UK Criminal Law: Knife Crime Legislation, Justice, and Punishment

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This report provides an overview of the legal framework concerning knife crime in the United Kingdom. It begins by discussing the Offensive Weapon Act of 2019 and its implications, including Prevention Orders for Knife Crime and the role of tribunals in limiting the transportation of sharp instruments. It then delves into various legislations, such as the Prevention of Crime Act 1953, the Criminal Justice Act 1988, and the Legal Aid Sentencing and Punishment of Offenders Act 2012, outlining offenses related to carrying offensive weapons and their associated punishments. The report also addresses the manufacturing, sale, and lending of offensive weapons, as well as restrictions on crossbows. Furthermore, the report argues that the criminal justice system within the UK still requires development in regards to tackling knife crime amongst young people and that sentencing and punishment have been ineffective in reducing the prevalence of knife crime amongst young people. This document is available on Desklib, a platform offering a wide range of study tools and resources for students.
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Criminal Law
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Table of Contents
Introduction..........................................................................................................................................2
Main Body............................................................................................................................................2
Chapter 1..........................................................................................................................................2
Chapter 3..........................................................................................................................................4
Chapter 4..........................................................................................................................................6
Conclusion .........................................................................................................................................10
References .........................................................................................................................................11
Introduction
Criminal law is a structure which regulates the criminal activities in the country so as to ensure the
punishment of the criminals and acquittal of the innocent people. It provides with certain principles
and acts as an instrument to bring the crime suspects to justice by conducting fair trial procedure so
that the guilty must be penalised and the guiltless got an exemption from any punishment. Basically
it renders the obligation on every citizen not to perform any illegal act(Bailey,Harinam,and
Ariel,2020). It also describes the procedure of investigation, inquiry, criminal trial and sentencing.
There is a wide range of criminal offences, like, murder, theft, kidnapping, sexual offences, etc. One
of the offence which is prevailing among the young population of the United Kingdom is Knife
Crime. It is a crime which includes knife as a weapon to rob or perform a dacoity by threatening the
other person or the victim.
There are legislations which govern the offences done related to knife crime such as the Prevention
of Crime Act 1953, offensive Weapon Act 2019, etc. This report will include the ways adopted by
the UK government to tackle the knife crimes dominating the life of the young people in the
country. Further, the report will also discuss about the legal framework adopted to control this
particular crime.
Main Body
Chapter 1
The enforcement of legislation Offensive Weapon Act of 2019 introduces certain guidelines
by issuing Prevention Orders of Knife Crime diverting individuals and providing engagement in
such criminal act for which tribunals played significant role in limiting their transportation. This
prohibition was effected as these equipments contained sharp tools which has been remarked
increasing sale in market in year 2013 where the law of anti personnel artillery was inserted during
the year 2018 when dealing and business transaction regarding abuse of guns and destructive
product which involves provision to handle such offences(Gilbert and Sinclair,2019). In the context
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of this law Act was enacted initiating Prevention Orders related to Knife Crime which is recent
regulation enforced which is premeditated for diverting individuals for not engaging in firearm or
knife crime related violent actions. The investigating officer has authority to command people for
carrying work which includes minor up to or more than age of 12. It conducts in trafficking of
knife and other sharp weapons which can result as risk inclusion in grave and heinous offence. Due
to emergence of pandemic there was a major delay where fourteen month time lag pilot of the
regulation was halfway and was primarily lead by Metropolitan Services Police Official where
airman shall evaluate prior to order has been issued concerning if the investigating officer holds
complete liability in such offences or not.
The significances of tribunals regarding its legal framework applies to police official implication
with regard to their application in court for enforcing their decision in Magistrate division. The
reasoning behind this that where it is believed that any individual has possession of sharp
instruments in such instance tribunals can enforce decision to safeguard the people generally or any
specific individual from the injury or damage and prohibit the alleged from involving in criminal
act which includes firearm or other such tools. In alternative circumstances, the application of
defense effecting a decision which is implemented in Crown bench and Magistrate tribunals where
person is above age bar of 12 years being condemned for crime which involves violent actions by
using or having possession of balded articles as stated in Section 14 of rules laid down by court.
