June 17, 2009: Knife Murder Prison Term Review

Justice Secretary Jack Straw has stated that he will review the starting point from which judges set the minimum prison term for murder using a knife.  He will consult with the Senior Judiciary and Sentencing Guidelines Council, and is willing to receive the views of all interested parties.

The mandatory sentence for anyone convicted of murder is life imprisonment. It is up to the trial judge to decide the minimum period that needs to be served before the offender can be considered by the Parole Board for release.

Schedule 21 of the Criminal Justice Act 2003 outlines that the starting point for murder using a knife is currently 15 years and the starting point for murder involving the use of a firearm is currently 30 years. But judges may go up or down from the starting point according to the circumstances of the case. An offender will only be released after serving the minimum period if the Parole Board, after a thorough safety assessment, considers he is safe to be released.

The Justice Secretary told Parliament that he thought there was a case to increase the starting point and would now consult with the judiciary and others. He will examine whether the starting point for murder using a knife should be increased from the current 15 years and brought in line with the 30 year starting point for murder involving the use of a firearm.

The issue was raised by the family of Ben Kinsella following the sentencing of his murderers on Friday 12 June. Mr Straw said:

‘The loss of a loved one in any circumstances is heart-breaking. That is why we are determined to do everything in our power to tackle the menace of knife crime on our streets. The message must be clear that if you are caught with a knife, there are serious consequences.'

‘We have already significantly strengthened the sentencing system – doubling the maximum sentencing for carrying a knife, introducing tougher penalties for youths caught with a knife or offensive weapon and making it clear that anyone aged 16 or over caught in possession of a knife can now expect to be prosecuted on the first offence.'

‘While sentencing is, and must remain, a matter for the courts, latest figures show that more and more people are going to jail for carrying knives, and longer and tougher sentences are being handed down.’

The Tackling Knives Action Programme has also recently been extended to encompass a range of police forces across England and Wales. Alongside this there is also a strong focus on prevention. The government is working with retailers nationwide to prevent the sale of knives to under 18s and has given teachers new powers to search for knives at school. This goes hand-in-hand with educational work to convince teenagers that carrying a knife does not make them safer – it actually puts them in more danger as their knife could well be used to hurt them.

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