Government Launches Consultation Into New Knife Crime Laws

Knife possession and knife related crimes being reviewed as Government look to provide police with more powers.

The government is consulting on new legislative measures surrounding current knife crime laws to provide the police with more tools to disrupt knife possession and tackle knife-related crimes.

Why is this being reviewed now?

It has identified certain types of machetes and large outdoor knives that do not seem to have a practical use and appear to be designed to look menacing and be favoured by those who want to use these knives as weapons.

Considerations for the new knife crime laws

One proposal is to include them in the list of prohibited offensive weapons set out in the schedule to The Criminal Justice Act 1988 (Offensive Weapons) Order 1988. Weapons listed in this schedule are prohibited under s141 of the Criminal Justice Act 1988.

This would mean that the manufacture, importation, sale and supply of these items would be an offence.

Possession, both in public and in private, would also be an offence, unless a defence applies.

The government is inviting views on the finer details of the description of the items they intend to ban.

Seizure, retention and destruction of knifes

Government is also consulting on whether to provide the police with additional powers to enable them to seize, retain and destroy bladed articles of any length held in private, or whether the powers should be limited to articles of a certain length, even if the items themselves are not prohibited.

The government argues that it is a proportionate response for the police, where they are in private property lawfully, to seize, retain and eventually destroy bladed articles if they have good reason to believe they will be used in crime.

Selling of knives to under 18s

In addition, they are consulting on whether there is a need for the government to toughen the current penalties for selling prohibited offensive weapons and selling bladed articles to persons under 18, and on whether the Criminal Justice System should treat carrying in public prohibited knives and offensive weapons more seriously to better reflect the severity of the offences.

Other considerations

Finally, they are consulting on whether it would be appropriate to mirror firearms legislation and introduce a separate possession offence of knives and offensive weapons with intent to injure or cause fear of violence.

This would carry a maximum penalty higher than the current offence of possession of an offensive weapon in public under s1 of the Prevention of Crime Act 1953 (the PCA).

How We Can Help

If you have any questions relating to knife-related crimes about a case coming up or genuine concerns about the above considerations then feel free to get in touch by calling us on 0161 477 1121 or email us.