting edge and a blunt spine with either a tanto-style point or a reverse tanto-style point. These terms are further defined in detail in the legislation.
Although it is right that we take the strongest possible action to prevent violence and stop dangerous weapons getting into the wrong hands, we are not seeking to criminalise law-abiding citizens. We are confident that the definition of ninja swords does not include tools traditionally used in agriculture or other farming, gardening or outdoor activities. We have included in the legislation defences to cover a range of circumstances, including where the article in question is one of historical importance; is owned for a permitted activity, such as sports or legitimate martial arts practice; or is made by hand. Antiques are already exempted from the scope of Section 141 of the Criminal Justice Act 1988, so the order before the Committee is very specific and tightly defined.
I have a couple of further points to make. Parts 3 and 4 of the order provide for a surrender and compensation scheme, through which owners of the weapons in scope of the order will be able to surrender them. The order has a territorial scope of England and Wales only, but I very much hope that the local devolved Governments in Northern Ireland and Scotland will take similar action to ensure that ninja swords are prohibited across the United Kingdom. To that effect, Home Office officials are in discussion with the Governments in Northern Ireland and Scotland, but, obviously, that is a matter for them.
To conclude, the risk of these dangerous swords being used for crime and violence is not one that we are prepared to tolerate. The manifesto commitment, endorsed last year in the July general election, commits the Government to halving knife crime in a decade as part of our wider safer streets mission. Banning ninja swords is an important step towards this and towards removing weapons from circulation. I commend the order to the Committee.
My Lords, we believe that this ban is proportionate and we support it. Sword-related deaths are rare but even one, such as the tragic loss of Ronan Kanda, is too many. I join the Minister in his admiration for the family and how they have behaved. However, for this ban to be truly effective, it must be robust and well implemented. I have a number of concerns; I would be grateful if the Minister could address them when he winds up.
First, if the people we most need to reach are not even aware of this ban or the surrender scheme, they are unlikely to have the desired impact. The Youth Endowment Fund says that this was a key failing of the previous scheme to ban zombie knives. Even some individuals working in this field were apparently unaware of the process. Clear and targeted communication is essential. Can the Minister outline how the Government will ensure that those who are the hardest to reach, who may not be easily identified or contacted, are made aware of these changes?
Secondly, I have a real concern that people surrendering zombie knives were asked to provide their personal details. Youth workers believe that this prevented many people coming forward, in particular those possessing weapons illegally, who already distrust the police completely. Will people be asked to provide their personal details this time?
Can the Minister clarify why the ban is limited to blades of up to 24 inches? Although most ninja swords are between 14 and 24 inches, knife enthusiasts are already bragging online that blades longer than 24 inches will remain legal. Was this intended to protect legitimate uses? From what the Minister said in his introduction, I assume that it was. If so, does the legitimate use exemption not already provide adequate protection? Is the Minister confident that criminals will not simply switch to longer blades to evade the law, which they seem to suggest online they would or should do?
I also want to ask about the exemption for fantasy swords. After the zombie knife ban, the BBC found that retailers were still selling them by claiming that they were for cosplay and could not cause harm unless modified. Is the Minister confident that this exemption will not create a similar loophole?
Furthermore, the legislation is narrowly drawn. The Home Office itself acknowledges that it may simply shift demand to other types of swords. It is unclear whether most swords used in recent homicides would even be covered by these new rules. What mechanism will be in place to review the effectiveness of this ban after it comes into force?
Finally, this law will make a difference only if it is enforced. The Clayman review suggests that the police currently lack the training, expertise and resources to police this effectively. Can the Minister provide information on how enforcement will be strengthened and what steps are being taken to improve police capability?
I would be grateful if the Minister would address these issues when he winds up.
My Lords, I am grateful for noble Lords’ comments and broad support for the order. I will deal with the noble Lord, Lord Lucas, first before I take the comments from both the opposition Front Benches. I am grateful for the noble Lord’s support for the exemptions. As he said, the Government have worked hard to ensure that we target knives and materials that are used for criminal and dangerous purposes and not for business purposes, as historical artefacts or, indeed, for historical antique purposes. I welcome his comments on that.
The noble Lord will know that Ministers considered illustrated guidance on the type of knife that would be covered by the order. That will be a publicly available. He made an interesting point about how we give that to police officers in a form that is understandable by them. He mentioned the interesting concept of putting things on an app. We can always reflect on those things, but it is important that police officers know exactly what is in place and exactly what type of knife is covered by the order. I will take away his comments and examine them in detail.