This ruling of court can comprises deadline or prohibiting other individuals from usage of social
platforms to travel externally in specific region, it also bans in order to carry such instruments like
knife, guns, arms etc. There is obligation on court for imposition of rules relating to affirmative
participation in various areas like educational classes,sports associations recommendation,
relationship guidance, temper management, mentor and drug vindication. The order of regulation to
conduct its task attaining success which results to be requisite for the tribunals willing to play
fundamental role for providing justice and fairness. Thus, association of crime branch essentially
has crucial part under such situations(Griffiths, 2020).
The establishment of regulatory body governed by Domestic Office along with other judicial
members, police force and MoJ Adult Fairness Partners. The organization promptly became
comfortable with their equivalents, stage of inquiry, uncovering and formulation reached
midway(Harding,2020). The prime element of professionals expertise in tribunals had significant
function regarding endeavour to statute policies through usage of skills to carry work and
understand functioning of courts and their procedures for making it certain that essential of tribunal
were comprehended and considered. It also directs to prepare court to conduct their work in
accordance with consensus or will to implement task and address varied and distinctive objections
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conferred by command which involves civil and criminal aspects of criminal tribunals.
The majority of their function captures and develops in order to provide support and suggest their
members concerning procedural blueprint laid down to lessen the complication of laws and aids for
comprehending and raise their confidence for navigating the rules laid down in KCPO management
and operation.
In the jurisdictional territories of United Kingdom the prevalence of knife crime especially in areas
of England and Wales as reported by National Statistics Office in the year 2019 publishes poor and
pessimal graph showing in ONS 2019. It has presented in article about forfeiture of belief arising
from specific legal regulation. There is possibility regarding admission which has been introduced
to fight issue related with societal concern of prime and bona fide nature. The association further
reports graph of 2019 showing existence of varied classes of crime which involves blading objects
and item having risk and danger to other person interest records number of cases reaching by
approx 45,627 which reports estimate 7% hike in last year the percentage and went above 49% in
2011 when their data was compared and analysed(Haylock, et.al., 2020.).
The governmental authorities,police force,NGOs,activist and institutions are integrated to recognize
and handle consistent increase in crime related to engagement of sharp objects. The performer of
civil welfare for instance Standing Council of Youth Justice welcomes allegiance laid down by
authorities implementing measures to curb knife crime expressing their dissatisfaction I relation of
their feedback was unable to constitute approach of public health. The Parliamentary discussion laid
down on laws regarding Offensive Weapons Bill acknowledges particularly significance of hostile
national well-being approaches with respect to knife crime.
Even after receiving objections from the side of activist and non profit institutions over their
formation and conceptualisation of regulatory body KCPO facing difficulty of knife crime which in
general welcomes their establishment by investigating officer. It has been interpreted by authorities
affirming initiation towards comprehension for diverting police officer to carry bladed weapons or
articles which prevails risk or peril drawing grave violent actions in absence of facing any adversity
with regards to their livelihood. The addition of authorities which is delivered to investigating
officials for encouraging internally for its establishment and functions carried under it. The
Parliamentary members working on direction of State Secretary of Home Ministry elaborates
importance and legality of Bill.
Chapter 3
There are various legislations which are being introduced regarding the knife crimes in the UK.
Section 1of the Prevention of Crime Act 1953 and Section 139 of the Criminal Justice Act 1988
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states that no person should carry any offensive weapon in a public area without any legal
authorization or a reasonable purpose. Furthermore, it also provides that the offensive weapon
which includes blade or sharp pointed artillery must be used to cause any injury to the other person.
