STANLEY 0-10-825 FATMAX Retractable Folding Knife, Yellow/Silver

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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. 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 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 details of a defence are given in interview, a defence statement or in any other way, the investigating officer and the prosecutor should consider what reasonable lines of inquiry arise from this to establish whether or not the defence is likely to be established. Adverse inferences 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.

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. 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- 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 Work is currently being undertaken by the NPCC to develop guidance for schools about knife crime. Further details of this will be included in future updates of this document.

Conclusion

Police and prosecutors should ensure that the court has sufficient information about the impact of knife crime offending at the sentencing hearing. Guidance on Victim Personal Statements can be found here. Guidance on Community Impact Statements can be found here.

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: 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- Intelligence around the knives should also be captured during an investigation: its type, material, brand or any identifying marks. Although this may not form part of the active investigation, the intelligence is invaluable and will allow the police to target enforcement and prevention work more effectively. Sale of Knives 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. Physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.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. 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 Minimum sentences for 'second strike' offences of possession of knives or offensive weapons came into force on 17 July 2015. The OWA has extended this to cover possession of corrosive substances. 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 Threatening with a bladed articles in a public place or on school or further education premises - Section 139AA