Tag: England and Wales

Nationwide call to surrender all zombie-style knives and machetes

A nationwide call to hand over zombie-style knives and machetes has been launched by the UK government, before these dangerous weapons are banned from our streets.

From 24 September, it will be illegal to own zombie-style knives and machetes as they will be added to the list of dangerous prohibited items already banned, including zombie knives, butterfly knives, Samurai swords and push daggers.

Ahead of the new ban coming into force, anyone who has one of these weapons is being urged to hand them over – safely and legally.

This scheme​ will be run at police stations across England and Wales for four weeks between 26 August and 23 September, without repercussions for surrendering these potentially dangerous knives safely. 

Individuals can also anonymously dispose of these weapons using safe, surrender bins, by contacting their local police, council or an anti-knife crime charity to find out about alternative options, other than police stations, in their area.

After 24 September, anyone caught with a zombie-style knife or a machete faces time behind bars.  

Policing Minister, Diana Johnson said: “Too many people have access to weapons that can lead to devastating, life-changing consequences. There is no legitimate need for a weapon of this kind to be in our homes or on our streets.

“That is why we will continue to make sure the tightest restrictions are in place to limit the availability of these lethal weapons. Implementing a ban on zombie-style knives is just the first step in our ambitious, dedicated plan to halve knife crime within a decade, and will closely be followed by making ninja swords illegal. 

“It is absolutely crucial that members of the public come forward and safely hand in these weapons. We are offering people the chance to do the right thing – to help make our streets safer, prevent further loss of life and save so many futures.

“We cannot do this alone, political, policing and community leaders must work together to bring the knife crime epidemic to an end and offer a better future for our young people.”

Participating police stations are spread across the country, and people should contact their designated police station first to get advice on how to package up any weapons and bring them into the station.  

This scheme is just one part of the government’s pledge to halve knife crime in a decade. Next steps will include further bans, stronger rules to stop online sales, and tough action to stop young people being drawn into crime.

Public trust in charities at ten-year high, new research shows

People receiving charitable support grows threefold in four years, as cost of living pressures bite

The Charity Commission, the regulator of charities in England and Wales, has published fresh research that shows public trust in charities at highest level since 2014.  

The research reveals that information about how money is spent by a charity is the single most important factor for most people. This is followed closely by knowing that the charity achieves its purpose, that it makes a difference and that it operates to high ethical standards.  

Overall, trust in charities is high and continues to recover. Charities now score 6.5 out of 10 for trust, up from 6.3 in 2023, from a low of 5.5 in 2018 following a series of scandals. 58% of people have “high” trust in charities (7 out of 10 or higher), placing it among the most trusted groups in society, second only after doctors.  

In a challenging financial environment, the research illustrates a growing reliance on charities for support, alongside a declining percentage of people donating to charities. 47% of people say they donated money or goods, or raised funds for charity, compared with 62% in 2020.

By contrast, there has been an increase in people saying they have received charitable services, such as financial help, food or medical support from a charity – 9%, up from 3% in 2020.  

Around half of people say they have heard of the Charity Commission, with 19% knowing it ‘well’. Awareness of the Charity Commission is associated with higher trust in charities, with those who have heard of the regulator being more likely to report high trust (63% vs. 52%). Around 4 in 10 people are aware of the online Register of charities.  

Charity Commission Chief Executive, David Holdsworth, says: “These findings are encouraging, demonstrating that charities collectively are once again firmly trusted by the public, making a visible, essential difference locally, nationally and globally.

“But there is no room for complacency, for charities or for us as regulator. The new findings point to the challenging financial environment charities are operating in, with a decline in the number of people giving to charity, whilst the high cost of living appears to be driving more people to access charity services.

“In these financially challenging times, charities must continue to show people how they deliver on their purpose, including how every penny makes a positive difference.

“Anyone can look up this information on our public Register of charities, which gives details of each charity’s purpose and spending.”

Research into trustee attitudes  

Alongside the research into public trust, the regulator has published the findings of a survey into charity trustees’ attitudes towards their role.  

The research finds that most trustees share the public’s high expectations of conduct in charities – 61% agree that because of its registered status, their charity’s standards of behaviours and conduct ought to be higher than that in other organisations.  

Overall, trustees have high stated levels of confidence in their responsibilities, and generally understand what they should do when making decisions, with those who are aware of the Charity Commission demonstrating they are better informed.   

But the research, also conducted by BMG, finds that trustees are less clear on things they should not be doing, including making decisions based on their personal views, or avoiding awkward questions. They are also less confident about dealing with conflicts of interest, and overseeing charity finances. 

