A weapon not made for that purpose but adapted for it e.g. objects with a razor blade inserted or mounted into them or a deliberately broken bottle. Depending on the offence, specific defences may be available to a person primarily being whether they can show that they had a good reason, reasonable excuse or lawful authority for having a knife with them. Other specific defences are included for some offences including but not limited to: for use at work, for religious reasons, for educational purposes or as part of a national costume. These defences are for the defendant to prove on the balance of probabilities, which means that merely providing an uncontradicted explanation is not necessarily sufficient. Further education premises is defined as land used solely for the purposes of (i)an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010), excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy. Private Place The person’s conduct was for the purpose only of making the sword available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event. The most likely gateway for admitting hearsay evidence in cases involving knives is if the witness will not give evidence due to fear. It does not matter whether the fear was brought about by or on behalf of the defendant and fear is given a wide definition which includes fear of the death or injury of another person or of financial loss. This includes fear as a consequence of the offence the subject of the trial.

is otherwise likely to stimulate or encourage violent behaviour involving the use of a knife as a weapon. For a minimum sentence to apply to a 'second strike' possession offence, the sequence must be conviction (guilty plea or finding of guilt) for the first relevant offence and then commission of the second “index offence” after 17 July 2015. Minimum sentences will not apply if the second offence was committed whilst the offender was on bail awaiting trial for the first offence. Relevant offences for both the index offence and previous convictions are set out in section 315 Sentencing Act 2020.The NPCC and CPS have produced guidance on charging children and young people. This can be found here. This guidance explains the approach that should be taken in respect of 16 and 17 year olds as well as children under 16 years old. The test for threatening with a weapon in a private place is higher than for threatening in a public place. The prosecution must prove that while A is in a private place, A unlawfully and intentionally threatens another person (“B”) with an article or substance as above, and A does so in such a way that there is an immediate risk of serious physical harm to B. Witnesses (including police officers) to offences under the 1953 legislation and s139, s139A and s139AA of the 1988 legislation are eligible for special measures by virtue of section 17(5) and Schedule 1A YJCEA. There is no need to prove the witness is vulnerable or intimidated nor is there a need to demonstrate that the measure is required so that the witness gives their best evidence. Police and prosecutors should ensure that the court has sufficient information about the impact of knife crime offending at the sentencing hearing. Guidance on Victim Personal Statements can be found here. Guidance on Community Impact Statements can be found here.

The Youth Justice and Criminal Evidence Act 1999 (YJCEA) introduced a range of special measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. Special measures are designed to help vulnerable and intimidated witnesses to give their best evidence in court and help to relieve some of the stress associated with giving evidence. Child witnesses under the age of 18 will automatically be eligible for Special measures by virtue of section 16 of the YJCEA. Special measures include: screens, live link, evidence given in private, removal of wigs and gowns by barristers and judge in the Crown Court, video recorded evidence, use of an intermediary and aids to communication. Minimum sentences for 'second strike' offences of possession of knives or offensive weapons came into force on 17 July 2015. The OWA has extended this to cover possession of corrosive substances. When planning a joint operation, consideration must be given to the provisions of the Regulation of Investigatory Powers Act 2000 particularly with respect to covert surveillance. Trading Standards also need to ensure compliance with the Better Regulation Delivery Office (‘ BRDO') Code of Practice for Age Restricted Products and Services. Any joint operation should identify from the outset which agency will undertake any action arising from a sale of a knife to a young person. Investigators and Prosecutors should also be aware that the issues raised in ‘County Lines’ offending can apply to some knife crime- see the guidance on County Lines Offending. Applications to remand in custody Offences under both the 1953 legislation and the 1988 legislation come within “ Specified Either way Offences” for the purposes of issuing a simple caution – see "Simple cautions: guidance for police and prosecutors" YouthsSee section 142 Criminal Justice Act 1988. Responsible Retailer Agreements / HO voluntary agreement Section 2 creates an offence of publication of unlawful marketing material, a person is guilty of an offence if they publish any written, pictorial or other material in connection with the marketing of a knife and that material-