Section 142 of the Legal Aid sentencing and Punishment of Offenders Act 2012, also states the
same explanation given under the aforesaid section. Section 139 A of the Criminal Justice Act 1988,
talks about the use of the above mentioned articles on any school site as it would be considered as
an offence if any person is caught while having any sharp pointed article in its possession. The use
of pocketknife in any public place is exempted from the effect of section 139 and 139A. It is a point
of defence that whosoever is caught with any offensive weapon must prove the reason behind
carrying that particular weapon with them in the public area. Like- for work purposes, religious
concern and national security. For section 139A the person having that article must provide with a
good reason to carry the same in the school premises. For e.g.- some educational purpose. In the
case of Booker vs. DPP, it was held by the court that butter knife without the cutting sides will be
considered as a bladed artillery. Similarly, in the case of R vs. Davis 1998, the court stated that
screwdriver is not an offensive weapon. There was another case law related to the above
categorization, R vs. Deegan1998, court contented that the lock knife will not be covered under the
category of the folding pocket knife because it does not folds instantly every time. From the above
observations, it is clear that if an article is not pointed or have blades on its edge then also it will be
categorized in the list of the offensive weapon if the article is used to cause an injury to the other
person. The punishment for the crime committed under the above discussed sections is
imprisonment of four years or fine or both(Nichols-Drew, 2018).
Section 1 of the Restriction of Offensive Weapons Act 1959,talks about the manufacturing and
sale or lending of the offensive weapons. It states that any person who is indulged in the
manufacturing, import and sale or lending of any of the offensive artillery will be considered as an
offender under this section. It will cover every weapons comes under the definition of offensive
weapons with flicking knife and gravity knife. In the furtherance of this section, section 141 of the
Criminal Justice Act 1988, states that it will be considered as an offence if any person is
manufacturing, importing, selling or lending any article comes under the category specified
weapon. The Criminal Justice Act (Offensive Weapons) Order 1988 after the amendment of 2019
provides the list of the specified weapons in consideration of section 141(Roberts,2021). If any
weapon falls under the category of specified weapons is antique then it will be exempted from the
restriction imposed in section 141. The defences available to the person who is an offender under
section 141 of the 1988 act and section 50(2) and (3) of the Customs and Excise Management Act
1979 are that the person must give a reasonable excuse that the act done by them was for the
fulfilment of the functions on behalf of the Crown, the weapon is for the display in the museum or a
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public gallery, for the use in certain drama performances, for making a particular movie and
telefilms or programs.
The Crossbows Act 1987, restricts the sale and purchase of the crossbows to and from the
individuals who are under 18 years of age. In addition to it, it is prohibited for the person under the
age of 18 years to posses the crossbows which fires a missile from its front point until and unless
the person is in the supervision of an adult who is 21 or above. The penalty imposed for the selling
and hiring a crossbow is imprisonment of six months or fine or both. And if any person who is
under 18 years of age having the possession of any of the offensive articles then the punishment for
the same will be imposing a pecuniary penalty on the purchaser.
If any person sell or hire any offensive weapon which includes knife, blade, razor, axe, sword or
any other artillery made with sharp blade or ends, to another individual who is under the age of 18
years then it would be considered as a crime under section 141A of the Criminal Justice Act 1988.
The above mentioned act will not be considered as a crime if the articles with sharp blades and
points are sold for the purpose of domestic use. The minimum age decided for the same is above 16
years.
The aforesaid section will not be applicable to any artillery comes under section 141 of the Criminal
Justice Act 1988, any weapon which is covered in section 1 of the Restriction of Offensive Weapons
Act 1959, a foldable pocket knife(with cutting blade of 3 inches), blades capsulated in a cartridge.
The point of defence which could be established in this section is that the offender could not make
out the age of the purchaser or the hirer as the seller convinced by the appearance that the latter was
of or above 18 years of age or the seller took the reasonable steps to make out the right age of the
purchaser or hirer.
The Knives Act 1997, it stipulates prohibition on the illegal marketing of knives which promote
restriction on the violent behaviour of the offenders of knife crime. The punishment under this
section is imprisonment for six months or fine or both. Section 60 of the Criminal Justice and Order
Act 1994 was replaced by the Knives act which also authorise the police authority to carry a search
of the offensive weapon in any area which is required to be inspected(Malik, et.al, 2020).
