Stanley Folding Pocket Knife 0 10 598

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For a minimum sentence to apply to a 'second strike' possession offence, the sequence must be conviction (guilty plea or finding of guilt) for the first relevant offence and then commission of the second “index offence” after 17 July 2015. Minimum sentences will not apply if the second offence was committed whilst the offender was on bail awaiting trial for the first offence. Relevant offences for both the index offence and previous convictions are set out in section 315 Sentencing Act 2020. Work is currently being undertaken by the NPCC to develop guidance for schools about knife crime. Further details of this will be included in future updates of this document.

Threatening with a bladed articles in a public place or on school or further education premises - Section 139AA

Further Reading

Section 10 of the Act gives definitions for 'suitable for combat' and 'violent behaviour'. This will be a matter of fact for the court to determine but could include pictures or references to popular culture.

is otherwise likely to stimulate or encourage violent behaviour involving the use of a knife as a weapon. Offences under both the 1953 legislation and the 1988 legislation come within “ Specified Either way Offences” for the purposes of issuing a simple caution – see "Simple cautions: guidance for police and prosecutors" Youths Investigators and prosecutors should consider whether the language used is 'street language' that refers to violence or injury. This language varies between areas but can include terms such as; It does not matter what age the offender was at the commission of the first relevant offence, but they must be at least 16 years at the commission of the second offence for a minimum sentence to be imposed.A place other than (a) a public place, (b) a place which is part of school premises, or (c) a place which is part of further education premises. This includes a dwelling for the purposes of section 52 OWA- threatening in a private place. For a person charged with an offence under section 141(1A) of the Criminal Justice Act 1988 of possession of a curved sword in private to show that a)the person was a Sikh at the time the offence is alleged to have been committed and possessed the sword for the purpose only of presenting it to another person at a religious ceremony or other ceremonial event, or (b)the sword was presented to the person by a Sikh at a religious ceremony or other ceremonial event. Publications Relating to Knives – section 2(1) Knives Act 1997. This offence is aimed at the publishers of advertisements rather than those who are involved in the sale and marketing of knives. Physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. Evidential stage: Is there sufficient evidence for a realistic prospect of conviction? The evidence must be able to be used in court, reliable and credible, and there is no other material that might affect the sufficiency of evidence. If there is sufficient evidence, go on to consider:

Manufacture, sale or hire, or offer for sale or hire, expose or have in their possession for the purpose of sale or hire, or lending or giving an offensive weapon to any other person – Section 141.

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Police forces should produce a Knife Crime Impact Statement to assist the court in understanding the effects of knife crime in their force area. Mandatory minimum sentences

Further education premises is defined as land used solely for the purposes of (i)an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010), excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy. Private Place Witnesses (including police officers) to offences under the 1953 legislation and s139, s139A and s139AA of the 1988 legislation are eligible for special measures by virtue of section 17(5) and Schedule 1A YJCEA. There is no need to prove the witness is vulnerable or intimidated nor is there a need to demonstrate that the measure is required so that the witness gives their best evidence. Section 141(1A) of the 1988 legislation as inserted by section 46 of the 2019 legislation prohibits the possession in private or public of certain offensive weapons – the schedule of weapons can be found here. Note cyclone knives are included. A weapon not made for that purpose but adapted for it e.g. objects with a razor blade inserted or mounted into them or a deliberately broken bottle.Police officers should ensure that any requirement for special measures is noted on the reverse of the witness’s MG11 and any specific grounds are explained in the body of the statement. A completed MG2 should be included with the file to the CPS, setting out which special measures are sought by a victim or witness and the grounds. Evidence of previous criminality may be relevant to a matter in issue between the parties, particularly if it casts an innocent explanation (advanced as “good reason”) in a different light or rebutting it entirely. Evidence showing that a defendant is a member of a gang involved in drug and gun crime is admissible to rebut a defence that guns and drugs found in, for example, the defendant’s home, were left there by others. This should be considered particularly in cases where a defendant raises a defence of “good reason” or claims that he did not in fact have the knives in his possession. See the legal guidance on Decision Making in Gang Related Offences for more information.