05/06/23

Underage Sale of Knives | New Sentencing Guidelines

Share

In recognition of the continuing increase in offences involving the use of knives, the Government has published, via the Sentencing Council, two new Sentencing Guidelines (‘the New Guidelines’); one for sentencing organisations and one for sentencing individuals.

The New Guidelines cover one offence of selling knives etc to persons under the age of 18 contrary to s.141A of the Criminal Justice Act 1988 and are designed to ensure adequate safeguarding to prevent the sale of knives both online and in retail stores.

They do not apply to offences of a more serious nature such as those involving large quantities of knives or the deliberate or reckless marketing of knives to children.

The New Guidelines took effect from 1 April 2023.

Suki Randhawa, one of Kangs Senior Solicitors, outlines below this new framework as it relates to organisations.

If you require expert legal advice upon any aspects of criminal law, including that of knife crime, please do not hesitate to contact us.

Kangs Solicitors is recognised as one of the leading criminal defence firms in the country and is top ranked in both the leading legal directories, Chambers UK and the Legal 500.

For an initial no obligation discussion, please contact our team at any of the offices detailed
below:

0207 936 6396

0121 449 9888

0161 817 5020

07989 521210

London

Birmingham

Manchester

24 Hours number

The New Sentencing Framework for Sales by Organisations

The offence will be summary only, triable before a Magistrates’ Court, where the maximum penalty will be an unlimited fine.

Factors which the courts will consider include Culpability and Harm.

Culpability

Culpability falls into three categories:

Category A: High culpability

This category caters for offenders:

  • failing to put in place appropriate measures to prevent underage sales,
  • failing to act on concerns raised by employees or others,
  • falsifying of documents,
  • failing to make appropriate changes following advice and/or prior incidents.

Category B: Medium culpability

This will be applicable where:                     

  • systems were in place but not sufficiently adhered to or implemented,
  • other cases where culpability falls between the factors as described in A and C.

Category C: Lesser culpability

  • Offender makes significant efforts to prevent underage sales where not amounting to a defence.

Harm

The harm caused by the offence relates to the risks, both to themselves and to others, as well as the wider community, associated with children and young people being in the possession of knives.

There is just one level of harm, as the same level of harm is risked by any such sale to a person aged under 18. 

Sentencing Starting Points

Having determined the category of the offence, the court will then have to consider the Starting Point for determining the level of fine which, inter alia, applies to all offenders irrespective of any plea or previous convictions.

Organisations are categorised as being ‘Large’, ‘Medium’, ‘Small’ and ‘Micro’, according to turnover, as shown below, or equivalent.

The range of fines which can be imposed is enormous.

For example, the Starting Point for fine levels for an offence deemed to be of Culpability A varies as follows:

  • Large organisation: turnover £50 million plus – starting point £400,000.    
  • Medium organisation: turnover between £10 and £50 million – starting point £200,000.
  • Small organisation: turnover between £2 and £10 million – starting point £50,000.
  • Micro organisation: turnover of not more than £2 million – starting point £12,500.

Adjustment of Fine

Once it has decided upon a fine level, the court will consider other factors which may justify adjustment outside the category range to ensure that it achieves:

  • the removal of all gain
  • appropriate punishment
  • deterrence

Official Comment

Lord Michael Bichard, Chair of National Trading Standards, said:

‘Knife crime causes devastation in local communities and blights many young lives. Consistent sentencing rules are important when action is taken against those who sell knives to children. Trading Standards strongly support this move by the Sentencing Council to seek to achieve this important outcome.’

How Can We Help?

If you are facing investigation, or anticipate that you may well do so, in respect of any criminal allegation our Team will be able to assist you.

We are available by way of 24/7 emergency call out in respect of situations to provide assistance if you need to attend the Police Station, Magistrates’ Court or Crown Court.

We provide help and answer enquiries by telephone or email and provide initial consultation at our offices in London, Birmingham or Manchester.

Alternatively, we provide initial consultation by telephone or video conferencing.

Contact us:

Sukhdip Randhawa

Email Sukhdip

0121 449 9888

020 7936 6396

0161 817 5020

Helen Holder

Email Helen

0121 449 9888

020 7936 6396

Criminal Litigation
A Zombie Knife, also known as a ‘Zombie Killer’ or a ‘Zombie Slayer Knife’ is defined within section 141 of the Criminal Justice Act 1988 as being a blade with: In a previous article, we explained that whilst possession of a Zombie Knife had been made illegal in 2016, sales continued. Even with the increase […]
23/04/24
Criminal Litigation
As part of the Criminal Court Appeals procedure a convicted offender may appeal against conviction, sentence, or both, in England and Wales, on a number of grounds depending upon the particular circumstances of each case. Whilst there is a readily available entitlement to lodge an Appeal, the process can be complicated, will be dependent upon […]
22/04/24
Criminal Litigation
As part of the Criminal Court Appeals procedure a convicted offender may appeal against conviction, sentence, or both, in England and Wales, on a number of grounds depending upon the particular circumstances of each case. Whilst there is a readily available entitlement to lodge an Appeal, the process can be complicated, will be dependent upon […]
17/04/24

Get in touch