THE GOVERNMENT'S APPROACH TO GUN
AND KNIFE CRIME
152. The Government has introduced a series of laws
which have been designed to tackle gun and knife crime. The Firearms
Act 1997 banned the private ownership of all cartridge ammunition
handguns; the Criminal Justice Act 2003 established mandatory,
five-year minimum sentences for the illegal possession of a prohibited
firearm; and the Anti-Social Behaviour Act 2003 made it an offence
to be in possession of an imitation firearm or air gun in public,
banned the sale, manufacture and import of guns that use self
contained gas cartridge systems, and raised the minimum age of
purchase for air guns to 17. The Violent Crime Reduction Act 2006
raised the maximum penalty for possession of a knife in a public
place without good reason from two years to four years, introduced
tougher sentences for carrying imitation firearms, introduced
a new offence of using another person to hide or carry guns, and
increased the age limit for buying a knife, air weapon or crossbow
to 18.
153. According to the Home Office, those prosecuted
for carrying knives are almost three times as likely to go to
prison now as they were 10 years ago (6% were given prison sentences
in 1996, 17% in 2006), and the average sentence length has increased
by almost a third over the same period.[183] However,
the Sentencing Guidelines Council has issued guidance to magistrates'
courts that a sentence for possessing a bladed article should
begin at a band C fine. The Minister of State agreed with us that
this is not an appropriate sentence.[184]
154. Anyone caught carrying a knife illegally is
now likely to face criminal charges as of June 2008. Previously
police tended to charge only over-18s while younger teenagers
were given a caution, if their first offence. There have been
similar criticisms over gun crime: in 2005, only 40% of people
convicted of being in possession of a firearm received the minimum
jail term.[185]
155. £5 million of additional funding has been
pledged by the Home Office for the Metropolitan, West Midlands,
Greater Manchester, Merseyside, Lancashire, Essex and Thames Valley
police forces to support increased use of searches in intelligence-led
operations, fast-tracking the 'knife referral project' in which
all young people convicted of a knife offence are taught the consequences
of knife crime, and home visits and letters to parents of young
people known to carry weapons.[186]
156. The police approach has focused on increased
use of intelligence-led searches. Operation Blunt 2, a targeted
initiative to tackle knife crime through use of stop-and-search
within high-risk areas, resulted in over 1,200 people being arrested
by the Metropolitan Police on suspicion of possessing weapons
and other suspected knife-related crimes between 19 May and 29
June 2008, and a total of 528 knives were recovered as a result
of 26,777 searches.[187]
The Minister of State commended police in London and Liverpool
for "setting up in an area with search warrants, knife search
arches and really bearing down on an area, based on intelligence—it
works and works very, very effectively" and said he would
encourage other forces to adopt this approach where there is a
problem.[188]
157. The Street Weapons Commission were impressed
by close working between the police and local authority in Hackney
to combine enforcement activity with efforts to provide alternatives
for young people. Mr Black told us that: "All the committee
were very impressed with Hackney where they sit down and say,
'It is that person and that person who are causing the trouble
in this borough, so we are going to target them and let them know
we are all over them'".[189]
158. Chief Superintendent Dann has ten officers dedicated
full-time to Operation Curb, targeting around 20 offenders, supported
by an intelligence team linking in with youth offending and other
teams. However, he emphasised how difficult and resource-intensive
it was to identify and monitor those 20 offenders: his officers
made 122 visits in six months to home addresses.[190]
159. We learnt on our visit to Moss Side that this
approach of targeting key offenders, coupled with diversionary
activities provided in partnership with the local authority and
other agencies, has also been successful in tackling gang-related
gun crime. At the time of our visit in July, there had been no
gang-related firearms discharges in the division since Operation
Cougar began on 14 February 2008, whereas since 2003 there
had been at least one every month, with 51 occurring in total
in 2007/08.
160. This level of success has been achieved through
a combination of approaches, which the division considers to be
sustainable. Officers have carried out a high number of stop and
searches under Section 60 of the Criminal Justice and Public Order
Act 1994, which gives them the right to search people in a defined
area at a specific time when they believe, with good reason, that
there is the possibility of serious violence or that a person
is carrying a dangerous object or offensive weapon. 909 had been
carried out as of 30 June, resulting in 148 arrests.[191]
They know exactly who the gang members are and where they live,
and are 'in their faces'. Dedicated resources for diversion activities
have been provided, in partnership with the Youth Service, and
this period of high enforcement has also marked the highest take-up
in terms of education and diversionary activities. In addition,
the police adopted a more supportive approach to parents: letters
were sent to over 30 parents outlining police concerns about their
children's activities, and by and large, parents have been willing
to work with the police. Those who are unwilling have been subject
to parenting orders.
161. We explored a concern that police officers who
stop people for non-arrestable minor offences, on discovering
that they have recent convictions for knife and gun carrying may,
technically, be unable to search them. Chief Superintendent Dann
considered there is sufficient room for flexibility within the
current legislation and that officers must also take care to avoid
damaging relations between the police and local communities.[192]
162. During our inquiry we heard a great deal of
evidence on all aspects of knife crime, including prevention and
early intervention measures, and sentencing. We were particularly
struck by Chief Superintendent Dann's assertion that " by
the time we [the police] become involved … it is too late".[193]
We decided to launch a separate inquiry into knife crime to begin
in autumn 2008.
163. The evidence we heard on knife-crime convinced
us of the value of undertaking an inquiry devoted to that subject,
which will commence in the autumn. We do, however, make a series
of initial recommendations here, based on the evidence we have
taken in this inquiry.
164. We were impressed by successful approaches
in Hackney and Moss Side which combined focused, intelligence-led
campaigns against key offenders with diversionary activities to
tackle knife and gun crime respectively. We recommend that the
additional funding provided by the Government to tackle knife
crime is used to replicate this approach.
165. The power to search for weapons, where used
appropriately, is a key tool in tackling knife-crime. We recommend
that police officers are given clearer guidance as to when they
may search those they have stopped for non-arrestable offences
for weapons, upon discovery of any recent convictions for carrying
a knife or gun.
166. We are concerned at evidence suggesting that
many who are convicted of being in possession of a firearm do
not receive the minimum jail term, and that very few teenagers
found in possession of a knife receive appropriate sentences.
Possessing a weapon is a very serious offence. We recommend that
the Home Secretary asks the Sentencing Guidelines Council to revisit
their guidelines for knife and gun offences to ensure this is
properly reflected.
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