For the first time, the Commission asked charity trustees about their charity’s use of Artificial Intelligence. Only 3% of trustees said their charity has used AI, however this rose to 8% of larger charities (income £1m+). 

Previously published data from the research confirms how widespread problems with banking services are for trustees – 2 out of 5 trustees said their charity has experienced a banking issue over the past year.

The Commission has previously spoken out on its concerns about the impact on charities of poor service from the banks.

Earlier this year, the Commission said it was “shocked, but not surprised” by “undeniable evidence of the extent and impact of the appalling service charities receive from some banks.” 

The full research is available on GOV.UK

New legal restrictions on XL Bully dog now in force in England and Wales

It is now illegal to breed, sell, advertise, gift, exchange, and abandon these dogs or let them stray

New restrictions on the XL Bully dogs are now in force (31 December) making it a legal requirement for all XL Bully dogs to be kept on a lead and muzzled when in public. It is also illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray from today.

The decision to ban XL Bully dogs was made following a concerning rise in attacks from these dangerous dogs, with 23 people sadly losing their lives after vicious dog attacks in the last three years. XL Bullies have been involved in many of these tragic deaths. 

Owners are also being urged to apply to register their current XL Bully dogs, as the Government takes action to safely manage the existing population of the breed. There is only a month left to meet the deadline when the ban comes into force on 1 February.

Owning an unregistered dog after this date will be a criminal offence, with owners who don’t facing a criminal record and an unlimited fine. Owners who do not want to keep their dogs after this date should take them to a vet to have them put down. 

If owners are unsure whether their dog could be classed as an XL Bully, they should check their dog carefully against our guidance and photo examples of XL Bully dogs to help them decide.

Environment Secretary Steve Barclay said: “The Prime Minister pledged to take quick and decisive action to protect the public from devastating dog attacks with measures in place by the end of 2023.

“We have met that pledge – it is now a legal requirement for XL Bully dogs to be muzzled and on a lead in public. It is also now illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray. 

“All XL Bully owners are expected to comply with the law and we will continue to work closely with the police, canine and veterinary experts, and animal welfare groups, with further restrictions on XL Bully dogs coming into force on 1 February.”

The UK Government has taken a staggered approach to safely manage the existing population of XL Bully dogs, while ultimately banning the breed. 

On the 31 October, XL Bully dogs were added to the Dangerous Dogs Act, with owners given two months to prepare for the first stage of the ban.

Since the 31 December [today], it is illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray. All XL Bully dogs must also be kept on a lead and muzzled when in public.

From 1st February all XL Bully dogs which must be registered.

From 30 June, XL Bully dogs over 1 year old must be neutered, this is extended until the 31 December for younger dogs.

NOTE: THIS LEGISLATION DOES NOT APPLY IN SCOTLAND

Owners urged to take action as XL bully dog deadline approaches

UK Chief Vet urges owners to take all necessary steps to ensure they are complying with the law

  • From 31 December all XL Bully type dogs must be kept on a lead and muzzled in public.
  • It will also be illegal from this date to breed, sell, advertise, gift, exchange, and abandon these dogs or let them stray.
  • UK Chief Vet urges owners to take all necessary steps to ensure they are complying with the law.
  • Over 4,000 exemption certificate applications have now been received.

XL Bully owners are today being urged to make sure they are ready to comply with new restrictions that come into force on 31 December­ in England and Wales.

The message from the UK Chief Vet Christine Middlemiss comes with less than two weeks for the deadline for keeping XL Bully dogs on a lead and muzzled when in public. It will also become illegal to breed, sell, advertise, gift, exchange, abandon, or let XL Bully dogs stray from this date.

There is also just over 6 weeks left to apply for an exemption certificate before the ban of the breed comes into force on the 1st February. Over 4000 applications have been now received with the majority of certificates issued in less than a week.

Owners will need to provide proof that their dog has been microchipped and it will need to be neutered by 30th June for older dogs, and the end of 2024 if the dog is under one year old.

If owners are unsure whether their dog could be classed as an XL Bully, they should check their dog carefully against our guidance and photo examples of XL Bully dogs to help them decide.

Chief Veterinary Officer Christine Middlemiss said: “New legal restrictions for XL Bullies are now less than a fortnight away. Owners should read the guidance and ensure they are ready to comply with the new rules, which includes keeping your XL Bully dog muzzled and on a lead in public from 31 December.

