is otherwise likely to stimulate or encourage violent behaviour involving the use of a knife as a weapon. 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. 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.

Possession of prohibited offensive weapons in private: Section 141(1A) as inserted by section 46 OWA. Publications Relating to Knives – section 2(1) Knives Act 1997. This offence is aimed at the publishers of advertisements rather than those who are involved in the sale and marketing of knives. 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.Prosecutors should be prepared to make submissions on whether there are particular or exceptional circumstances which would make the imposition of the minimum sentence unjust. Any court decision on whether the minimum term should be imposed must be clearly endorsed on the CPS record. 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

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. 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. Section 141(1A) of the 1988 legislation as inserted by section 46 of the 2019 legislation prohibits the possession in private or public of certain offensive weapons – the schedule of weapons can be found here. Note cyclone knives are included. Investigators and Prosecutors should also be aware that the issues raised in ‘County Lines’ offending can apply to some knife crime- see the guidance on County Lines Offending. Applications to remand in custody Possession of certain dangerous knives - Section 1A Restriction of Offensive Weapons Act 1959- as inserted by section 44 of OWA.

Further Reading

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.