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. Where a weapons offence is accompanied by another offence e.g. assault or robbery, the weapons offence should normally be charged as well as the other offence.

Threatening with a bladed articles in a public place or on school or further education premises - Section 139AA 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. 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. 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 The NPCC and CPS have produced guidance on charging children and young people. This can be found here. This guidance explains the approach that should be taken in respect of 16 and 17 year olds as well as children under 16 years old.

You might also like

Investigators and Prosecutors should also be aware that the issues raised in ‘County Lines’ offending can apply to some knife crime- see the guidance on County Lines Offending. Applications to remand in custody Where details of a defence are given in interview, a defence statement or in any other way, the investigating officer and the prosecutor should consider what reasonable lines of inquiry arise from this to establish whether or not the defence is likely to be established. Adverse inferences 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.

This Practical Guidance document sets out the approach of the Police and the Crown Prosecution Service (CPS) to knife crime offending. The document will be updated periodically to reflect changes in legislation as well as changes in any guidance or policy introduced by the Police or CPS. This document is intended to aid the understanding of issues that may arise in connection with suspected knife crime offending. It is to be read alongside the relevant police and CPS guidance, including the CPS Legal Guidance on Offensive Weapons, Knives, Bladed and Pointed Articles, and supports HM Government’s Serious Violence Strategy (April 2018). ContextThe most likely gateway for admitting hearsay evidence in cases involving knives is if the witness will not give evidence due to fear. It does not matter whether the fear was brought about by or on behalf of the defendant and fear is given a wide definition which includes fear of the death or injury of another person or of financial loss. This includes fear as a consequence of the offence the subject of the trial. Intelligence around the knives should also be captured during an investigation: its type, material, brand or any identifying marks. Although this may not form part of the active investigation, the intelligence is invaluable and will allow the police to target enforcement and prevention work more effectively. Sale of Knives