Chapter 4
The significance of knife generally analyses its extension on younger generation in major
circumstances involving in such criminal and violent activities. The reason behind this steps taken
by minors is due to fright and inclination to safeguard itself(Skarlatidou, et.al, 2021). The
insecurities within them selves are prevalent in young adults and can be most commonly seen in the
society they reside caused by certain apprehension and threat to their life which is embedded and
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deeply rooted in reality and perseverance of their thoughts. There are various factors which shows
instances lying of emergences resulting in danger to their security being incommensurate which are
faced by them on daily basis. There are many individuals facing sense of fear at high level which
results in keeping and possessing knife and other sharp weapons as per the reports stated by media
regarding it. It has been seen that fright can lead to such feeling countered by minors which could
be existent and real. For example – In situation where it comes into direct interaction or encounter
as witness of such violence or perceive and perpetuate which the youth has seen on social media or
other such platforms or came to know from their closed ones. It has been stated by Children Society
that fearfulness can arise from the roots of undeviating fright created by their acquaintances or their
peer groups . In furtherance to this states that behaviour and conduct of minor communicating with
these perils is attached with potential threat and their feeling connected with loopholes and
weakness existing such crisis. Where irrespective to the fear faced by young people perceiving
actually the absolute fearfulness and further recommended by Children Society considering
statutory obligation by institutions where knife and other sharp objects or articles were found in
possession of minors.
The social media impact has been most importantly been countered in younger generation as one
most common and popular medium which has affected their lives on personal level. It motivates
and normalises carrying of knives ordinary between youth and engaging in violent act. There are
various artists,creators and handlers who navigate conduct and display of varied culture showing
images and pictures which are not applicable and prohibited in real life displaying impossible
standards among minors and attracting them to carry knife as sign of great personality.
The family background and situations encountered by them by observing and analysing various
facets affecting them diversely creating of scope of fear and threat in their mind. It does not matter
if individuals have strong relation with their family or not. The root of crime in such circumstances
arises from harsh and hostile childhood memories where they reside or lives. This does not always
arise in families lacking in parental skills or upbringing but includes situations where no due
attention was paid by guardian with regards to challenging circumstances reason being survival
necessities which is not being intentionally absent for their child(Smart-Akande, et.al, 2021).
One of the most crucial aspect which can be seen in establishment of root leading to engagement in
such offence by young people is due to deterioration of mental health. This element was the main
cause of concern of their vulnerable behaviour where minimum 30% minors faced problems with
legal structure and various organisational authorities had to deal with psychical illness. The health
rate decreased thrice in comparison and contrast to general society. Where one third of population
being youth were in their confinement who are known for their particular education requirement
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where 60% of population have been offended with regards to interaction disabilities and where 30
percent of children in their observation prevail sinning yesteryear. It has been reported that their
intellectual standard signifies ranging below 70 with regards to educational field.
The Children Societal Programs operates National Scheme to Disrupt Abuse which carries their task
in London with the aim to handle and put an end to exploitation or misuse of minor for operating
such criminal activities. It further states issues related to significance of mental health diagnosis and
necessity of learning, linguistic concerns arisen, absence of adequate educational sources and so on.
This high risk carried by individuals putting in danger their lives for conducting such task. There
are various elements which had lead such youth to make a shift or move towards exercising such
violent act which are poor conditions,racial discrimination,societal injustice,illicit relation of
communities with police force, family history of crime, adversity and traumatic experience in their
childhood, geographical territory, educational institution poor management etc. These factors holds
importance of young people engaging in knife crime(Straw, et.al, 2018).
The interference and hindrance are two concepts which are generally applicable to adopt measures
which can lead and result in engagement of grievous offence which is affianced with object to
prohibit continuance of crime or omission by person in such offence by taking certain measure or
adopting strategies for delivering their integration in such law which are governed by governmental
authority and independent service providers under criminal legal system. There are two distinct
divisions which defines categories of prior interference policy regulated by Solemn Ferocity Plan of
action. It is classified into intercession universally, selectively,targets either in various sectors of
employment being primary, secondary or tertiary. Where the universal plan administers each
individual prescribed of such individuals irrespective of perils whereas targetting program is one
which directs to certain associations who have with effect priorly exercised crime identifying
greater danger but does not comprises of grave criminal acts presence in particular. On other hand
primary scheme takes place where endeavour for addressing violence has occurred whereas
secondary planning with immediate effect encounters violence further avoiding short duration
result. Lastly tertiary program takes place later after commission of crime has been effected further
preventing long term outcome.
