Possession of a knife and bladed article Lawyers 

If you are found to be in possession of a knife or bladed article, you may face criminal charges, with a maximum prison sentence of four years and/or an unlimited fine. The offence is made out even if you had no intention of unlawfully using the knife. If you have been arrested for being in possession of a knife or bladed article, or are facing prosecution, it is vital that you seek expert legal advice as early as possible.

Here at Clifford Johnston & Co, our team of criminal defence solicitors have the experience and expertise necessary to represent you as you face charges of being in possession of a knife or bladed article.

What types of knives can I be prosecuted for carrying?

It is unlawful to use any knife or bladed article in a threatening manner.  It is also illegal to carry most knives in public without good reason, and sell knives to anyone under 18 years of age. The exception to these rules applies to folding pocket knives which are not lock knives, and have a cutting edge no longer than three inches.

It is a defence if the person charged can prove that they had a good reason or lawful authority for having the knife or bladed article in a public place.  In addition, the law provides a defence if the person charged can show that the knife or bladed article was in their possession because it was for use at work, for religious reasons or as part of any national costume.

In the UK there are a variety of knives and bladed articles that are prohibited, including:

• Butterfly knife: A blade enclosed within its handle which splits down the middle to reveal the knife without mechanical means.
• Disguised knife: A blade hidden inside a commonly carried object such as a pen, lipstick, lighter, or phone.
• Flick knife: A weapon whereby the blade is released from the handle with the press of a button or by gravity.
• Shuriken: Also known as a throwing star, this is a hard plate with 3 or more sharp points, designed to be thrown.
• Stealth knife: A blade or spike made from material that goes undetected by a metal detector.
• Sword: A curved blade over 50 centimetres long from the tip of the blade to the top of the handle
• Swordstick: A hollow cane or walking stick containing a blade.
• Zombie knife: A knife with a serrated edge, a cutting edge, and words or images implying it is used for violence.

This list is not exhaustive, and there are a number of other types of blades and weapons which are banned in the UK. Possession of such weapons, whether you intend to use them or not, can lead to you being arrested and criminally charged.

What is the defence if you are charged with carrying a knife?

To secure a conviction, the prosecution must first prove that you knowingly had a knife  in any public place.  If the knife was slipped into your pocket unawares, you would not be guilty of the offence.  Secondly, it must prove that you had possession of the knife in a public place – this includes any place the public have or are permitted access.  If the prosecution establish that you carried a knife or bladed articled in a public place, then the onus shifts to you to prove that you had lawful authority, reasonable excuse or good reason for doing so.

The defence options available will depend on the circumstances of your case, so it is important that you are cooperative and forthcoming when dealing with our criminal defence solicitors to ensure that we have all the details to build a strong defence.

Examples of good reasons to be in possession of a knife include:

• Transporting a knife used at work either to or from your workplace
• Transporting a knife to a museum or gallery to be exhibited
• Carrying a knife that will be used for a theatrical, television or film production
• Carrying a knife for religious purposes, for example the kirpan carried by some Sikhs
• Carrying a knife as part of a national costume
• Reasonable excuse can include self-defence where the threat perceived is immediate or imminent.

Our highly experienced solicitors understand the complex legislation surrounding this area of law and the possible defences available to you.  It is always our aim to ensure that the charges against you are dropped, that you are acquitted at trial, or to lessen the severity of the punishment you receive where a conviction is unavoidable. We will put forward the best possible defence om your behalf.

What Factors Can Affect Sentencing For Knife Crime?

If you are found guilty of being in possession of a knife or bladed article in a public place,  you will receive a sentence in proportion to your crime. However, when the sentence is being deliberated upon, there are a number of potential mitigating and aggravating factors that the court may take into consideration, including:

Mitigating factors

• No previous criminal convictions.
• Good character and/or exemplary conduct.
• Cooperation with the authorities.
• Mental health disorder or learning difficulty.
• being the primary carer for dependant relatives.
• Offence short lived
• Weapon not used to threaten anyone and/or produced.

Aggravating factors

• Offence committed whilst on bail.
• Offence committed as part of a gang.
• Offence committed whilst under the influence of drugs or alcohol.
• Attempt to conceal your identity.
• Attempt to dispose of or conceal evidence

The maximum sentence for possession of a knife or bladed article is four years’ custody.

If the offender has committed the same offence before or another relevant offence such as threatening with an offensive weapon in a public place, they will face a minimum sentence of at least 6 months’ custody.

If a person threaten another with a knife, the mandatory minimum sentence is 6 months’ custody.  Please note that the sentence guidelines for juveniles is difference.

Contact our Lawyers for Knife Crime today

We are proud to offer expert criminal law services nationally which is affordable and cost-effective.

By choosing to work with us, you will have an exceptional team fighting your corner.

Talk to Clifford Johnston & Co. today.