I welcome the support of the noble Baroness, Lady Doocey, for the order. She asked a number of key questions. She asked how we deal with those who are hardest to reach. We have published guidance and made a public announcement in May that we are doing this. A number of bins will be placed in key locations across the United Kingdom for surrender of knives during the amnesty period, between 1 July and 1 August. We have also commissioned a mobile surrender van to go around certain key areas where we believe there has been a high prevalence of knife crime. However, she is right that we need to raise public awareness. It is already an offence to carry a knife in public, but there might be people who do not realise that and will not want to fall foul of the law.
The noble Baroness asked whether people surrendering knives would have to supply personal details. I assure her that nobody has to supply personal details if they surrender a knife. If they wish to have compensation for the knife that they are surrender then, self-evidently, we will need an address and bank details to process the compensation accordingly. If an individual wishes to turn up at a police station during the amnesty period and deposit the knife then they do not have to give their details should they not wish to, but, self-evidently, they do for compensation.
The definition of the knife that we have settled on—14 to 24 inches—is because that type of knife is most commonly used. There are larger knives, but crime with longer swords is extremely rare, and we have again tried to be proportionate in the legislation. We have determined that up to 24 inches is important, and the description of ninja swords in the legislation strikes the right balance between banning the type of ninja swords we have seen on the streets while protecting the interests that the noble Lord, Lord Lucas, mentioned in his contribution.
The noble Baroness mentioned retailers trying to circumvent the law by describing their knife in a different way. Once the order comes into effect and ninja swords are banned, selling them will be an offence. We are providing defences for sale of those items, such as historical significance, being antiques, agricultural use or business use—even, dare I say it, use for theatrical performances and the production of films and television programmes—but there is a clear defence. We believe that the order provides details of the offence if an individual sells a ninja knife and tries to pass it off as something else, or defines it as not a ninja knife. It will then be up to the police to arrest and the CPS to determine whether to prosecute, for prosecutions to go forward, and for the courts to determine whether that defence was appropriate. I go back to the basic first principle: once ninja swords are banned, selling them will be an offence. I hope that reassures her.
The noble Baroness mentioned whether banning this type of weapon would transfer activity to other types of weapons. These are stark and terrible figures, but it may help to say that between April 2023 and April 2024, 262 people were killed as a result of the type of activity that we have been talking about. Kitchen knives were the bladed item that caused the highest number of homicides, with 109 people dying as a result of them. Only four people were killed with zombie knives in that year; 18 were killed with machetes, six with flick-knives, five with hunting knives, 48 with other knives, four with other sharp instruments, one with an axe, and 13 with Rambo-style military knives. A range of knives are already used. I will come on to the points that the noble Lord, Lord Davies, made in a moment, but we are trying to put some energy into the zombie knife ban following the very important campaign by Ronan’s family. Obviously, kitchen knives are domestic knives that are used for domestic purposes, and that is very difficult to address accordingly.
The other point that the noble Baroness made was around police training, expertise and resources. It is already an offence to carry a knife in public, and the police can enforce the legislation in this area. The order makes it an offence to possess a ninja sword in private. The police are not going to go knocking on every door in the United Kingdom saying, “Have you got a ninja sword?”, but if there is a police intervention into a property about another matter then possession of a ninja sword in that property might well be an example of where that offence is taken forward. It might well be that the police enter the property of an individual whom they believe might have been seen on a street carrying a sword, and then find the sword. However, this is about possession of a ninja sword in private, predominantly, because carrying that weapon in public is already an offence. I hope that helps the noble Baroness.
I welcome the support for the order by the noble Lord, Lord Davies. He is absolutely right that it is proportionate and reasonable. He is also right that we need to look at the wider issue of knife crime as a whole in the community at large. He asked about the resources we have put in. Neighbourhood policing is a great investment by this Labour Government, who will put an extra £1 billion into policing as a whole this year. We anticipate increasing the number of neighbourhood police to 3,000 this year and, we hope, to 12,000 to 13,000 by the end of this Parliament. Neighbourhood police are, basically, community-based police officers who will be able to pick up intelligence, know their community, work closely with other individuals and, I hope, look at where there are pressures on knife crime to find collective solutions with other agencies, including youth support.
The Government are investing in youth hubs, which are one of our manifesto commitments. We have set up a coalition to tackle knife crime, on which we will work with a number of experts in this area, including youth organisations. In particular, the Young Futures programme is a key part of our mission to keep our streets safe. The noble Lord raises important issues. The Government have emerging and current plans to put additional investment into youth work. In particular, the knife-enabled robbery task force that we established will look at some of the root causes of knife crime. Ultimately, we have to tackle the long-term culture of younger people, in particular, carrying knives as a matter of course. Death sometimes arises through people carrying knives as a mechanism of defence, when all it ends up doing is causing attacks against themselves.
I hope, with those comments, that the Committee will be able to approve the order. It is a useful addition to the potential activities that government and police forces can undertake to prevent knife crime, and I commend it to the Committee.
Motion agreed.