The new guidelines include acid as a type of offensive weapon and the wording of the guidelines suggests that acid (or other corrosive materials) are seen as “a highly dangerous weapon”. The argument being that if someone has it in their possession without a legitimate reason, their intention must either be to use or threaten to use it on someone, causing that person potentially life changing injuries.
According to these guidelines, there will be a significant increase in custodial sentences that are recommended as starting points for those caught in possession of an offensive weapon.
One example of this is if an individual who is 18 years old is found to be in possession of a bladed article whilst at school/college, they are liable to receiving a sentence of 18 months in prison. This headline figure is a starting point and does not take into account mitigating factors, but it highlights the significant increase in punishment as the current sentence is closer to 6 months.
The guidelines make it clear that the minimum statutory sentence must be adhered to, except when the circumstances of the offence or that of the offender make this term ‘unjust in all of the circumstances.’ At which point the court must either propose a shorter sentence or an alternative penalty.
These guidelines are not intended to change the way offenders are sentenced when they are charged with using an offensive weapon. This offence comes under wounding with/without intent, or if there was a homicide, a murder or manslaughter charge. These cases are dealt with at the Crown Court.
The Sentencing Council have introduced these guidelines to deter young people from carrying weapons by sending out a very public message that if you are in possession, you are going to prison.
Author, Nicholas De Freitas, is Director of Crime at Duncan Lewis’ Harrow branch. Nicholas has extensive expertise in all criminal matters, representing both private and legal aid eligible clients. As a Higher Rights Advocate, he has experience in a wide range of criminal proceedings and he has acted as Junior Counsel in a number of murder cases and complex fraud trials.
For expert advice, call Nicholas on 020 3114 1150 or email him at [email protected].
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