Police forces should produce a Knife Crime Impact Statement to assist the court in understanding the effects of knife crime in their force area. Mandatory minimum sentences Physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. Police and prosecutors should ensure that the court has sufficient information about the impact of knife crime offending at the sentencing hearing. Guidance on Victim Personal Statements can be found here. Guidance on Community Impact Statements can be found here.

Evidential stage: Is there sufficient evidence for a realistic prospect of conviction? The evidence must be able to be used in court, reliable and credible, and there is no other material that might affect the sufficiency of evidence. If there is sufficient evidence, go on to consider: 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. 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 School premises is defined as land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996. The OLFA LA-X stands apart from the competition on account of its long blade (3.25") that is scored to allow the top section to be broken off to expose a sharper tip section. The blade's length offers a real advantage when cutting along a feature such as a straight edge or in a slot. Conversely, when precision work is required, simply retract the blade to its shortest setting to increase rigidity. Moreover, the handle's rubber inlay combined with the flaring shape enhances the grip and, thus, the cutting control.A place other than (a) a public place, (b) a place which is part of school premises, or (c) a place which is part of further education premises. This includes a dwelling for the purposes of section 52 OWA- threatening in a private place.

The person’s conduct was for the purpose only of making the sword available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event. Police officers should ensure that any requirement for special measures is noted on the reverse of the witness’s MG11 and any specific grounds are explained in the body of the statement. A completed MG2 should be included with the file to the CPS, setting out which special measures are sought by a victim or witness and the grounds. See section 142 Criminal Justice Act 1988. Responsible Retailer Agreements / HO voluntary agreement 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 PlacePossession of certain dangerous knives - Section 1A Restriction of Offensive Weapons Act 1959- as inserted by section 44 of OWA. Unwanted Food or Drink Products - Once supply conditions are broken, there are a number of factors outside of our control that can affect the quality of a product. Therefore perishable goods such as food and drink cannot be returned. A weapon not made for that purpose but adapted for it e.g. objects with a razor blade inserted or mounted into them or a deliberately broken bottle. The test for threatening with a weapon in a private place is higher than for threatening in a public place. The prosecution must prove that while A is in a private place, A unlawfully and intentionally threatens another person (“B”) with an article or substance as above, and A does so in such a way that there is an immediate risk of serious physical harm to B.

More information can be found in the legal guidance on Bad Character Evidence. The decision to charge All decisions to charge must be taken in accordance with the Code for Crown Prosecutors and the Director’s Guidance on Charging 6 th Edition. This has 2 stages: 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 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. Possession of prohibited offensive weapons in private: Section 141(1A) as inserted by section 46 OWA.Threatening with a bladed articles in a public place or on school or further education premises - Section 139AA Section 2 creates an offence of publication of unlawful marketing material, a person is guilty of an offence if they publish any written, pictorial or other material in connection with the marketing of a knife and that material- Witnesses (including police officers) to offences under the 1953 legislation and s139, s139A and s139AA of the 1988 legislation are eligible for special measures by virtue of section 17(5) and Schedule 1A YJCEA. There is no need to prove the witness is vulnerable or intimidated nor is there a need to demonstrate that the measure is required so that the witness gives their best evidence.

For offences committed before 28 June 2022, the judge must impose the minimum sentence unless the court is of the opinion that there are “particular circumstances” which relate to the offence, the previous offence(s), or the offender which would make it unjust in all circumstances.

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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 The Youth Justice and Criminal Evidence Act 1999 (YJCEA) introduced a range of special measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. Special measures are designed to help vulnerable and intimidated witnesses to give their best evidence in court and help to relieve some of the stress associated with giving evidence. Child witnesses under the age of 18 will automatically be eligible for Special measures by virtue of section 16 of the YJCEA. Special measures include: screens, live link, evidence given in private, removal of wigs and gowns by barristers and judge in the Crown Court, video recorded evidence, use of an intermediary and aids to communication. 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 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. The 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.