Stanley Folding Pocket Knife 0 10 598

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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 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;

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

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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.

Unauthorised possession of knives and other offensive weapons in prisons – section 40CA Prison Act 1952 as added by section 78 Serious Crime Act 2015. 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. 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. 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- Possession of prohibited offensive weapons in private: Section 141(1A) as inserted by section 46 OWA.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 It does not matter what age the offender was at the commission of the first relevant offence, but they must be at least 16 years at the commission of the second offence for a minimum sentence to be imposed. 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. This document is intended to aid the understanding of issues that may arise in connection with suspected knife crime offending. It is to be read alongside the relevant police and CPS guidance, including the CPS Legal Guidance on Offensive Weapons, Knives, Bladed and Pointed Articles, and supports HM Government’s Serious Violence Strategy (April 2018). Context Physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.