In recent years, knife crime in major cities in England and Wales has increased significantly. This increase in crime has understandably led to public concern. This concern has influenced political debate and the way police forces attempt to tackle knife crime.
The law on knife crime is constantly evolving and adapting in response to both real and perceived threats and of course, public opinion. The phrase ‘knife crime’ can often be a politically charged term, used by politicians to conjure up public support for their policies. Often civil liberties are cast aside in pursuit of convictions. This short guide is intended will introduce the basic principles involved. Anyone charged with a knife related offence should seek specialist advice, which is available at Stephensons.
What is knife crime?
Knife crime is any crime involving a knife or sharp object. Such offences may be carrying a knife, owning a banned knife, trying to buy a banned knife, or trying to buy a banned knife if under the age of 18.
Specifically, common knife crime offences are listed below, along with the specific source of legislation:
- Having an offensive weapon in a public place – Section 1 Prevention of Crime Act 1953
- Threatening with an offensive weapon in public – Section 1A Prevention of Crime Act 1953
- Having a bladed or sharply pointed article in a public place – Section 139 Criminal Justice Act 1988
- Threatening with a bladed articles in a public place or on school or further education premises - Section 139AA Criminal Justice Act 1988
- Threatening with an offensive weapon etc in a private place – Section 52 – Offensive Weapons Act 2019
- Manufacturing, sell or hire, offer for sale or hire, expose or have in his possession for the purpose of sale or hire of or lending or giving to any other person certain specified weapons – Section 141 Criminal Justice Act 1988
- Possession of prohibited knives – S1A Restriction of Offensive Weapons Act 1959
Stop and search
Most people who carry knives or a bladed article, do so in a concealed way. This fact will inevitably mean the police will exercise stop and search powers towards people suspected of carrying knives.
The police do have the power to stop and search any person if they have reasonable grounds to suspect that person may be carrying something that is against the law or could be used to harm others. This can include an offensive weapon and a knife. An example or reasonable grounds are:
- A member of the public has reported that person carrying a knife or offensive weapon
- The person matches the description of who they are looking for
Some police forces have been heavily criticised in the way they apply their stop and search powers. Specifically, certain groups of people perceive the police as targeting them solely because they happen to be from that particular group. If you are or a family member are stopped and searched, it is important to make the police clarify the lawful purpose for the stop and search. You are also entitled to a copy of the record of the search.
The Offensive Weapons Act 2019
The Offensive Weapons Act 2019, introduced a range of provisions, including Knife Crime Prevention Orders (KCPOs) and legislative amendments designed to strengthen the response to knife crime.
Section 46 of The Offensive Weapons Act 2019 amended certain provisions to the Criminal Justice Act 1988. These amendments criminalised owning certain knives and or offensive weapons in a private place. A private place is defined as “A place other than a public place, school premises, further education premises, or a prison.”
Examples of some banned weapons are:
- a knuckleduster
- a swordstick
- a hand claw
- a belt buckle knife
- a zombie knife
- a push dagger
- a footclaw
- a butterfly knife
There are some very limited exemptions and the offence does not apply to antique weapons. The act defines antique weapons made at least 100 years before the date of the alleged offence.
Other exemptions are religious ceremonies or dress, museums and galleries and theatrical performances, production of films and production of television programmes.
Knife Crime Prevention Orders
Part 2 of the Offensive Weapons Act 2019, sections 14 to 33 deal with Knife Crime Prevention Orders (KCPO). The police can apply for KCPO to be imposed. That application is made to a Magistrates Court or Youth Court. No conviction for carrying a knife is required for any of the forms of the KCPO that can be made.
Section 19 allows for a KCPO to be made on conviction for a “relevant offence”. Relevant offence is defined by section 19(10) as an offence of violence (including threats of violence) where a knife was either used or carried. A court must be satisfied on the balance of probabilities that the order is necessary to protect the public. In addition, it must be shown that a person has on at least two occasions in the relevant period had a bladed article with them in a public place. For a person under 18, the youth offending team must be consulted prior to the making a KCPO.
A court can make an interim order without notice if it feels the order is necessary and in those circumstances the consultation requirements do not apply.
Terms of a KCPO may involve a curfew, a reporting requirement; and prohibiting the defendant from doing a list of things such as geographical restrictions, restricting who the defendant can associate with, prohibiting internet usage. KCPO’s have minimum duration of six months and a maximum of two years. Breaching a KCPO without reasonable excuse, is a criminal offence which carries a maximum sentence of two years custody.
The law on knives and offensive weapons is complex and ever changing. That fact can make it very difficult for an accused person to know where they stand in respect to their rights.
The relevant law is heavily politicised. Much of the legislation bears all the hallmarks of governments reacting to media pressure to deal with a perceived ‘knife crime crises.’ Arguably, the law is arbitrary and discriminatory in parts. With KCPO’s, the police and prosecution are not held to the same burden and standard of proof, designed to protect a suspect or defendant in the criminal justice system.
How can we help?
At Stephensons, we have specialist criminal defence lawyers who can help navigate you through the often-complex legal system. We will explain the law to you in simple terms and apply the law to the circumstances of your case. Our expert team have been awarded Legal 500 tier one ranking, the highest, for their criminal defence work for the ninth consecutive year. If you are facing a knife crime allegation, then call us today on 0161 696 6188.
Comments