More knife criminals facing jail

Knife possession could carry a sentence of up to 6 months in jail

Many more people could be jailed for knife possession, after changes to new sentencing guidelines.

The Sentencing Guidelines Council has told magistrates that in the current climate of concern over knife crime, sentences should be much tougher.

The original guidelines, coming in on Monday in England and Wales, had drawn some criticism as being too lenient.

First-time offenders could now face about 12 weeks in prison. The guidelines apply to adult offenders.

Before the changes, the starting point when sentencing for possessing a knife in a public place was a community sentence or fine.

Recent escalation

The council said magistrates should take account of a recent Court of Appeal ruling, which said that possession of a knife was "a serious offence and it should be treated with the seriousness it deserves".

People who are prosecuted for carrying a knife are now almost three times as likely to go to prison as in 1997, and for a third longer Ministry of Justice statement

Under the new guidelines, anyone carrying a knife in "dangerous circumstances" or using it to threaten or cause fear, could expect sentences of six months or more if found guilty.

Although more lenient sentences, such as a �500 fine for simple knife possession, will still remain available to magistrates, they are far less likely to be used following the new advice.

The SGC said the Court of Appeal ruling drew attention to the "recent escalation in offences of this kind" and the importance of the purposes of sentencing in "reduction of crime (including its reduction by deterrence) and the protection of the public".

When the current concerns have been overcome, courts will be informed to go back to the original, more lenient, guidelines, it said.

The Ministry of Justice said the new guidelines reflected the government's stance on knife crime.

"As part of our ongoing drive to tackle knife crime we have introduced a presumption to prosecute, the maximum sentence for carrying a knife has been doubled to four years and people who are prosecuted for carrying a knife are now almost three times as likely to go to prison as in 1997, and for a third longer."

Shadow justice secretary Nick Herbert said the move was "overdue but welcome".

He said: "We consistently took a strong stance on this issue and rejected the earlier guideline which allowed fines for carrying a knife.

"The government raised no objection and only now, three days before the guidelines come into force, it has been changed. Ministers have talked tough but as usual are slow to act."

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