“From 1 February 2024, it will also be a criminal offence to be in possession of an XL Bully in England and Wales unless you have applied for an exemption. Please do not risk leaving it to the last minute if you want to keep your dog, you should apply now for a Certificate of Exemption.

“We recommend a precautionary approach – if you are unsure if your dog is an XL Bully or whether any puppies may grow up to be of this dog type, you should comply with the relevant requirements and restrictions.”

After the transition period ends, owners without a Certificate of Exemption could receive a criminal record and an unlimited fine if they are found to be in possession of an XL Bully type. These measures are being introduced to safeguard the public following an increase in dog attacks in recent years. Up until 2021 there were around 3 fatalities per year. There have been 23 since the start of 2021 – with the XL Bully being disproportionately involved in this rise.

To receive an exemption, owners must hold active public liability insurance for their dog, have had their dog microchipped, and pay the application fee. Owners will also be required to provide proof that their dog has been neutered. For most dogs, this will be by 30th June, and for dogs under one year old, this should be by the end of 2024.

During the transition period, owners who no longer wish to keep their dogs and who arrange for a vet to euthanise them may apply for compensation towards this. Owners and their vets will need to complete a form to make a claim.

Owners can access the most up to date information on what action they need to take and when on this dedicated page, Prepare for the ban on XL Bully dogs – GOV.UK (www.gov.uk).

Leading animal welfare organisations including Blue Cross, Dogs Trust, PDSA and Battersea Dogs and Cats Home have developed a range of helpful resources and free online learning opportunities to support owners to muzzle train their dogs.

Owners whose dogs are dangerously out of control are already breaking the law, and the enforcement authorities have a full range of powers to apply penalties to them. Under the Dangerous Dogs Act, people can be put in prison for up to 14 years, be disqualified from ownership and their dangerous dogs can be euthanised.

  • If your dog is less than one year old on 31 January 2024, it must be neutered and evidence received by 31 December 2024 
  • more than one year old on 31 January 2024, it must be neutered and evidence received by 30 June 2024 
  • If your dog is already neutered, a vet must confirm this by: 
  • 31 December 2024 for dogs less than one year old on 31 January 2024 
  • 30 June 2024 for dogs more than one year old on 31 January 2024

DOES THE LEGISLATION APPLY IN SCOTLAND?

Then Secretary of State for Environment, Food, and Rural Affairs, Therese Coffey (remember her – Ed.?) confirmed the UK Government intention to add XL bullies to the 1991 Act and plans to speak to devolved nations to implement this across the UK. If Scottish Ministers agree, then the ban will be applied in Scotland.

If a ban is implemented in Scotland then this does not mean XL bullies will be euthanised, they can be added to the index of exempted dogs.

The UK Government plans to convene an expert group to specify a legal definition of the XL bully. The group will consist of animal welfare experts, veterinary professionals, the police, experts in breeds and representatives from the four nations.

The findings of the group will inform Scotland’s actions on the ban going forward.

(INFO – Scottish SPCA)

Last month (November) a Scottish Government spokesperson said: “We are carefully considering the evidence as to whether changes to ban the XL Bully dogs and breed will be applied in Scotland.”

‘Polluters must pay’ says Environment Secretary

Polluters to face unlimited penalties in England and Wales

New laws will scrap the cap on civil penalties and significantly broaden their scope to target a much wider range of environmental offences

Those that pollute the environment will face unlimited penalties under new legislation announced today by the UK government (Wednesday 12 July).

The current limit of £250,000 on variable monetary penalties that the Environment Agency and Natural England can impose directly on operators will be lifted, following a government consultation which received widespread public support.

This will offer regulators a quicker method of enforcement than lengthy and costly criminal prosecutions – although the most serious cases will continue to be taken through criminal proceedings.

New powers will also enable these higher penalties to be levied as a civil sanction for offences under the Environmental Permitting (England and Wales) Regulations 2016, the regime under which the majority of Environment Agency investigations take place.

This will ensure regulators have the right tools to drive compliance across a range of sectors, strengthening enforcement and holding all who hold environmental permits – from energy and water companies to waste operators and incinerators – to greater account.

Environment Secretary Thérèse Coffey said: “Polluters must always pay. We are scrapping the cap on civil penalties and significantly broadening their scope to target a much wider range of offences – from breaches of storm overflow permits to the reckless disposal of hazardous waste.

“It builds on action being taken right across government to stand up for our environment – tackling pollution, protecting delicate ecosystems and enhancing nature.”

Minister for Environmental Quality and Resilience Rebecca Pow said: “By lifting the cap on these sanctions, we are simultaneously toughening our enforcement tools and expanding where regulators can use them.

