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Knife crime to rank with murder and rape under new rules
Martin Bentham, Home Affairs Editor09.06.08
Juveniles who carry a knife unlawfully will be ranked alongside child murderers and rapists under new police rules.
The move will remove the leeway given to officers to let off offenders with a reprimand or warning.
The crime of carrying a bladed article will be placed in a category of "excluded offences" for which culprits are automatically charged. Other offences in this category include kidnap, arson, poisoning and causing death by dangerous driving. The change will form the centrepiece of the Government's response to pressure for tougher action against those who carry blades.
It follows concern, highlighted by the Evening Standard's Beat Knife Crime campaign, that 90 per cent of teenagers were being allowed to escape prosecution with a reprimand.
The main reason for this was official guidance attached to the Crime and Disorder Act 2000, introduced by Justice Secretary Jack Straw when he was home secretary.
This attached a "gravity weighting" to different offences, dictating how the police should proceed in each case. It meant officers were bound to issue a reprimand or warning to juvenile knife carriers unless there were aggravating circumstances, such as using the weapon to carry out a robbery.
The aim was to reduce the likelihood of juveniles being brought into the justice and prisons system, in case that led them into further criminality.
Now Gordon Brown has ordered a reversal of this approach after last week's Downing Street summit on knife crime with police chiefs, ministers and the Director of Public Prosecutions. As a result, the low weighting attached to carrying a knife will be removed, and the offence put on the list of those that must be prosecuted. The aim is to ensure all offenders are brought before the courts, so they can be punished effectively and action taken to address the causes of criminal behaviour.
At the same time, a tougher approach will be taken towards adults arrested for possessing an offensive weapon. Prosecutors have been given guidelines instructing them that there should be a "presumption" to charge - effectively telling them to prosecute.
An outright order to prosecute automatically would be illegal and subject to judicial challenge, as the Crown Prosecution Service has a legal requirement to exercise discretion in each case.
The new measures do not alter the defence available to both juveniles and adults, who can show they were carrying a blade for a lawful reason. This could include anglers found with a fishing knife, workers carrying their tools to a job or people returning from a shop with a new kitchen knife. It is only a crime to carry a blade "without lawful reason" and that is unchanged.
Reader views (5)
Here's a sample of the latest views published.
I believe it when I see it.
Yet more lies I suspect.
- Phil Davy, London
Juveniles carrying a weapon, is one thing but with all the police stations closing, who is going to arrest them before a crime is committed. Can the magistrates impose a sufficient deterrent sentence, with the prison population over flowing.
With the lax prison attitudes, will any good come of the deterrent?
Otherwise this is a standard political wishy washy talk to only look good.
- A.Winsley, London. England
Does this mean that Ray Mears is in big trouble?
- Mark, Liverpool
Charging them one thing, whether the courts will punish them is another thing.
- Dave, London
It is really frustrating how vague the law can be in this country. What does it mean that 'it is only a crime to carry a blade "without lawful reason"? Knives are useful working or general utility tools which many people may wish or need to carry. 'Lawful reason' is pretty ambiguous and can be subject to huge discretion, i.e. abusive interpretation. For example, if a person wishes to carry a Swiss army knife to go hiking or camping, would that be allowed? Also, what has happened to the part of the law which says that folding knives with blades three or under are exempt from ban" (so long if carried for 'lawful' purposes). Knives don't kill, young usually male thugs do. Thus, why should the majority of law-abiding citizens be victimised for a problem dominated mainly by young male thugs? The nanny state mentality of this country drives me mad sometimes!
- Gc, London, UK