The survey has reported that approximately 7% of alleged parties are opined that there must be
implementation and enforcement of measures of higher level with respect to prohibit uniformity of
such actions by conducting inquiry further. This estimates 21% of people who have suggested for
imposing restriction for combatting knife crime by preventing sale of such sharp weapons. Whereas
other percentage of individuals recommended to put continuous watch by investigating official on
public places and some suggested to enforce sentence and punishment(Thornton, 2019).
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Sentence is form of punishment which is resulted as outcome after forming violence or participate
in such action engaging in illegal acts like knife crime which leads instance in society about its
implication as firstly the period of imprisonment of minor aged 16-17 years is prisoned ranging
from five to eight months. Whereas, in year 2018 engagement in offensive weapons like knife
results offender in custody with effect which is 20% in 2008 contrasting the offences within it.
The proportional degree of crimes which results in precaution at low degree beginning from 30%
offences fall approx to 11% in the year 2018.
The police forces of England and Wales territory set criteria setting hopefulness for prosecuting
illegal actions carried by offender being minor using or possessing knives shall be treated with
particular penal effect(Tribe, Harris and Kneebone, 2018).
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Conclusion
The desertion confers detail analysis of criminal legal system which is complied under the
provision of common legal system in United Kingdom. This report confers the legal frame work of
court and tribunals influence and impact on knife crime or engaging in violent weapons which are
sharp in nature having certain risk and danger for societal purpose. It lays elaborately legislation
and regulatory bodies governing such laws. Moreover, it states about influence of knife crime on
young people varying between age of 12-17 years conferring in distinct courts. Furthermore , talks
about strategies and planning to prevent such engagement of minors in such offences and factors
which lead to such offences in various educational institution, family members and so on.
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References
Bailey, L., Harinam, V. and Ariel, B., 2020. Victims, offenders and victim-offender
overlaps of knife crime: A social network analysis approach using police records. PLoS
one, 15(12), p.e0242621.
Gilbert, E. and Sinclair, P., 2019. Devastating after effects: Anti-knife crime sessions. The
Flavasum Trust.
Griffiths, S., 2020. Tech tackles violent crime: Knife crime across the uk has risen steeply
in recent years–can advanced technology help the police put an end to such
violence?. Engineering & Technology, 15(3), pp.22-25.
Harding, S., 2020. Getting to the point? Reframing narratives on knife crime. Youth
justice, 20(1-2), pp.31-49.
Haylock, et.al., 2020. Risk factors associated with knife-crime in United Kingdom among
young people aged 10–24 years: a systematic review. BMC Public Health, 20(1), pp.1-19.
Haylock,et.al, 2020. Risk factors associated with knife-crime in United Kingdom among
young people aged 10–24 years: a systematic review. BMC Public Health, 20(1), pp.1-19.
Malik, et.al, 2020. Violence-related knife injuries in a UK city; epidemiology and impact
on secondary care resources. EClinicalMedicine, 20, p.100296.
Nichols-Drew, L., 2018. The International Response to Knife Crime: An Investigative
Study to Improve the UK Situation.
Roberts, S., 2021. Solutions to knife crime: a path through the red sea?. Vernon Press.
Skarlatidou, et.al, 2021. Understanding knife crime and trust in Police with young people
in East London. Crime & Delinquency, p.00111287211029873.
Skarlatidou, et.al., 2021. Understanding knife crime and trust in Police with young people
in East London. Crime & Delinquency, p.00111287211029873.
Smart-Akande, et.al, 2021. Review of Knife Crime in UK.
Straw, et.al, 2018. Knife crime in London, UK: a youth perspective. The Lancet, 392,
p.S85.
Thornton, J., 2019. Doctors could be obliged to report youths at risk of knife crime, says
home secretary.
Tribe, H.C., Harris, A. and Kneebone, R., 2018. Life on a knife edge: using simulation to
engage young people in issues surrounding knife crime. Advances in Simulation, 3(1),
pp.1-9.
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