“This will deliver a proportionate punishment for operators that breach their permits and harm our rivers, seas and precious habitats.

“This was one of the measures set out in our Plan for Water earlier this year. I am proud to say this government has acted swiftly so that this will now be enshrined in law, further strengthening the power of regulators to hold polluters to account.”

Environment Agency Chair Alan Lovell said: “We regularly prosecute companies and individuals through criminal proceedings, but these new powers will allow us to deliver penalties that are quicker and easier to enforce, even though the most serious cases will continue to go to court.

“That should be an important deterrent – boosting compliance across a range of sectors, driving down pollution and safeguarding the ecology and prosperity of our natural world.”

There are clear provisions in the Sentencing Council guidelines that will ensure the level of penalties levied are proportionate to the degree of environmental harm and culpability. These include safeguards to ensure the operator’s ability to pay, the size of the operator, and the degree of responsibility and harm, amongst others – all of which are taken into account when imposing a penalty.

The amendments to legislation will be approved by both Houses of Parliament in due course before coming into force.

As set out in the UK government’s Plan for Water, future environmental fines and penalties from water companies will be re-invested into the government’s new Water Restoration Fund.

This fund will deliver on-the-ground improvements to water quality, and support local groups and community-led schemes which help to protect our waterways. River catchment groups – bringing together local NGOs, councils, government agencies and farmers and working together in catchments across the country – will benefit from this funding.

Chelsea v Liverpool to be first football match to trial safe standing in England

Football fans will be able to stand in some of the biggest stadia in England and Wales from today, as the UK Government launches its landmark trial of safe standing for the remainder of the domestic football season.

Supporters attending Chelsea against Liverpool at Stamford Bridge this afternoon will see new facilities in use within the Matthew Harding Stand lower tier and Shed End upper and lower tiers.

It follows Sports Minister Nigel Huddleston recently visiting the stadium to inspect the arrangements put in place, and meet with fans and club representatives.

Five clubs – Cardiff City FC, Chelsea FC, Manchester City FC, Manchester United FC and Tottenham Hotspur FC – will be the first in the top two tiers of football to have licensed ‘safe standing’ in designated seated areas for home and away fans, as the Government works towards fulfilling its manifesto commitment.

The grounds have been selected following an application process, open to all grounds covered by the all-seater policy, led by the Sports Grounds Safety Authority (SGSA).

The clubs involved in the pilot will have to adhere to strict conditions including enhanced use of CCTV, improved steward training, and fans utilising licensed safe standing areas being strictly limited to ‘one person, one space.’

Each supporter will occupy the same area that they would take up if they were sitting, with a traceable, numbered ticket. Barriers will be in place behind and in front of every individual. Seats must not be locked in the up or down position, so fans can choose to sit if they wish to, and the standing areas must not affect the views of other fans.

Standing areas are already commonplace in Germany’s Bundesliga and there are similar examples across the rest of Europe, the United States and Australia.

https://youtu.be/i4qWNl18L7U

Nigel Huddleston, Minister for Sport, said: “Fans have long campaigned for the introduction of safe standing, so I’m pleased that Stamford Bridge will launch this pilot programme that will allow us to carry out an in-depth trial at some of our biggest stadia over the remainder of the season, and inform a decision on a widespread roll-out.

“Safety will be absolutely paramount at all times. Detailed work is being carried out to monitor these early adopters, and the SGSA will work hand-in-glove with football clubs, supporters groups, local authorities and the police.”

The introduction of licensed standing areas follows research conducted during the 2019/20 season, prior to the onset of the pandemic, which found that seats with barriers/independent barriers helped reduce the safety risks related to standing in seated areas.

Over the remaining part of the season, research will be carried out at the grounds by CFE Research, to evaluate the implementation of licensed standing areas at early adopter grounds.

This research will be provided to the Government to inform its decisions about the potential wider roll-out of licensed standing from the start of the 2022/23 season for Premier League and Championship clubs that wish to introduce it and have met the strict conditions.

Ken Scott, Head of Inspectorate of the Sports Grounds Safety Authority (SGSA), said: “The focus of the SGSA is the safety of all fans at sports grounds. We know there is a safety risk arising from fans who persistently stand in seated areas, demonstrated in independent research.

“The advent of new engineering solutions and the findings from our research has shown this can be managed safely. The early adopters programme will enable us to properly test and evaluate licensed standing areas and advise the Government in its next steps.”

Kevin Miles, Chief Executive of the Football Supporters Association, said: “This is a huge step forward. This is something we’ve been campaigning for 30 years on. It’s great to see people now being offered the choice on whether to sit or stand at a football match.

