Written question asked by James Clappison (Conservative) on Monday, 7 July 2008, in the House of Commons. It was due for an answer on Thursday, 10 July 2008. It was answered by Jack Straw (Labour) on Monday, 14 July 2008 on behalf of the Ministry of Justice.

Offensive Weapons: Sentencing

Question: To ask the Secretary of State for Justice what plans he has to amend the sentencing guidelines for magistrates courts for offences of possession of an offensive weapon due to commence on 4th August 2008.

Answer: The revised Magistrates Courts Sentencing Guidelines are the responsibility of the independent Sentencing Guidelines Council, operating within the sentencing framework laid down by Parliament. The Court of Appeal, which has a crucial role in interpreting the law—has recently made clear—Sir Igor Judge's judgment in the case of R v. Povey and others—that possession of a knife is ““a serious offence and it should be treated with the seriousness it deserves””. The guidelines give ample scope for the courts to do this.The Government's concerns about knife crime are reflected in the fact that last year we doubled the maximum sentence for possession of a knife to four years. In addition, my right hon. Friend the Prime Minister announced on 5 June an end to cautions for knife possession—replacing it with a presumption to prosecute. Anyone over the age of 16 caught in possession of a knife can expect to be prosecuted on the first offence rather than cautioned.

Secondary information