Crown Office and Procurator Fiscal Service

CROWN OFFICE AND PROCURATOR FISCAL SERVICE

NEWS RELEASE

29 May 2009

CARRYING A KNIFE FOR PROTECTION?

THE PUBLIC NEED PROTECTED FROM YOU

Strathclyde's four Area Procurators Fiscal came together today to make clear that knives kill - and will not be tolerated.

Figures released today show that tougher guidelines for police and prosecutors, introduced three years ago, are having a significant impact on continuing efforts to combat knife crime.

In Strathclyde, since the new guidelines were introduced in 2006:

· 478 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 all concluded cases

· 83% of those convicted have been jailed.

· Prosecutors have opposed bail in 85% of cases of knife carriers to be tried on indictment, of which 72% have been remanded in custody pending trial.

· The average sentence of imprisonment passed for knife possession cases on indictment is 13 months 24 days.

· Including less serious summary cases, the average sentence of imprisonment for possession of a knife increased from 161 days in 2006-07 to 217 days in 2007-08.

Lesley Thomson, Area Procurator Fiscal for Glasgow, said the tough approach towards knife crime will not be relaxed.

"These figures show a prison cell awaits you if you carry a knife. If you go out with a knife it could end up being used on you and we have seen all too many victims of knife crime in the mortuary. Carrying a knife means violence. It's stupid, cowardly and criminal. Think again."

John Watt, Area Procurator Fiscal for Argyll and Clyde, added that just carrying a knife increases the risk of injury, death and prosecution.

"If you carry a knife, you are just a rush of blood away from drawing and using that knife. When that happens, someone ends up injured or dead," he said.

"It is no excuse to say you're carrying a knife for your own protection. It is the public who need to be protected from you - and as prosecutors, that is our first priority. You will be prosecuted and face remand and a lengthy jail sentence, make no mistake about that."

Notes to editors:

1. This is the first time the four Area Procurators Fiscal of Strathclyde have held a joint media event. This reflects the seriousness with which the Crown Office and Procurator Fiscal Service takes the issue of knife crime as part of its commitment to help make the communities of Scotland safer places in which to live.

2. 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.

3.

¨ 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.

4. 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.

5. The Statistical Analysis covers the period 26 June 2006 until 27 May 2009.

Since the new policy came into force, we have reviewed a total of 427 concluded cases in Strathclyde:

332 accused were convicted (78%).

A prison sentence was imposed in 275 cases where the accused was convicted (83%). The average prison sentence imposed was 13 months 24 days.

6. The four Area Procurators Fiscal for Strathclyde, Lesley Thomson (Glasgow), John Watt (Argyll & Clyde), Geri Watt (Ayrshire) and Janet Cameron (Lanarkshire) were at the Glasgow Procurator Fiscal's office today to make clear the strong approach the Crown Office and Procurator Fiscal Service takes in relation to anyone carrying a knife. Also present were Campbell Corrigan (Detective Chief Superintendent, Strathclyde Police) and Karen McCluskey (ACPOS Violence Reduction Unit).

Contact: Communications 0844 561 3596 ; 07919590758

Internet: www.copfs.gov.uk