Crown Office and Procurator Fiscal Service

KNIFE CRIME CONVICTIONS SEND STRONG MESSAGE TO CRIMINALS

1 March 2009

Tougher guidelines for police and prosecutors are having a significant impact on continuing efforts to combat knife crime, the Solicitor General for Scotland, Frank Mulholland QC, announced today.

Mr Mulholland unveiled figures showing that those caught carrying knives are being taken off the streets more quickly and kept in custody for longer.

Since the new guidelines were introduced on 26 June 2006:

* More than 600 knife carriers have been prosecuted on indictment

rather than summary complaint, allowing a greater sentencing power for the judge

* Convictions have been recorded in more than three quarters of

concluded cases

* 78% of these convictions have resulted in imprisonment.

* Prosecutors have opposed bail in 83% of these cases, of which

69% have resulted in the accused being kept in custody pending trial.

* The average sentence of imprisonment passed for knife crime

prosecutions on indictment is more than 11 months.

The Solicitor General, Frank Mulholland QC, said:

"These figures send a clear message to those who carry knives or use knives to harm others. That message is simple: you risk going straight to prison and staying there for a long time. Anyone thinking of carrying a knife should think again. We will not be relaxing our robust prosecution policy."

Detective Chief Superintendent John Carnochan, Head of Strathclyde Police's Violence Reduction Unit, said:

"This lets persistent knife carriers know that not only are you more likely to be stopped and searched, but you can be kept in custody and remanded in prison to await trial."

"Carrying a knife is using a knife: by picking up a knife you have already committed that crime.

"We remain committed to primary prevention: ideally we would like a situation where no one even thinks about carrying a knife. But that kind of attitudinal change will take time, and until then the application of such robust practices and procedures are vital."

Notes to editors:

1. The previous Lord Advocate, Lord Boyd of Duncansby, commissioned

an internal review of prosecution policy on knife crime in November 2005. The new guidance to police and instructions to prosecutors in 2006 came as a result of that review.

2. The measures introduced to tackle knife crime provide that:

* 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;

* Prosecutors will oppose bail if an accused has one or more

previous conviction 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;

* Where an accused has a previous conviction for a similar offence

there is a presumption in favour of prosecution before a judge and jury.

3. These measures relate to cases where an accused has been charged

with any offence involving the possession or use of a knife including offences under sections 47 or 49 of the Criminal Law (Consolidation)

(Scotland) Act 1995:

* Section 47 makes it an offence to have an offensive weapon with

you in a public place without a reasonable excuse;

* Section 49 makes it an offence to have an article with a blade

or point (this aims at knives) with you in a public place without good reason. Other subsections of section 49 make it an offence to have a knife with you in a school or to have an offensive weapon with you in a school.

4. The Statistical Analysis covers the period 26 June 2006 until 31

December 2008.

We raised proceedings on petition against 641 accused. We opposed bail in 535 of these cases (83%). Out of those 535 cases, 367 people were kept in custody (69%)

Since the new policy came into force, we have reviewed a total of 572 concluded cases:

448 accused were convicted

A prison sentence was imposed in 349 cases where the accused was convicted (78%). The average prison sentence imposed was approximately

11 months, 16 days.

5 Further Conclusions: In cases where an accused was either found

guilty or pled guilty to a s.47 or 49 charge and was imprisoned, the period of imprisonment ranges from 2.5 months to three years.

6. Case of Patrick White

On 26th February 2009 at the High Court at Edinburgh, Patrick White (aged 28) was ordered to serve 5 years 8 months imprisonment (discounted from 7 years) after pleading guilty to stabbing two brothers in Paisley on 4 October 2008.

Speaking after the sentence, Mr Anthony McGeehan, District Procurator Fiscal for Paisley, said:

"Patrick White has today been sentenced to 5 years 8 months imprisonment for assaulting Andrew and Steven Welsh with a knife.

"These were vicious and unprovoked acts of violence. Patrick White admitted assaulting two brothers who were simply making their way home after a night out. He repeatedly stabbed them both, causing severe injuries that will leave them both scarred for life.

"The High Court heard that Patrick White has four previous convictions for carrying knives and weapons. This case sends a clear and powerful deterrent message to those who habitually carry knives and are prepared to use them to seriously injure innocent members of the public.

"We are in no doubt about the devastating impact that knife crime has on communities across Scotland. As prosecutors, we are absolutely committed to continuing to work closely with the police to ensure that those who persist in carrying and using knives to commit violent crime will face the consequences of their actions."

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