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 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. Evidential stage: Is there sufficient evidence for a realistic prospect of conviction? The evidence must be able to be used in court, reliable and credible, and there is no other material that might affect the sufficiency of evidence. If there is sufficient evidence, go on to consider: Threatening with a bladed articles in a public place or on school or further education premises - Section 139AA

Section 1 of the Knives Act 1997 creates an offence of unlawful marketing of knives, which is committed if a person markets a knife in a way which-

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Many Local Authorities operate their own Responsible Retailer Agreements which can cover the sale of knives. In addition, the Home Office has produced a Voluntary Agreement on the sale of knives which some national retailers have signed up to. A new voluntary agreement on the storage of knives is also under consideration. 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.

Minimum sentences for 'second strike' offences of possession of knives or offensive weapons came into force on 17 July 2015. The OWA has extended this to cover possession of corrosive substances. Work is currently being undertaken by the NPCC to develop guidance for schools about knife crime. Further details of this will be included in future updates of this document. Where a person uses an article offensively in a public place, the offensive use of the article is not conclusive of the question of whether he had it with him as an offensive weapon within section 1(1) PCA 1953. A person must knowingly have the item with them, with relevant considerations including the proximity between the person and the weapon, whether the weapon is immediately available to the person and the accessibility of the weapon. Having an article innocently will be converted into having the article guiltily if intent to use the article offensively is formed before the actual occasion to use violence has arisen. Once a person knowingly has an item with them, they continue to have it until they rid themselves of it. A person forgetting about an article does not negate them having it with them. Public place Police officers should ensure that any requirement for special measures is noted on the reverse of the witness’s MG11 and any specific grounds are explained in the body of the statement. A completed MG2 should be included with the file to the CPS, setting out which special measures are sought by a victim or witness and the grounds.

Further Reading

Possession of prohibited offensive weapons in private: Section 141(1A) as inserted by section 46 OWA. Whether a retailer has signed up to either a local or national responsible retailer agreement, and any subsequent action taken as a result e.g. ongoing training, may be useful evidence in proving the presence or absence of due diligence. Underage test purchasing of knives The Youth Justice and Criminal Evidence Act 1999 (YJCEA) introduced a range of special measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. Special measures are designed to help vulnerable and intimidated witnesses to give their best evidence in court and help to relieve some of the stress associated with giving evidence. Child witnesses under the age of 18 will automatically be eligible for Special measures by virtue of section 16 of the YJCEA. Special measures include: screens, live link, evidence given in private, removal of wigs and gowns by barristers and judge in the Crown Court, video recorded evidence, use of an intermediary and aids to communication.

Section 141(1A) of the 1988 legislation as inserted by section 46 of the 2019 legislation prohibits the possession in private or public of certain offensive weapons – the schedule of weapons can be found here. Note cyclone knives are included. 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. 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.This Practical Guidance document sets out the approach of the Police and the Crown Prosecution Service (CPS) to knife crime offending. The document will be updated periodically to reflect changes in legislation as well as changes in any guidance or policy introduced by the Police or CPS.

Where details of a defence are given in interview, a defence statement or in any other way, the investigating officer and the prosecutor should consider what reasonable lines of inquiry arise from this to establish whether or not the defence is likely to be established. Adverse inferences Possession of certain dangerous knives - Section 1A Restriction of Offensive Weapons Act 1959- as inserted by section 44 of OWA. Police and prosecutors should ensure that the court has sufficient information about the impact of knife crime offending at the sentencing hearing. Guidance on Victim Personal Statements can be found here. Guidance on Community Impact Statements can be found here. Physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.Where the allegation is giving a curved sword to another person, to show that the person’s conduct consisted of the presentation of the sword by a Sikh to another person at a religious ceremony or other ceremonial event. See section 142 Criminal Justice Act 1988. Responsible Retailer Agreements / HO voluntary agreement