Stanley Folding Pocket Knife 0 10 598

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Section 10 of the Act gives definitions for 'suitable for combat' and 'violent behaviour'. This will be a matter of fact for the court to determine but could include pictures or references to popular culture. Other charges may be more appropriate if the threat falls short of ‘serious physical harm’, for example common assault. Possible defences

Evidence of previous criminality may be relevant to a matter in issue between the parties, particularly if it casts an innocent explanation (advanced as “good reason”) in a different light or rebutting it entirely. Evidence showing that a defendant is a member of a gang involved in drug and gun crime is admissible to rebut a defence that guns and drugs found in, for example, the defendant’s home, were left there by others. This should be considered particularly in cases where a defendant raises a defence of “good reason” or claims that he did not in fact have the knives in his possession. See the legal guidance on Decision Making in Gang Related Offences for more information. 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: 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.When planning a joint operation, consideration must be given to the provisions of the Regulation of Investigatory Powers Act 2000 particularly with respect to covert surveillance. Trading Standards also need to ensure compliance with the Better Regulation Delivery Office (‘ BRDO') Code of Practice for Age Restricted Products and Services. Any joint operation should identify from the outset which agency will undertake any action arising from a sale of a knife to a young person. Many Local Authorities operate their own Responsible Retailer Agreements which can cover the sale of knives. In addition, the Home Office has produced a Voluntary Agreement on the sale of knives which some national retailers have signed up to. A new voluntary agreement on the storage of knives is also under consideration. 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. 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.

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. 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. Possession of certain dangerous knives - Section 1A Restriction of Offensive Weapons Act 1959- as inserted by section 44 of OWA. Depending on the offence, specific defences may be available to a person primarily being whether they can show that they had a good reason, reasonable excuse or lawful authority for having a knife with them. Other specific defences are included for some offences including but not limited to: for use at work, for religious reasons, for educational purposes or as part of a national costume. These defences are for the defendant to prove on the balance of probabilities, which means that merely providing an uncontradicted explanation is not necessarily sufficient.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 Place Threatening with a bladed articles in a public place or on school or further education premises - Section 139AA 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 is otherwise likely to stimulate or encourage violent behaviour involving the use of a knife as a weapon.

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 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.Section 47 of the 2019 legislation also introduced defences for a person charged with an offence under section 141(1) or (1A) of the Criminal Justice Act 1988 in respect of any conduct of the person relating to a curved sword, namely: Investigators and prosecutors should consider whether the language used is 'street language' that refers to violence or injury. This language varies between areas but can include terms such as; Possession of prohibited offensive weapons in private: Section 141(1A) as inserted by section 46 OWA.