The Joint Committee on Human Rights has written to Home Office
Minister Baroness Williams to raise concerns about the proposed
amendments, which may criminalisechildren who have no previous
convictions: not for carrying a knife (which is already against
the law) but for breaching requirements which could be
imposed in ways which prevent them from living a normal life.
The Committee understands the Government’s desire to tackle knife
crime, and to protect children from harm and from being drawn
into violence.
However, children aged 12 and over without any conviction could
be subject to a Knife Crime Prevention Order (KCPO) based on the
civil standard of proof - balance of probabilities. Breach of an
Order is a criminal offence, with a prison sentence of up to 2
years.
The requirements attached to such an Order are not expressly
limited, and could interfere with a range of human rights
including freedom of religion, expression and association, and
peaceful enjoyment of property.
The Committee has asked the Government to explain why it has
not followed the approach in gang injunctions (described in the
letter). The KCPO guidance may be particularly important in
ensuring that the proposed new regime is used proportionately,
and the Committee has requested early sight of this for scrutiny
when the Bill returns to the Commons.
