Tough stance on knife crime
23 May 06
Lord Advocate's guidelines to add to measures in police and Public Order Bill
The Lord Advocate has announced tough new guidelines to combat knife crime.
Speaking at a Violence Reduction Unit Seminar in Edinburgh, Colin Boyd revealed that he is issuing new instructions to the police and procurators fiscal in order to tackle knife crime in Scotland's communities.
Described as a combination of deterrent and punishment, the new measures relate to how and when cases are reported by the police to procurators fiscal; the question of bail; and what courts should try knife crimes.
In future, anyone accused of carrying or using a knife who has already been convicted of such an offence will be considered for prosecution under solemn and not summary procedure, permitting higher sentences to be imposed. Under the Police, Public Order and Criminal Justice (Scotland) Bill the maximum penalty for carrying a knife in public is to double from two to four years in a solemn case.
Court bail only
With the agreement of the police, the Lord Advocate is also instructing that anyone arrested with a knife can only be granted bail after a court appearance and not by the police - resulting in detention in custody until the court next sits. Bail will be opposed if the accused has previously served custody for violence.
The new bill also provides for an increase in police powers to allow the arrest of anyone suspected of carrying a knife or offensive weapon, and an increase in the minimum age for buying a knife from 16 to 18.
At least half of all murders in Scotland are committed with a knife. Last year there were 1,301 knife attacks in the Strathclyde Police force area alone, 1,100 of these were with in a public place and involved non-domestic knives
A knife amnesty starts tomorrow - Wednesday 24 May - and will run until 30 June 2006. The new measures announced by the Lord Advocate will come into effect at the conclusion of the knife amnesty.
Surrender weapons or "face the consequences"
Mr Boyd said: "Anyone caught carrying a knife, whether they have used it in a separate offence or not, will be arrested and kept in custody pending their appearance in court. This way, communities can have confidence that those who carry, or use, knives on our streets will be swiftly dealt with.
"When individuals appear in court prosecutors will oppose bail if he or she has one or more previous convictions involving possession or use of a knife. Bail will also be opposed if an accused has a previous conviction for an offence of violence which resulted in a custodial sentence.
"When prosecutors are deciding on the appropriate court for proceedings, where an accused has a previous conviction for a similar offence there will be a presumption in favour of prosecution before a judge and jury.
"As the Minister for Justice has made clear, we will provide people with the opportunity to surrender their knives. But where people do not take this opportunity and persist in carrying a knife they will face the consequences."