header-logo header-logo

10 October 2019 / Alec Samuels
Issue: 7859 / Categories: Features , Criminal
printer mail-detail

Lethal weapon: knife crime & the law

He is charged with carrying a knife: Alec Samuels examines the related possibilities & outcomes
  • Are there any defences or mitigating circumstances that are available to someone that has been charged with carrying a knife?
  • The law is scattered over several different statutes and unconsolidated. When will we get a reformed modern code of criminal law, evidence and procedure, and sentencing?

If charged with carrying a knife or having a bladed article under the Prevention of Crime Act 1953, s 1; the Restriction of Offensive Weapons Act 1959; the Criminal Justice Act 1988, s 139; the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 SI 2019; and the Offensive Weapons Act 2019…is there any defence or mitigation?

The knife must be proved by the prosecution to be an offensive weapon, either per se or otherwise. The weapon is likely to be per se offensive if in reality there is no proper use likely or possible, eg the only use of a flick knife (defined in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
back-to-top-scroll