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Courts sending clear message on knife possession
09/03/2010
Average jail sentences for handling an offensive weapon have risen to more than eight and a half months, according to new statistics released today.
The Criminal Proceedings in Scottish Courts statistics show that average custodial sentences for handling an offensive weapon have risen 21 per cent in 2008-09 and are now double the level they were in 2005-06. This means that jail terms for knife carrying have now increased by almost two-thirds over the past two years.
Justice Secretary Kenny MacAskill said the sentences being handed down should be a wake up call to young men and women - showing that the courts are treating the offence with the seriousness it deserves.
Today's statistics also revealed that the average length of prison sentences for all types of crimes in Scotland have increased. They rose by five per cent in 2008-09 and are now at their highest level in a decade.
A total of 66 per cent of offenders had at least one prior conviction according to the statistics.
The statistics also show an ageing offending population last year. In 2007-08, 21 per cent of offenders were under age of 21, in 2008-09 it was 19 per cent. In 2007-08, 43 per cent of offenders were over the age of 30, in 2008-09 it was up to 45 per cent.
Mr MacAskill said:
"Far too many lives are lost and people injured though mindless acts of violence - often because of the knife culture that blights too many communities. That is why we are working to change the culture of violence in Scotland through education and tough enforcement.
"We are taking tough action on those who carry and use knives, doing more than ever before. We've seen jail terms for knife carrying increase by almost two-thirds over the past two years and we've delivered a record number of police officers - a thousand extra - to catch offenders, with recorded crime in Scotland now at its lowest level for nearly 30 years.
"Courts have been given powers recently to impose four year sentences just for carrying a knife, while our proposed Sentencing Council can take a considered look at sentencing for knife offences - taking into account the views of the public, victims, and police.
"It is for the courts to decide on what sentence to impose based on the evidence before them, but anyone using a knife can expect to go to jail. The courts have the powers needed to impose substantial sentences of up four years for possession so, if a court weighs up the circumstances and decides that a four-year sentence is appropriate, they should go ahead and impose it.
"Whether it's a totally misguided person who thinks a knife gives extra protection, or a mindless thug with violent intentions, today's statistics should be a wake up call.
"If you use a knife, you will be punished and you will face a lengthy prison sentence.
"For all other types of crimes, courts are also getting tougher with average sentences now at their highest level for more than a decade and that is to be welcomed. Serious and dangerous criminals can be left in no doubt that they will be punished and they will go to prison."
The Police are focusing their efforts on identifying and pursuing individuals whom intelligence suggests are weapon carriers or a potential danger to the public. This is the approach that has led to more than 2,000 knives being taken off our streets over the past two years.
The Scottish Government is also working to change the culture around violence in Scotland - the innovative No Knives, Better Lives initiative is working directly with young people to explain the dangers and consequences of carrying a knife. In January, a new phase of the campaign coincided with figures showing a drop in the number of youths found carrying knives in the areas where the campaign was operating.
The Scottish Government has almost doubled the funding of the Violence Reduction Unit, and has also put £1.8 million towards tackling gang violence - something which had no dedicated funding prior to May 2007. This money is supporting initiatives including one based on the successful model that's been used to reduce gang violence, gun and knife crime in the USA.
Mandatory sentences for knife carrying are not supported by leading police officers such as the Chief Constable of Strathclyde Police Stephen House, the Chief Constable of Lothian and Borders, and the head of the national Violence Reduction Unit Detective Chief Superintendent John Carnochan.
The Criminal Justice and Licensing (Scotland) Bill currently going through the parliamentary process proposes creating a Scottish Sentencing Council to ensure greater transparency and consistency in the sentencing process. It will create a broad, understandable framework within which sentencers will be expected to operate but without removing their discretion to pass sentence in individual cases as they see fit, based on the facts and circumstances of the case before them. The document also includes proposals aimed at giving the public the opportunity to contribute to the development of draft sentencing guidelines before they are finalised.