Committee
Criminal Justice Committee 18 March 2026 [Draft]
18 Mar 2026 · S6 · Criminal Justice Committee
Item of business
Crime and Policing Bill
I am here to speak on the UK Government’s Crime and Policing Bill, to which new clauses have been added that again trigger the requirement for legislative consent. I appeared before the committee on 1 October last year to give evidence on LCMs that were lodged in May, June and August 2025. I then attended the committee for a second time last month, on 25 February, to give evidence on the supplementary LCM that was lodged in December 2025. Following that, the Criminal Justice Committee recommended to the Parliament that consent be given for the provisions that are covered by those LCMs.At committee last month, I set out that a further supplementary LCM was anticipated. Following that, we lodged our fourth supplementary LCM on 2 March 2026. That LCM covers the issues of remote sale or letting of knives, as well as the application of the definition of “law enforcement employer” and the advisory lists for the Civil Nuclear Constabulary and the British Transport Police. The amendments bring benefits to Scotland, so the Scottish Government is happy to recommend that Parliament provides legislative consent to the relevant provisions in the bill.Clauses 31 to 35 in the bill relate to knives and crossbows that are sold remotely. Remote sales include not only online sales but things such as mail order sales or sales by phone. Essentially, the concept of remote sales captures sales that are not made face to face—for example, sales that are not made in bricks-and-mortar shops. Age verification is a key element of knife and weapon sales, and that presents distinct challenges when a sale takes place remotely.In addition to the challenge of verifying age when a sale takes place remotely, there is the process of delivery of the item, where an increased risk of bypassing age verification arises. The amendments to clauses 31 to 35 extend across all the nations of the UK so that there is one system in place for retailers, delivery firms and businesses operating as collection points. The effect of the amendments is to strengthen the specific requirements on age and identity verification at the point of remote sale and at the point of delivery or collection. The amendments provide the Scottish ministers with powers to prescribe by regulations steps that a retailer, delivery firm or collection point operator may take to verify a buyer’s age and identity.In addition, a new offence of delivering or handing over a package containing a knife or crossbow to someone other than the buyer is created. That means that knives and crossbows can never be left with a neighbour, for example, or collected by someone other than the buyer—they must be delivered or handed over direct to the buyer. That strengthening of the requirements is needed to reduce the risks of weapons getting into the hands of underage individuals, and follows a recommendation from a UK Government-established independent review.Although this area of law is devolved, the policy extends to Scotland, as we consider that it is a sensible approach to have UK-wide laws to ensure that robust enforcement can occur and to avoid any cross-border loopholes arising. That reflects the nature of the many retailers and delivery companies that operate in all the nations of the UK.The amendment to clause 179 looks to include the term “law enforcement employer” so that it is consistently applied across clauses 173 to 178. The amendment to schedule 21 of the bill seeks to remove the requirement to include in the advisory list of the Civil Nuclear Constabulary and the British Transport Police those civilian employees who are retired or who resigned before allegations came to light.A number of amendments were also tabled that do not require the consent of the Scottish Parliament, because they are technical amendments to clauses that have been covered in previous LCMs. Those amendments remove the reasonable belief test from the child criminal exploitation offence, make minor drafting amendments to the provisions regarding child sexual abuse image generators, and make provisions for pre-commencement consultation on police access to driver licence information.The measures in this fourth supplementary LCM align with Scotland’s policy priorities, and the legislative consent of the Scottish Parliament is essential if the measures are to take effect in Scotland. I hope that that brief overview is helpful, convener.
In the same item of business
The Convener
SNP
Our next item of business is an oral evidence session on a supplementary legislative consent memorandum for the UK Government’s Crime and Policing Bill. In a...
Angela Constance
SNP
I am here to speak on the UK Government’s Crime and Policing Bill, to which new clauses have been added that again trigger the requirement for legislative co...
The Convener
SNP
As no members want to make any points about the LCM, is the committee content to recommend to the Parliament that consent should be given for the relevant pr...
The Convener
SNP
Are members content to delegate responsibility to me and the clerks to approve a short factual report to the Parliament on the LCM?Members indicated agreement.
The Convener
SNP
Thank you. As this is our final scheduled meeting of the parliamentary session, I thank the cabinet secretary and all the officials who have attended the com...
Angela Constance
SNP
Thank you very much, convener, and all other colleagues across the party divide. It has always been a good experience, if thorough and robust at times. It ha...
The Convener
SNP
Thank you. I suspend the meeting for a few minutes to allow for a changeover of witnesses.10:31Meeting suspended.10:33On resuming—