Over the long-term, average custodial sentence length has generally increased, particularly for adults and possession of blade and point offences. However, between year ending June 2019 and year ending June 2021 the average custodial sentence length for both possession of an article with a blade or point and possession of an offensive weapon decreased and became more similar; possession of blade or point offences from 7.3 months in year ending June 2019 to 7.1 months and possession of offensive weapon offences from 7.9 months to 7.1 months. In year ending June 2022 average custodial sentence length for possession of blade or point offences increased again to 7.4 months, the highest in the series; while average custodial sentence length for possession of offensive weapon offences increased, but only to 7.3 months, and remained lower than before the pandemic. Average custodial sentence length for threatening offences has remained broadly stable since year ending June 2021, but at 13.6 months this was the highest level since threatening offences were introduced in December 2012. Crown Court – Bladed articles and offensive weapons (possession and threats) – children and young people Susan was given no explanation or evidence as to how the suspect was identified and subsequently eliminated.

Following conclusion of the pilot, section 29 Offensive Weapons Act 2019 remains extant. It is a criminal offence to breach a KCPO, an either way offence which carries a maximum penalty of 2 years imprisonment. Two men who robbed 3 properties at knifepoint have had their sentences increased after the Solicitor General, Alex Chalk QC MP referred the case to the Court of Appeal.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 Data presented in this section corresponds with tables 7, 8 and 9 - repeat possession offences under Section 315 of the Sentencing Act 2020 which exclude cautions, both when considering an individual’s offence history and as an outcome. They were first published in the Q2 2021 edition of the bulletin as Tables 7a, 8a and 9a alongside the previous versions of those tables (7, 8 and 9) which included cautions and now replace them.) The average custodial sentence received by offenders sentenced under Section 315 of the Sentencing Act 2020 was 7.5 months in year ending June 2022. The available defences for being found in possession of an offensive weapon have been narrowly restricted by the courts. If found in possession of an offensive weapon which is classified in either of the first 2 categories, the prosecution are not required to prove the defendant was carrying the weapon with the intention to commit harm or injury.

Prosecutors should assist the court by drawing its attention to the SC guidance and reminding the court of the power to commit for sentence where the seriousness of the offence requires a custodial sentence of more than 6 months. Minimum sentences for those convicted of second or subsequent offence ('second strike') Complaints about our officers and investigations are taken extremely seriously and, when upheld, they are dealt with in line with the Independent Office for Police Conduct's Statutory guidance. Where a person uses an article offensively in a public place, the offensive use of the article is not conclusive of the question of whether he had it with him as an offensive weapon within section 1(1) PCA 1953. A person must knowingly have the item with them, with relevant considerations including the proximity between the person and the weapon, whether the weapon is immediately available to the person and the accessibility of the weapon. Having an article innocently will be converted into having the article guiltily if intent to use the article offensively is formed before the actual occasion to use violence has arisen. Once a person knowingly has an item with them, they continue to have it until they rid themselves of it. A person forgetting about an article does not negate them having it with them. Public placethat they had good reason or lawful authority for having the corrosive substance with them in a public place or that they had the corrosive substance with them for use at work. that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which 3rd party insurance is held. 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 Note: This guide is intended to give general information only and not intended to be used as the basis upon which advice is given nor should it be relied upon as giving advice specific to a case or individual. that he did not know or suspect, and had no reasonable grounds for suspecting, that the material amounted to an indication or suggestion that the knife was suitable for combat; or was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

A similar pattern can be seen in the number of offenders who have at least one previous knife or offensive weapon offence. A rise to year ending June 2019, a fall to year ending June 2020, followed by an increase in year ending June 2021 and fall in year ending June 2022. The number of such offenders in year ending June 2022 being higher than in year ending June 2020.Whether a retailer has signed up to either a local or national responsible retailer agreement, and any subsequent action taken as a result e.g. ongoing training, may be useful evidence in proving the presence or absence of due diligence. Underage test purchasing of knives In light of these differences, it is important to make clear what we mean by the term ‘knife crime’, and to clarify what we do and do not cover in this guide. If a defendant is silent when questioned and then raises a defence at trial, the prosecutor should seek to have the court draw an adverse inference from this silence. Legislation sets out the effects of the following: the defendant’s failure to mention facts when questioned or charged; the defendant’s silence at trial the defendant’s refusal or failure to account for objects, substances or marks; and the defendant’s refusal or failure to account for his or his presence at a particular place. Prosecutors should ensure each condition is satisfied before seeking these inferences. However, in appropriate cases they should be sought. Bad character The test considers how a reasonable person, in the victim's place, would interpret such a threat, and not whether the victim was objectively at risk of immediate physical harm. This test is not based on the victim's fear of suffering harm, as the reasonable person test removes the element of subjectivity on the part of the person that is threatened, The Act does not provide a statutory definition of "physical harm". These words therefore carry their normal meaning. 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.

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). Context Possession of certain dangerous knives - Section 1A Restriction of Offensive Weapons Act 1959- as inserted by section 44 of OWA. The NPCC and CPS have jointly produced a Practical Guidance document that sets out the shared approach. The data presented in this publication are provisional and updated in each publication. Figures provided for more recent quarters are subject to change in future publications as ongoing cases pass through the Criminal Justice System.

Advanced Features

that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.