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It is inevitable that, being who I am, this blog will contain a fair bit of comment on legal matters, including those cases which come before me in court. However, it is not restricted to such and may at times stray ‘off-topic’ and into whatever area interests me at the time.

All comments are moderated but sensible and relevant ones, even critical ones, are welcome; trolling and abuse is not and will be blocked.

Any actual case that I have been involved in, and upon which I may comment, will be altered in such a way as to make it completely unidentifiable.





Saturday 18 February 2012

Knife Crime

I came across this web site yesterday

http://www.knifecrimes.org/

and was quite disturbed to read that West Yorkshire had, in 2007/08, the forth worst incidents of knife crime in the UK after the mass urban conurbations of Greater Manchester, the West Midlands and the London Metropolitan Police Area.

Following the Court of Appeal's decision in R vs Povey, McGeary, Pownall and Bleazard [2008], generally known as 'Povey', the lowest level of knife crime ie possession of a bladed instrument, not in dangerous circumstances and not used to threaten or cause fear, should result in a 12 week prison sentence for a first-time offender who has pleaded guilty.
Any more serious case should be sent to the Crown Court for sentence.

Magistrates, if they will only apply this Court of Appeal guidance, have a crucial role to play in sending out a clear message that simply to carry a knife, which always has with it the danger that it will be used, however inadvertently, will result in a prison sentence.

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