Stanley Folding Pocket Knife 0 10 598

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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 Publications Relating to Knives – section 2(1) Knives Act 1997. This offence is aimed at the publishers of advertisements rather than those who are involved in the sale and marketing of knives. 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.

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.The person’s conduct was for the purpose only of making the sword available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event. 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.

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. 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.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. Manufacture, sale or hire, or offer for sale or hire, expose or have in their possession for the purpose of sale or hire, or lending or giving an offensive weapon to any other person – Section 141. Other charges may be more appropriate if the threat falls short of ‘serious physical harm’, for example common assault. Possible defences

Police forces should produce a Knife Crime Impact Statement to assist the court in understanding the effects of knife crime in their force area. Mandatory minimum sentences is otherwise likely to stimulate or encourage violent behaviour involving the use of a knife as a weapon.See section 142 Criminal Justice Act 1988. Responsible Retailer Agreements / HO voluntary agreement