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 KNIVES R v Bleazard 2008R v Bleazard 2008 Police and CPSPolice and CPS Charging and Prosecution Charging and Prosecution DisposalsDisposals Use of non custodial offences Use of non custodial offences Policy Policy

R v Bleazard May 2008 – judgement in R v BleazardMay 2008 – judgement in R v Bleazard ‘offences involving knives have recently escalated into epidemic proportions’‘offences involving knives have recently escalated into epidemic proportions’ ‘something utterly trivial like a look…..mayhem would follow including offences of the greatest seriousness, such as murder or manslaughter….’‘something utterly trivial like a look…..mayhem would follow including offences of the greatest seriousness, such as murder or manslaughter….’ ‘stark message…carrying a knife…[is] a serious offence…’‘stark message…carrying a knife…[is] a serious offence…’

Police and CPS Robust stance required from criminal justice agenciesRobust stance required from criminal justice agencies ACPO response – guidance issued regarding arrest, recording and monitoring – ‘expectation to charge 16 and 17 year olds and adults’.ACPO response – guidance issued regarding arrest, recording and monitoring – ‘expectation to charge 16 and 17 year olds and adults’. CPS response – legal guidance updated to remind lawyers that there was now a strong public interest in deterring the carrying of knives and that the public interest will normally require a prosecutionCPS response – legal guidance updated to remind lawyers that there was now a strong public interest in deterring the carrying of knives and that the public interest will normally require a prosecution

Charging and Prosecution Arrest and Investigation Admission = Police Decision Denial = CPS Decision

Offences ‘Points and blades’ – Section 139 CJA 1988‘Points and blades’ – Section 139 CJA 1988 ‘Offensive Weapon’ – Section 1 Prevention of Crime Act 1953‘Offensive Weapon’ – Section 1 Prevention of Crime Act 1953

Police Disposals ( sanctioned detections) FPNReprimand/warningCaution Conditional Caution Charge There is an expectation to charge all 16 and 17 year olds who carry or use knives

Youth Court Disposals (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 order Curfew order Exclusion order Community orders DTTO Detention YOI For adult offenders, SGC guidelines state starting point for the lowest level of knife possession is 12 weeks custody

Non Custodial sentences for very young offenders 10 to 15 year olds not eligible for community orders10 to 15 year olds not eligible for community orders Under 12s not eligible for custody (unless grave crime)Under 12s not eligible for custody (unless grave crime)

The 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 youth violence, especially among 13 to 24 year oldsPrimary aim is to reduce all serious youth violence, especially among 13 to 24 year olds CPS Policy remainsCPS Policy remains