Other charges may be more appropriate if the threat falls short of ‘serious physical harm’, for example common assault. Possible defences that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Prosecutors should be alert to the possibility of gang offending in a wide range of cases, including those involving offensive weapons, knives, bladed or pointed articles [and corrosive substances]. Prosecutors should refer to the Decision making in Gang Related Offences guidance. The NPCC and CPS have jointly produced a Practical Guidance document that sets out the shared approach. 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.

Manufacture, sale or hire, or offer for 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.For 16- and 17-year olds, in year ending June 2022 32% of offenders sentenced under Section 315 of the Sentencing Act 2020 received an immediate custodial sentence.The proportion of 16-17-year-old offenders dealt with under the legislation receiving an immediate custodial sentence fell from 46% in year ending June 2020 to 33% in year ending June 2021 but was broadly stable over the past year. By contrast, the proportion of 16- and 17-year olds receiving a community sentence increased from 43% in year ending June 2020 to 58% in both year ending June 2021 and year ending June 2022. Please note, however, that for this age group a discount for an early guilty plea will lead to a non-custodial sentence as 4 months is the minimum period of custody given to under 18s. Public Interest stage: Is a prosecution required in the public interest? A prosecution will usually follow unless there are public interest factors tending against a prosecution which outweigh those in favour. There is a compelling public interest in the prosecution of adults for offences involving weapons. Cautions The Prosecution, either at its own initiative or following a request from the police, can make an application to the Court in respect of a defendant aged 18 or over who has been convicted of a relevant offence. 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.

Following the commencement of Section 28 of the Criminal Justice and Courts Act 2015 (CJCA), a court must impose a minimum custodial sentence on an offender who has been convicted of a second or subsequent offence involving possession of a knife or offensive weapon. The court must impose the minimum sentence unless it would not be in the interest of justice to do so. As well as the public interest issues raised in paragraph 4.9 onwards of the Code, prosecutors dealing with children and young people should also consider the following: Note that “knife” means an instrument which has a blade or is sharply pointed; “marketing” and related expressions are to be read with section 1(4); “publication” includes a publication in electronic form and, in the case of a publication which is, or may be, produced from electronic data, any medium on which the data are stored; “suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury; “violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury. Offences in Prisons Prohibition of possession by people in a prison of any article which has a blade or is sharply pointed, or other offensive weapon, in prison without authorisation: section 40CA of the Prison Act 1952For 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. There is a table of offences attached to this guidance which sets out the legislation, elements and defences. Possession offences for Offensive Weapons, Knives, Blades and Corrosive Substances

There is a strong public interest in deterring the carrying and use of offensive weapons, knives, blades and corrosive substances. 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-Section 1 of the Knives Act 1997 creates an offence of unlawful marketing of knives, which is committed if a person markets a knife in a way which- Section 139 of the Criminal Justice Act 1988 prohibits the possession of any bladed article in a public place. Section 139AA of this Act relates to an aggravated version of this offence of threatening with an article with a blade, a point or an offensive weapon. What is the Prevention of Crime Act 1953? 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: 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.

Today, GMP say there is no record of an arrest of a suspect and therefore 'it is unknown if anyone was ever interviewed'. This is unchanged since year ending June 2021 but was 0.3 months lower than in year ending June 2019, the last whole 12-month period before the pandemic. that the weapon was made before 1954 or was made at any other time according to traditional methods of making swords by hand.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. 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.