KNIFE CRIME AWARENESS WEEK 15th May - 21st May 2023
Selling, buying and carrying knives and weapons:
Knife crime includes carrying a knife or trying to buy one under 18. Threatening someone with a knife, carrying a knife that is banned, and a murder where the victim has been stabbed with a knife. The maximum penalty for an adult carrying a knife or weapon illegally is either 4 years in prison, an unlimited fine or both. It is also illegal to carry knives in public without a good reason.
Reasons for carrying a knife in public:
Good reasoning to have a knife in public is for work purposes, for religious reasons (kirpan some Sikhs carry), and part of a national costume. UK knife law allows you to carry a non-locking pocket knives with a blade length up to 3 inches without any need for a valid reason.
Prevention of Crime Act 1953:
Section 1: It is illegal to have an offensive weapon in a public place.
Section 1A: It is illegal to threaten with an offensive weapon in public.
A person must knowingly have the item with them, with relevant considerations including proximity between the person and the weapon. Whether the weapon is immediately available to the person and accessibility of the weapon.
Criminal Justice Act 1988:
Section 139: Having a bladed or sharply pointed article in a public place
Section 139(A): Having a bladed or sharply pointed article on school or further education premises
Section 139(A)(A): Threatening with a bladed articles in a public place or on school or further education premises
Section 141: Manufacture (sale or hire) or offer for sale or hire, expose or have in their possession for the purpose of 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(1)(A): Possession of prohibited offensive weapons in private
Offensive Weapons Act 2019:
Section 52: Threatening with an offensive weapon in a private place
Section 38: Delivery of bladed products to residential premises
Section 39: Delivery of bladed products to persons under 18
An article which is bladed or sharply pointed: The article does not have to be sharp, with no cutting edge and no point is a bladed article. Folding pocketknife means immediately foldable, pressing it into place. A folding pocket knife less than three inches will be an offensive weapon if carried with requisite intent.
Offensive weapon:
Weapon made for causing injury to a person. Flick-knives, belt buckle knife, push dagger. Weapons manufactured for an innocent purpose (razor or penknife).
A weapon not made for the purpose but adapted for it. Objects with a razor blaze or deliberately broken bottle.
Weapon neither made for adaption of injury but intended by the person to be used to injure. Person carrying an object which they would injury another is not necessarily evidence of intent. A person may lawfully carry a penknife and use it to injure another but is not an offensive weapon.
Public place: Any highway and other premises or place to which at the material time the public have or permitted to have access.
Marketing of knives:
Section 1 Knives Act 1997: creates an offence of unlawful marketing of knives. indicates or suggests it is suitable for combat, and is likely to stimulate or encourage violent behaviour.
Section 2 Knives Act 1997: creates an offence for publication of unlawful marketing. A person is guilty if they publish any written, pictorial or material in connection with marketing knives. It is suitable for combat or likely to stimulate violent behaviour.
Both offences carry a maximum of two years imprisonment on indictment. Offences apply to all forms of marketing, including online and social media.
R V STC Ltd 2021 EWCA Crim 1237: court ruled that offences could be committed if the relevant marketing material contained any suggestion of knife was suitable for hurting anyone to any extent. Threshold intended to restrict the ability of sellers to market weapons. Wide terms used made it clear that the court was entitled to look at the whole context and content of marketing exercise suggesting the knife was suitable for combat.
Defences by defendant:
Specific defences may be available to a person whether they can show a reasonable excuse or lawful authority for having a knife. Defendant has to prove upon the balance of probabilities, merely providing an uncontradicted explanation is not sufficient.
Section 141(1)(A) an offence of possession of an offensive weapon, not limited to functions carried out on behalf of the Crown or visiting forces. Section 47 of the Offensive Weapons Act introduced defences: the persons conduct was for the purpose of making the sword for religious ceremony, allegation giving a curved sword to another person, charged with an offence. Jury will determine the facts and circumstances presented. Self-defence can amount to a good reason, if the attack was imminent and weapon carried for personal defence.
Adverse inferences:
If a defendant is silent when questioned then raises a defence at trial, the prosecutor can seek to have the court to draw upon adverse inference. The defendant's failure to mention facts when questioned or charged, defendant silence at trial refusal or failure to take account for objects, and the defendant refusal or failure to account for presence at a particular place. The prosecutor has to ensure each condition is satisfied before seeking these inferences.
Prosecution charges: Code for Crown Prosecutors
EVIDENTIAL STAGE: Is there sufficient evidence for a realistic prospect of conviction? Evidence must be able to be used in court, reliable and credible, and no other material may affect sufficiency of evidence.
PUBLIC INTEREST STAGE: Is a prosecution required in the public interest? A prosecution follow unless there are public interest factors tending against a prosecution. Compelling public interest in prosecution of adults for offences involving weapons.
Safeguarding witnesses:
The Youth Justice and Criminal Evidence Act 1999 introduced special measures to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. Special measures are designed to help witnesses give their best evidence in court. Child witnesses under the age of 18 will automatically be eligible for Special measures by virtue of Section 16. Special measures include: screens, live links, evidence given in private, removal of wigs and gowns by barristers and judge in the Crown Court.
Street language: cheffed - cheffing - wet - dip - cutter - shank - rambo - shiv
Until the next Legal Thought,
Elicia Maxwell
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