Young People, Knives, Criminal Justice 1: Policing, Prosecution, Sentencing

Mark Tavender, Crown Prosecution Service, Head of the CPS London Direct Charging Unit

YOUNG PEOPLE AND KNIVESYOUNG PEOPLE AND KNIVES

• R v Bleazard 2008R v Bleazard 2008

• Police and CPSPolice and CPS

• Charging and ProsecutionCharging and Prosecution

• DisposalsDisposals

• Use of non custodial offencesUse of non custodial offences

• PolicyPolicy

R v BleazardR v Bleazard

• May 2008 – judgement in R v BleazardMay 2008 – judgement in R v Bleazard

• ‘‘offences involving knives have recently escalated offences involving knives have recently escalated into epidemic proportions’into epidemic proportions’

• ‘‘something utterly trivial like a look…..mayhem something utterly trivial like a look…..mayhem would follow including offences of the greatest would follow including offences of the greatest seriousness, such as murder or manslaughter….’seriousness, such as murder or manslaughter….’

• ‘‘stark message…carrying a knife…[is] a serious stark message…carrying a knife…[is] a serious offence…’offence…’

Police and CPS Police and CPS

• Robust stance required from criminal justice Robust stance required from criminal justice agenciesagencies

• ACPO response – guidance issued regarding arrest, ACPO response – guidance issued regarding arrest, recording and monitoring – ‘expectation to charge recording and monitoring – ‘expectation to charge 16 and 17 year olds and adults’.16 and 17 year olds and adults’.

• CPS response – legal guidance updated to remind CPS response – legal guidance updated to remind lawyers that there was now a strong public interest lawyers that there was now a strong public interest in deterring the carrying of knives and that the in deterring the carrying of knives and that the public interest will normally require a prosecution public interest will normally require a prosecution

Charging and ProsecutionCharging and Prosecution

OffencesOffences

• ‘‘Points and blades’ – Section 139 Points and blades’ – Section 139 CJA 1988CJA 1988

• ‘‘Offensive Weapon’ – Section 1 Offensive Weapon’ – Section 1 Prevention of Crime Act 1953Prevention of Crime Act 1953

Police DisposalsPolice Disposals

((sanctioned detections)sanctioned detections)

FPNFPNReprimand/warningReprimand/warning

CautionCautionConditional CautionConditional Caution

ChargeCharge

There is an expectation to charge all 16 and There is an expectation to charge all 16 and 17 year olds who carry or use knives17 year olds who carry or use knives

Youth Court DisposalsYouth Court Disposals(10-17 age group)(10-17 age group)

• Referral orderReferral order• Absolute dischargeAbsolute discharge• Conditional dischargeConditional discharge• ASBOASBO• FineFine• Parental Bind OverParental Bind Over• Parenting orderParenting order• Reparation orderReparation order• Action Plan orderAction Plan order• Attendance centreAttendance centre

• Supervision orderSupervision order• Curfew orderCurfew order• Exclusion orderExclusion order• Community ordersCommunity orders• DTTODTTO• Detention YOIDetention YOI

For adult offenders, SGC For adult offenders, SGC guidelines state starting guidelines state starting point for the lowest level point for the lowest level of knife possession is 12 of knife possession is 12 weeks custodyweeks custody

Non Custodial sentences for very young Non Custodial sentences for very young offendersoffenders

• 10 to 15 year olds not eligible for 10 to 15 year olds not eligible for community orderscommunity orders

• Under 12s not eligible for custody (unless Under 12s not eligible for custody (unless grave crime)grave crime)

The FutureThe Future

• Tackling Knives Action Plan (TKAP)Tackling Knives Action Plan (TKAP)• Launched June 2008Launched June 2008• Phase 2 launched April 2009Phase 2 launched April 2009• Primary aim is to reduce all serious Primary aim is to reduce all serious

youth violence, especially among 13 youth violence, especially among 13 to 24 year oldsto 24 year olds

• CPS Policy remainsCPS Policy remains