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KNIFE CRIME

KNIFE CRIME

In recent years there has been a lot of publicity about knife crime, much of it relating to inner city gang violence but the reality is knife crime is endemic throughout the country.

The law is straightforward in that if you are in a public place it is illegal to have any article which has a blade or is sharply pointed except a folded pocket knife with a blade of 3 inches (7.62 cm) or less in length, unless you can prove on the balance of probabilities that you had good reason or lawful authority for having that article with you in a public place.

The burden of proof lies with you.

There are specific defences of having it for use at work, for religious reasons, or as part of a national costume, but a chef leaving his filleting knife on the seat of his car when he is out for a night out for instance will have an uphill struggle in trying to persuade a Court that he had it with him for a legitimate reason.

WARNING – a lock knife does not fit the description of a folding knife. If your knife locks then you will have to prove that you had a good reason.

Stanley Knives are also caught by the definition of an article with a blade or sharp point.

Having it with you for “self protection” is not only not considered good reason, but you can expect it to guarantee a greater sentence.

The Sentencing Guidelines indicate a starting point for first offence without any aggravating features of 6 months immediate imprisonment if convicted after Trial.

The best advice, if you use an article with  a blade or sharp point at work, leave it there, or if you must take it home, take is straight home and leave it there and don’t visit the pub or the shops on the way.

If you need an experienced lawyer who knows the ropes, can look after you and can get you the best possible outcome.

Contact Chris Johnson now on 01606 74301