Knife crime blitz starts

Courts can now impose four-year sentence

ANYONE caught carrying a knife in Scotland’s town and city centres will face tougher penalties from today as a zero-tolerance policy is rolled out across the country.

The move, which will see maximum sentences raised from one year to four, follows the success of a pilot scheme over the festive period that saw an 18% fall in knife crime and revealed that one-third of blade offences occur in town and city centres. It comes after high-profile campaigns by families such as that of 19-year-old student Reamonn Gormley, who was stabbed to death in Blantyre last year by Daryn Maxwell, 23, who was on bail at the time of the attack.

Lord Advocate Frank Mulholland, who has voiced his opposition to mandatory sentences for carrying knives, said the zero-tolerance approach would become a “permanent part” of Scotland’s prosecution policy.

He said the results from the trial were “very significant”, with 212 people caught carrying knives compared with 257 in the same period last year.

He added: “As I said at the outset of the crackdown, success can be measured by the prevention of just one act of violence.”

CRIMINALS carrying knives in urban centres face a zerotolerance approach with maximum sentences raised from one year’s imprisonment to four.

The move by the Lord Advocate follows high- profile campaigns by families such as that of Reamonn Gormley, a 19-year-old student stabbed to death in Blantyre last year by Daryn Maxwell, 23, who was on bail at the time of the attack.

The zero-tolerance approach was piloted across Scotland for six weeks over the festive period – between December 12, 2011, and January 23 this year – and saw an 18% reduction in knife crime.

The results also show that almost a third of knife crime and knife carrying took place in town and city centres.

From today, anyone caught with a knife in town and city centres will be prosecuted before a sheriff and a jury, allowing greater sentencing powers with the increase in the maximum term.

The Lord Advocate Frank Mulholland said he was opposed to mandatory sentences for carrying a knife, but the zerotolerance approach had helped bring about a “very significant” reduction in knife crime.

During the pilot, 212 people were caught carrying knives – 64 of them in a town or city centre – compared to 257 in the same period last year.

Mr Mulholland said: “We said anyone caught with a knife in the town centre would be prosecuted on indictment over the festive period and we said we would review the results of that. Interestingly, it has resulted in an 18% reduction in knife crime over that period. That is very significant.

“Thirty per cent of all of knife crime – possession of knives and assaults involving knives – took place in town and city centres.

“That is from the data over that six-week period and that is further reason for announcing

‘‘ Drink-driving is no longer acceptable and neither is racism... and now knife carrying is no longer socially acceptable too

that instead of a pilot this will be policy.”

He added: “My son is 13. It’ll be a worry when he goes out in the town centre. You want to make these places safer if you can.”

Earlier this year, The Herald revealed that crimes involving offensive weapons in Scotland had fallen by almost 40% in the past five years. In 2006-7, there were 10,110 recorded crimes for offensive weapons in Scotland, compared with 6283 in 2010-11.

At the same time, a number of policies have been introduced to tackle knife crime. From June 2006 someone charged with possession of a knife was tried on indictment if they had been imprisoned before.

Prosecutors and police also focused on gangs: from July 2011 anyone caught with a knife on licensed premises or on public transport was prosecuted on indictment if they had been involved in gangs.

The Lord Advocate told The Herald: “The reduction [in crimes] is down to many things, including the strength of the prosecution policy – chances are you might end up in jail – and the huge amount of publicity from victims, the police, campaigners, prosecutors, the media.

“Drink-driving is no longer socially acceptable and neither is racism and we’re seeing that knife carrying is no longer socially acceptable.”

Although a number of campaigners and politicians have called for mandatory knife sentences, Mr Mulholland is opposed to such a move.

“I’ve never been a fan of mandatory sentences,” he said. “Tough sentences yes, but not mandatory, because there will always be exceptional cases.”

Ministers are now looking at ways to allow judges to impose sentences on knife criminals that run consecutively instead of concurrently and at whether those who offend while out on licence – like Maxwell – can be given tougher sentences.

Justice Secretary Kenny Macaskill said: “These are welcome new guidelines from the Lord Advocate which mean even more of these offenders will face the toughest of sentences.”

It is a sad fact that many people cannot walk through a Scottish town or city centre after dark without the nagging fear of meeting someone carrying a knife. Scarcely a weekend goes by when there is no news of one or more stabbings in towns and cities, almost always involving young men and often drugs and/or alcohol. For many young men, it is an ever-present anxiety, the fear that one day they may find themselves in the wrong place at the wrong time.

So it is very good news that the Lord Advocate has issued new guidelines under which anyone arrested with a knife will be prosecuted before a sheriff and jury, and could face a maximum prison term of four years instead of one. Disputes, aggressive behaviour and anger at perceived slights only escalate when drugs and alcohol are involved so taking knives out of the equation can only help reduce the opportunity for stabbings to occur. A pilot scheme last year trialling the new policy had very promising results in deterring knife crime so it is right that that it is now being rolled out across Scotland.

Although gun crime has never been as prevalent as knife crime, gun ownership has come under strict control in Scotland. A similar crackdown on knife ownership, however, would be far less workable; tackling the booze-and-blades culture that is so pervasive among certain groups requires a more complex and multifaceted approach.

Important work has been ongoing for several years, carried out by the Violence Reduction Unit, the charity Medics Against Violence and the knife crime education campaign No Knives, Better Lives, among others. Those efforts are bearing fruit: according to the Scottish Government, there has been an 11% reduction in crimes involving offensive weapons in the last year, a fall of more than a third (38%) since 2006-07. That, however, does not mean the problem is solved: homicides involving knives are at their highest since 2004. It is crucial, therefore, to maintain momentum in the drive against knife crime.

Does that mean mandatory sentences for carrying a knife, as the Labour Party has long supported? The Lord Advocate has stopped short of supporting such a move and on balance he is probably right; while such a measure would be attractive as a deterrent, removing discretion over sentencing carries the risk of forcing the imposition of an unjust sentence in circumstances where there are genuine mitigating circumstances.

What is needed is a continuing package of measures attacking this problem from all sides. The latest measure is a welcome part of that and a sign that the drive against knife crime continues.