What Happens If You Get Caught With A Knife?
What Happens If You Get Caught With A Knife?
The Netflix series Adolescence has put fear into every parent in the UK and brought to the public’s attention the dangers of teenagers being radicalised online. The psychological crime drama centres on a 13 year old school boy who fatally stabs a girl in his school. Lead actor and co-writer Stephen Graham conceived the idea for the drama in response to cases of knife crime by teenagers in the UK. Given that knife crime has risen fairly consistently over the past 13 years, it is understandable that people, especially young people living in metropolitan areas, feel they have to carry a knife for their own protection. However, being caught with a knife in the UK can result in not only a criminal record if you are convicted in court but a hefty fine, community service, or even jail.
What is the law around carrying knives?
It is illegal to carry a knife unless you have a good reason (for example, you are a chef and need one for work) or a knife with a manual folding blade less than three inches long (the Swiss Army knife).
The relevant legislative offences are
• Section 1 of the Prevention of Crime Act 1953 – prohibits the carrying of an unlawful weapon in a public place without a reasonable excuse or lawful authority.
• Section 139 of the Criminal Justice Act – makes it an offence to carry an object with a blade or point. This is designed to capture articles that fall outside section 1 of the Prevention of Crime Act 1953.
• Section 40CA of the Prison Act 1952 – deals with the unauthorised possession of a knife or offensive weapon in prisons.
It is also a criminal offence to sell a knife to a child under 18 years old or use a knife in a threatening way.
What is the sentence if you are caught with a knife?
If you are convicted in the Crown Court, the maximum sentence is four years in prison. The Court will consider aggravating and mitigating factors relating to your case before handing down the final sentence. For example, if you are genuinely remorseful and plead guilty, these factors are likely to mitigate your final penalty.
If you are aged 12 or over, the Court can issue a knife crime prevention order (KCPO). This means you must attend educational courses, drug rehabilitation programmes, and anger management classes.
The Court can issue a KCPO even if you are acquitted.
You may escape a prison sentence if this is your first offence. But if you have been convicted of two or more knife carrying offences, the Court must sentence you to a minimum of six months imprisonment.
What types of knives and blades are banned in the UK?
The below types of knives are completely banned:
• Zombie knives
• Belt buckle knives
• Knuckle-dusters
• Knives that are disguised as or inside another object
• Handclaws
• Footclaws
• Stealth knives
• Swords
A full list can be found on the Government website.
There are exceptions if the knife is an antique.
What happens if a minor or youth is caught with a knife?
If a child under 16 years is caught with a knife and has never been previously involved in violent offending or knife-related crime before, they will most likely be given a Youth Conditional Warning (YCC). This is a formal warning that remains on the police record. It comes with requirements such as:
• Doing some community work to make up for your offence
• Anger management work
• Drugs or alcohol work
• Staying away from certain places/people
• Writing a letter of apology
• Accessing other support services
If you are under 16 years old and have committed a violent offence, you can be charged if you are over 10 years old. If this happens, you will be brought before the Youth Court. If you are given a custodial sentence, you will be sent to a secure centre for young people, not an adult prison.
If you are between 16 and 17 years old and caught possessing a knife, you will be charged with a criminal offence unless exceptional circumstances apply, which means the police will give you a YCC. You will be brought before the Youth Court and, if given a custodial sentence, sent to a secure centre for young people.
Can the police stop and search me?
The police have the power to stop and search anyone they reasonably suspect of possessing:
• illegal drugs
• a weapon
• stolen property
• something which could be used to commit a crime, such as a crowbar
If you have been convicted of carrying a knife or offensive weapon, the Court can impose a Serious Violence Reduction Order (SVRO). This means the police can stop and search you in a public place to see if you are carrying a bladed weapon.
Should the police stop and search you, it is vital to remain calm and be polite. Being stubborn or rude could result in adverse consequences.
If the police find a knife in your possession, you will likely be arrested and taken to the nearest police station. A Custody Officer will be assigned to you and will let you know what your rights are. One of your key rights is the right to contact a Criminal Law Solicitor and ask them to come to the station to advise and represent you. It is highly advisable that you do not make any statements to the police without a Solicitor present.
What should I do if my child is caught with a knife?
Contact a specialist Knife Crime Solicitor immediately. Both you and your child are likely to be shocked and frightened, and the police process can be confusing and intimidating. A Solicitor will ensure the police follow proper procedures when dealing with a child and provide legal advice and support for you and your family.
Getting legal advice
If you have any questions regarding this article, please call 0300 3732424. If you have been arrested and require police station representation, please get in touch through our emergency number 0300 373399.
Please note that this article does not constitute legal advice.