“I will feel more secure having that safety rail in front of me there. I think that will make a difference to the confidence of fans in the stands about their own safety.”

Every Fixed Penalty Notice issued under coronavirus regulations ‘must be reviewed’

A cross-party committee of MPs and Peers says fixed penalty notices (FPNs) – which can be as much as £10,000 – are muddled, discriminatory and unfair.

Today’s report from the Joint Committee on Human Rights calls for:

  • comprehensive review of all FPNs which have been issued
  • a mechanism to challenge new FPNs
  • a decision that no criminal record should result from covid-19 FPNs
  • an assessment of income for big fines.

In The Government’s Response to covid-19: fixed penalty notices, the Committee sets out significant concerns about the validity of FPNs, the inadequacy of the review and appeal process, the size of the penalties and the criminalisation of those who cannot afford to pay.

More than 85,000 fixed penalty notices have been issued to people in England and Wales said to have broken covid-19 laws on restrictions since March 2020. FPNs allow people to pay a penalty instead of facing prosecution and a potential criminal record.

Penalties range from £200 for the failure to wear a face covering to £10,000 for organised gatherings offences.

It is possible to tell from penalties that have not been paid and have then progressed through the system towards a prosecution, that a significant number of FPNs are incorrectly issued.

A Crown Prosecution Service review of prosecutions brought under coronavirus Regulations that reached open court in February 2021, found that 27 per cent were incorrectly charged. Many more penalties may have been paid by people too intimidated by the prospect of a criminal trial to risk contesting their FPN through a criminal prosecution.

The high rates of error and the disproportionate impact on different groups in society are concerning and the Committee suggests a more graduated approach and consideration of removing these convictions from criminal records.

With no adequate mechanism to seek a review of an FPN other than through a criminal prosecution, the risk that breaches of human rights will not be remedied is significantly increased. The Committee says the current review processes are not clear, consistent or transparent and calls on Government to introduce a means of challenging FPNs by way of administrative review or appeal.

Regulations related to coronavirus restrictions have changed at least 65 times since March 2020, providing obvious challenges for police. Far more must be done by Government and police to ensure officers understand the Regulations they are asked to enforce, says the report.

This is crucial to ensure there is no punishment without law (Article 7, ECHR) and no unjustified interference with an individual’s right to family and private live (Article 8, ECHR). The Committee calls on the National Police Chiefs Council to undertake a review to understand why police are issuing so many incorrect FPNs and to take steps to correct this.

However, in respect of offences relating to potentially infectious persons under the Coronavirus Act 2020, which hasn’t changed since March 2020, the Committee’s report says it is ‘astonishing’ that the Coronavirus Act is still being misunderstood and wrongly applied by police to such an extent that every single criminal charge brought under the Act has been brought incorrectly.

The Committee says there is no reason for such mistakes to continue.

The Chair of the Joint Committee on Human Rights, Harriet Harman MP, said: “Swift action to make restrictions effective is essential in the face of this terrible virus. But the Government needs to ensure that rules are clear, enforcement is fair and that mistakes in the system can be rectified. None of that is the case in respect of covid-19 Fixed Penalty Notices.

“The police have had a difficult job in policing the pandemic. We hope that their initial approach – to engage, explain and encourage before issuing fixed penalty notices will continue. However, since January there have been greater numbers of FPNs as police move more quickly to enforcement action, and because of a lack of legal clarity, likely greater numbers of incorrectly issued FPNs.

“This means we’ve got an unfair system with clear evidence that young people, those from certain ethnic minority backgrounds, men and the most socially deprived are most at risk.

“Whether people feel the FPN is deserved or not, those who can afford it are likely to pay a penalty to avoid criminality. Those who can’t afford to pay face a criminal record along with all the resulting consequences for their future development. The whole process disproportionately hits the less well-off and criminalises the poor over the better off.

“And once again, this Committee is calling on the Government to distinguish clearly between advice, guidance and the law. Fixed penalty notices were originally designed to deal with straightforward matters of law – easily understood by all involved. But our inquiry has demonstrated is that coronavirus Regulations are neither straightforward nor easily understood either by those who have to obey them or the police who have to enforce them.

“With fixed penalties of up to £10,000 awarded irrespective of the individual’s financial circumstances, there is much at stake. The Government needs to review the pandemic regulations and create new checks and balances to prevent errors and discrimination.”

The UK Government has robustly defended it’s stance and says it will continue to support police efforts to enforce legislation.