Third of repeat knife crime offenders avoid jail despite legal rule

REPEAT knife crime offenders are being spared jail in a third of cases despite new “two strike and out” laws requiring immediate prison terms

Ministry of Justice (MOJ) figures showed 35 per cent avoided an immediate custodial sentence despite the Criminal Justice and Courts Act 2015, which requires courts to impose a jail term “unless it would not be in the interest of justice to do so.”

They were instead given suspended sentences, community service, fines, cautions or conditional discharges.

Harry Fletcher, director of the Victims’ Rights Campaign, said: “It is a wrong and mixed message to give to victims when the Government has repeatedly stated that people charged with carrying knives on more than one occasion would face immediate custody. The Home Office needs to investigate why this is happening as a matter of urgency.”

The MOJ says that since the Act was passed, the proportion given immediate jail sentences has risen from 48 per cent to 65 per cent, with a further 18 per cent given suspended sentences. The length of sentences has risen from 7.1 to 7.9 months.

Officials said offenders may have been let off for pleading guilty and circumstances where there may not have been a threat of violence and custody was not justified. The disclosure came as figures also showed that the number of knife and dangerous weapons offences have risen to 22,306 in the year to June, its highest since 2010 and a rise of five per cent on last year.

The number of first-time knife crime offenders has risen by 25 per cent in the past five years, up from 11,429 in the year ending June 2014 to 14,235 in 2019.

The number of offenders who have committed more than one knife crime has also risen by almost 25 per cent, from 3,873 last year to 5,774 this year. Overall, 38 per cent of the offences to the end of June (8,446) resulted in an immediate custodial sentence, compared with 23 per cent for the same period in 2009.

Suspended sentences, at 4,326 cases, was the highest rate since records began. Figures also showed rising rates of cautions and community sentences.

Chris Philp, Justice Minister, said: “For those caught carrying a knife, these figures show you’re more likely to be sent to prison – and for longer – than at any time in the last decade.”

Javed Khan, chief executive of Barnardo’s, the children’s charity, said: “Tough sentences are part of the solution, but we need to tackle the root causes and understand why those involved carry knives. Often it’s because they’re facing poverty of hope – a future with no qualifications, no job prospects and no role models, making them vulnerable to gangs who coerce them to carry knives and deliver drugs.”