Over the last few days, the government has announced proposals to introduce new offences and increase sentencing for a range of other offences.

One of our criminal law experts, Jag Phull explains the proposals.

Knife crime

Knife crime increased by 20% in the last year, prompting the government to look again at key legislation. Possession of a knife has in the same period increased by 23%.

New laws will make it an offence to deliver to a private residential address a knife sold online. All future online purchases will have to be delivered to a collection address where the age of the purchaser can be verified.

Offensive Weapons

Possession of offensive weapons in a public place is already a criminal offence, but changes to the law will see some 19 items, including flick knives and push daggers prohibited in private places as well.

The government is proposing some limited defences to these possession offences, such as for cultural, artistic or religious use, and exemptions such as museum displays.

Also, there will be a new definition of ‘flick knife’ to broaden the number of weapons that are classified into this category.

School Premises

It is already an aggravated offence to possess knives and offensive weapons on school premises.

However, the definition of ‘school premises’ does not cover higher and further education establishments such as sixth form colleges or universities. This will be changed to ensure these institutions are also covered by the legislation.

Threats

The government intends to amend the existing offence of threatening with an article with blade or point or an offensive weapon set out in section 139AA of the Criminal Justice Act 1988.

The law currently requires the prosecution to prove that the defendant threatened another with the weapon “in such a way that there is an immediate risk of serious physical harm to that other person”.

The government is proposing to strengthen this offence to ensure that if anyone threatens another person with a knife the offence is committed when the victim reasonably fears they would be likely to suffer serious physical harm. This test will be based on how a reasonable person would respond to such a threat, and not whether the victim was objectively at risk of immediate serious physical harm.

Acid and Corrosive Substances

It is believed that violent attacks using acid and other substances is on the rise, such that a new offence is justified.

The Government proposes to create a new offence of possessing a corrosive substance in a public place. The proposed offence is modelled on the current offence in section 139 of the Criminal Justice Act 1988 of possessing a bladed article in a public place.

It is envisaged that similar defences to the knife possession offence would also apply to the proposed corrosive substance possession offence, such as, if the person could prove they had a good reason or lawful authority for having it in a public place.

Secondly, the government proposes to introduce a new offence preventing the sale of the most harmful corrosive substances to under 18s. This is intended to be similar to the existing knife legislation and is in response to the significant proportion of known offenders who are under 18. Introducing this offence would make it harder for under 18s to obtain products containing the most harmful corrosive substances that are of particular concern and which are being used as weapons to inflict life-changing injuries.

Firearms

The government has identified two particular types of firearms of concern: large calibre (0.50) rifles; and rapid firing rifles. Both types of firearms are currently available for civilian use under general licensing arrangements, but there are concerns about their potential for serious misuse and loss of life if they were to fall into the wrong hands.  It is proposed that these two types of firearms should be subject to the stricter controls under the existing provisions of section 5 of the Firearms Act 1968, which prohibit a number of types of firearms from civilian use.

Driving Offences

It is proposed that the maximum penalty for causing death by dangerous driving, or causing death by careless driving while under the influence of drink or drugs be increased to a maximum of life imprisonment.

If this change is implemented, it will lead to new sentencing guidelines being issued which will likely increase the typical sentence in all such cases.

Very few cases would ever merit a sentence of life imprisonment.

There is also a proposal to create a new offence of causing serious injury by careless driving.

This is likely to be one of the most controversial proposals as there is friction between the lower level of culpability and unintended harm, which of course can sometimes be significant.

Conclusion

The government appears to want to send out a tough message about certain types of criminal behaviour. It must be remembered however that sentencing is a fact-specific exercise where the personal mitigation of the defendant must also be considered.

In cases where a guilty plea is inevitable, or a finding of guilt has been made, it is our job to present to a court the best possible mitigation to ensure the lowest sentence possible.

If you face any criminal proceedings, in the first instance contact Jag on 0203 904 3232 or jphull@langfieldlaw.co.uk to arrange a consultation.

In the first of our series of useful blogs, Jag sets out in simple terms important information concerning the complex area of notification requirements.

Notification Requirements and the Sex Offender Register – How to Be Removed From The List

What is the ‘Sex Offender Register’?

There isn’t an actual register, and the phrase refers to notification requirements imposed on some offenders convicted of sexual offences. Over 50,000 individuals are currently subject to notification requirements.

The duration of the notification obligation depends on the sentencing disposal and the age of the offender. These are the relevant periods for adult offenders:

What are the notification requirements?

The notification requirements imposed are complex and in the main revolve around keeping the police informed of residence and travel plans, changes to personal details, whether residing in a household with a child, bank and credit card details and passport/identity documents.

If for any reason you do not understand your full obligations in this regard, so contact us as we can give specific advice.

What happens if I do not abide by the notification requirements?

Non-compliance means that you may have committed a criminal offence, which can be punished by up to 5 years imprisonment. Any breach is always treated seriously by a court.

Indefinite notification

It can be seen from the table above that some offenders are subject to the notification regime for an indefinite period. Until a court judgment in 2012, that meant for life.

A change in the law now means that some offenders can apply to have indefinite notification requirements removed.

Note that if you are subject to notification requirements for a fixed term, this cannot be reduced.

When can I make that application?

An adult can apply after 15 years a juvenile after eight years. However, if you are also subject to a Sexual Offences Prevention Order, that must be removed before an application can be made in respect to notification requirements, we can of course assist you with this.

How do I go about doing that?

There is a 2-stage process. Initially, there is an application to the police. If the application is refused, you can then appeal to a magistrates’ court.

Presumably, the police always refuse these requests?

You might think so, but in our experience, this is not the case. Some police forces have reported an initial success rate of some 66%.

It is not, however, a simple case of writing a letter and asking for the requirements to be lifted. The police have to apply a statutory test, and it is vital that your application is drafted professionally to give you the best prospects of success.

In determining an application, the police must—

(1) have regard to information (if any) received from a responsible body;

(2) consider the risk of sexual harm posed by the offender and the effect of a continuation of the indefinite notification requirements on the offender; and

(3) take into account the matters listed below:

(a) the seriousness of the initial offence;

(b) the period of time which has elapsed since the offender committed the offence (or other offences);

(c) where the offender falls within section 81(1) of the 2003 Act, whether the offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d) whether the offender has committed any offence under section 91 of the Act;

(e) the age of the offender at the qualifying date or further qualifying date;

(f) the age of the offender at the time the offence was committed;

(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the offender at the time the offence was committed;

(h) any assessment of the risk posed by the offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;

(i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;

(j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);

(k) any caution which the offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;

(l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the offender for any offence listed in Schedule 5 where the behaviour of the offender since the date of such conviction or finding indicates a risk of sexual harm;

(m) any other submission or evidence of the risk of sexual harm posed by the offender;

(n) any evidence presented by or on behalf of the offender which demonstrates that the offender does not pose a risk of sexual harm; and

(o) any other matter which the relevant chief officer of police considers to be appropriate.

How can we assist?

You will appreciate from the above that the appeal process is both complex and detailed.

We here at Langfield Law can assist in collating the material necessary to draft and submit an application that has the best chance of success, whether before the police or a court.

In the first instance, please contact Jag Phull on 0203 904 3232 or email : jphull@langfieldlaw.co.uk