This item was published during the term of a previous administration that ended in April 2007
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New guidelines on knife crime
22/05/2006
New measures to combat knife crime, described as 'a combination of deterrent and punishment', were announced today ahead of a month long amnesty which begins on Wednesday.
At a Violence Reduction Unit Seminar in Edinburgh, Lord Advocate Colin Boyd QC explained that the new measures were based on an internal review of prosecution policy on knife crime commissioned last year.
They relate to:
- how and when cases are reported by the police to Procurators Fiscal
- the question of bail
- decision making by prosecutors, particularly in relation to the appropriate choice of court
Mr Boyd said:
"I have issued new guidance to the police, and instructions to Scotland's prosecutors, setting out a number of measures which I believe are necessary if we are to be successful in tackling knife crime.
"Anyone caught carrying a knife, whether they have used it in a separate offence or not, will be arrested and kept in custody pending their appearance in court. This way, communities can have confidence that those who carry, or use, knives on our streets will be swiftly dealt with.
"When individuals appear in court prosecutors will oppose bail if he or she has one or more previous convictions involving possession or use of a knife. Bail will also be opposed if an accused has a previous conviction for an offence of violence which resulted in a custodial sentence.
"When prosecutors are deciding on the appropriate court for proceedings, where an accused has a previous conviction for a similar offence there will be a presumption in favour of prosecution before a judge and jury.
"As the Minister for Justice has made clear, we will provide people with the opportunity to surrender their knives. But where people do not take this opportunity and persist in carrying a knife they will face the consequences.
"I believe the role that prosecutors can play is a key one and these reforms strengthen the effectiveness of that role. Success will only be achieved through a shared vision and by true partnership. The challenge is great but our resolve must be greater.
"The people of Scotland expect us to tackle the issues that make a difference to the quality of life in local communities, and that is what we must do. We must give our young people the incentive and the confidence to end the knife culture. We must build strong communities, free from the fear of violence."
The knife amnesty will run from May 24 to June 30 and the measures announced today will come into effect at the conclusion of the amnesty.