Prosecutors should recognise that carrying an offensive weapon, or a knife, or a bladed/pointed article is a serious offence. The unlawful provision and possession of all weapons encourages violence and can cause serious injury and death in addition to facilitating other criminal offences.
Where the evidence discloses that the defendant has used a knife to cause injury/threaten violence/cause fear, or has carried a knife in a way which contravenes a possession offence, there will be a number of compelling public interest factors in favour of prosecution which should be accorded proper weight. These include the following:
a conviction is likely to result in a significant sentence;
a weapon was used or violence threatened during the commission of another offence;
the offence is widespread in the area where it was committed;
the offender was a ringleader.
Passi & Patel - Lawyers in Association
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