header-logo header-logo

Lethal weapon: knife crime & the law

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll