Knives: Sentencing

(asked on 12th September 2023) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what recent assessment she has made of the potential impact of increasing the maximum penalty for carrying a knife to more than four years’ imprisonment on trends in the level of knife crime.


Answered by
Chris Philp Portrait
Chris Philp
Minister of State (Home Office)
This question was answered on 20th September 2023

The maximum penalty for being in possession of a knife in public is 4 years imprisonment. In year ending March 2023, the average custodial sentence lengths for knife possession and threatening offences are the highest they have been in the last 10 years, 7.5 months and 14.8 months respectively. Sentencing is a matter for our independent courts. When deciding what sentence to impose, courts must consider the circumstances of the case in line with any relevant sentencing guidelines issued by the independent Sentencing Council.

However, in recognition of the seriousness of offences related to knives, the law provides for minimum custodial sentences for repeat knife possession and offences that involve threatening with a weapon. Measures in the Police, Crime, Sentencing and Courts Act which came into force in 2022 strengthened existing legislation to make sure that the courts always impose at least the minimum term unless there are exceptional circumstances.

Whilst the government is not currently considering increasing the maximum penalty of 4 years imprisonment, the government continues to strengthen knife legislation.

On 30 August, the government published its response to the consultation on new legislative proposals to tackle knife crime. We will introduce a ban on certain types of large knives that seem to appeal to those who want to use these items as weapons, for instance zombie style knives or machetes. We will also give the police more powers to seize dangerous weapons, create a new offence of possession of a bladed weapon with an intent to harm, and increase sentences for those who import, manufacture or sell dangerous weapons to under 18s.

The full government response can be found here: Government response to consultation on proposals to tackle the use of machetes and other bladed articles in crime. (publishing.service.gov.uk)

The measures detailed in the government response will be brought forward when parliamentary time allows, and we will continue to keep our knife legislation under review.

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