Posts Tagged ‘Lawful Authority’

Well, here we are again at the debate over knife crime sentencing.

The Tories have called for 2 Years for anyone carrying. How will it work? Where will the prison places come from? And how will the Criminal Justice System cope?

We are in a very difficult place if we take this guideline literally. Currently a citizen is allowed to carry a blade as long as the cutting edge is 3 inches or less and the blade folds into the handle but doesn't lock.

If we look at the case of the Crown Court Judge who pulled out a small knife during a knife crime trial then under proposed plans he should have been locked up for 2 years? Our law is written in such a way that it is able to be interpreted and anyone can interpret the law.

The police will say that even if they discovered such a weapon the carrier would have to have reasonable excuse or lawful authority to be carrying. This obviously relies on the police stopping and searching and then finding a weapon. Realistically the only chance of being stopped and searched is late at night or in a high crime area or between the ages of 18-25. We don't see beat bobbies getting to know communities or the people within them. Only the police have stop and search powers so if its only the people who fall into the above groups who are likely to be stopped and searched how is a difference going to be made? The police do have a difficult job so its up to the politicians to stop posturing and increase police numbers and get bobbies back on the beat in communities winning trust and confidence. Let's have some Chief Constables who come out of their ivory towers every now and then and actually take pride in helping communities instead of meeting targets and deadlines. Yes it will be difficult but trust is earned and good communication skills and building rapport will show results.

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A retired Sikh Judge, Sir Mota Singh has sparked debate by claiming that Sikh children should be allowed to carry the Kirpan in Schools and other public places.

The Kirpan is one of 5 articles of faith in the Sikh religion. Other articles include Kesh (unshorn hair) and Kara (steel bangle)

The question and debate raised is should the rules be bent to accommodate religious views? Currently it is illegal to carry a knife in the UK without lawful authority or reasonable excuse. However the law becomes vague as a citizen may carry a small knife if the cutting edge is less than 3inches and the blade folds into the handle.

3 inches equates to 7.62cm and we know that 3cm and 4cm stab depth has the ability to puncture the Lung and Heart respectively. The average stab depth in the UK is 8-10 cm.

We know of Health Authorities who allow Sikhs carrying Kirpans into hospitals and we know of others who ask Sikhs to remove them and leave them at reception/security.

In our view having a weapon of any kind increases the likelihood of an individual using it whether its intended for religious use or not. Children being allowed to carry in school is not the right message. Children would probably be more likely to draw and use it not fully understanding the consequences.

Where does it end? If one section of the community is carrying then others will feel disadvantaged and carry especially in areas where there is a high Sikh population.

While we advocate freedom of expression speech and views the line has to be drawn. We have a massive problem with knife crime and saying its ok to carry for religious purposes is dangerous and biased.

Is every Sikh a law abiding and honest citizen? In the same vein is every Muslim a terrorist? The answer to both is a resounding NO.

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Recently released figures show that only 2 people caught carrying knives were given the maximum 4 Year sentence.

2 Years ago the Government doubled the maximum term for carrying a knife in a public place from 2 to 4 Years.

Since then over 50000 people have been convicted of posessing a blade or other offensive weapon but only 6 have received the maximum term. Of those 6 only 2 were for carrying a knife or other bladed or pointed weapon.

256 people were stabbed to death in 2008/09 up a quarter since 1999.

The Government talks tough on knife crime but the official figures tell a much different story. The fact is that Prisons in the UK are already overcrowded so how could the maximum sentence be handed down for even half of the 50,000 recorded crimes? There just aren’t enough prison places.

The governments Violent Crime Action Plan is also flawed. The measures introduced in the wake of public outrage at the number of people being stabbed scrape the surface of the problem but the reality is that the vast majority of offenders who are caught are only given a caution.

The Law allows an individual to carry a knife as long as the cutting edge is 3 inches or less and the blade folds into the handle. Anyone found in possession must have reasonable excuse and lawful authority but what are the chances of being stopped and searched? Very limited unless its late at night, in a high crime area or the subject is already known to police.

We will keep you posted on developments in 2010.
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Knife crime, particularly amongst young people, is in the news almost every day. At the moment, a number of different rules apply to knives and it isn’t always immediately clear what is legal and what isn’t.

It is illegal for any shop to sell a knife of any kind (including cutlery and kitchen knives) to anyone under the age of 18.

It is generally an offence to carry a knife in public without good reason or lawful authority (for example, a good reason is a chef on the way to work carrying their own knives)

The maximum penalty for an adult carrying a knife is four years in prison and a fine of £5000

Knives where the blade folds into the handle, like a Swiss Army Knife, aren’t illegal as long as the blade is shorter than three inches (7.62 cms)