STANLEY 0-10-825 FATMAX Retractable Folding Knife, Yellow/Silver

Product Information

Section 1 of the Knives Act 1997 creates an offence of unlawful marketing of knives, which is committed if a person markets a knife in a way which- 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. Evidence of previous criminality may be relevant to a matter in issue between the parties, particularly if it casts an innocent explanation (advanced as “good reason”) in a different light or rebutting it entirely. Evidence showing that a defendant is a member of a gang involved in drug and gun crime is admissible to rebut a defence that guns and drugs found in, for example, the defendant’s home, were left there by others. This should be considered particularly in cases where a defendant raises a defence of “good reason” or claims that he did not in fact have the knives in his possession. See the legal guidance on Decision Making in Gang Related Offences for more information.

Publications Relating to Knives – section 2(1) Knives Act 1997. This offence is aimed at the publishers of advertisements rather than those who are involved in the sale and marketing of knives. 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. See section 142 Criminal Justice Act 1988. Responsible Retailer Agreements / HO voluntary agreement 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.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.

If a defendant is silent when questioned and then raises a defence at trial, the prosecutor should seek to have the court draw an adverse inference from this silence. Legislation sets out the effects of the following: the defendant’s failure to mention facts when questioned or charged; the defendant’s silence at trial the defendant’s refusal or failure to account for objects, substances or marks; and the defendant’s refusal or failure to account for his or his presence at a particular place. Prosecutors should ensure each condition is satisfied before seeking these inferences. However, in appropriate cases they should be sought. Bad character More information can be found in the legal guidance on Bad Character Evidence. The decision to charge This document is intended to aid the understanding of issues that may arise in connection with suspected knife crime offending. It is to be read alongside the relevant police and CPS guidance, including the CPS Legal Guidance on Offensive Weapons, Knives, Bladed and Pointed Articles, and supports HM Government’s Serious Violence Strategy (April 2018). Context

Conclusion

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- For offences committed before 28 June 2022, the judge must impose the minimum sentence unless the court is of the opinion that there are “particular circumstances” which relate to the offence, the previous offence(s), or the offender which would make it unjust in all circumstances. It does not matter what age the offender was at the commission of the first relevant offence, but they must be at least 16 years at the commission of the second offence for a minimum sentence to be imposed.