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24 August 2021

Knife Crime Prevention Orders

7 mins

The Home Secretary, Priti Patel, has announced the latest in the government’s crime agenda – Knife Crime Prevention Orders (KCPOs). The new pilot with the Metropolitan Police Service started on 5 July 2021 and will last for 14 months; following this, there are plans to roll them out across forces in England and Wales.

KCPOs are provided for by the Offensive Weapons Act 2019. The government’s stated intention is to prevent young people from carrying knives and becoming involved in serious violence.

A KCPO can only be made against someone aged 12 or over. There are two circumstances in which an application can be made:

  1. When a person has not been convicted of an offence, but is considered to be at risk of becoming involved in knife crime;
  2. when a person has been convicted of a relevant offence. 
Application for a KCPO

An application for a KCPO can only be made by:

  1. A relevant chief officer of the police
  2. The chief constable of the British Transport Police
  3. The chief constable of the Ministry of Defence Police

If the defendant is under the age of 18, the person intending to make the application must consult the relevant (where the defendant lives) Youth Offending Team (YOT) before making it.

An application for an interim KCPO can be made without giving notice of it to the defendant. This can be made only in exceptional or urgent circumstances and the applicant would need to produce evidence to the court as to why such an application is necessary – usually to prevent imminent harm or absconding.

Following such an application, the court must do one of the following:

  1. Adjourn the proceedings and make an interim KCPO
  2. Adjourn the proceedings without making an interim KCPO
  3. Dismiss the without notice application

The court can only make an interim KCPO if it thinks that it is ‘necessary’ to make it in order to:

  1. Protect the public generally, or particular persons (including the defendant) from the risk of physical or psychological harm involving a bladed article
  2. Prevent the defendant from committing an offence involving a bladed article

The court must then adjourn for a full hearing, for the defendant to attend.

If the defendant is under 18, before the date of the full hearing, the applicant must consult the relevant YOT. 

KCPO without a previous conviction

A court may make a KCPO against a person if the following conditions are met:

  1. Someone has applied for a KCPO
  2. The court is satisfied that, on the balance of probabilities, on at least two occasions in the last two years, the defendant had a bladed article with them without good reason or lawful authority:
    1. in a public place
    2. on school premises
    3. on further education premises
  3. The court thinks it is necessary to make the KCPO:
    1. to protect the public from the risk of harm involving a bladed article
    2. to protect any particular members of the public (including the defendant) from such a risk
    3. to prevent the defendant from committing an offence involving a bladed article

What does ‘good reason’ mean?

A person has good reason for having a bladed article with them if they have it:

  1. For use at work
  2. For education purposes
  3. For religious reasons
  4. As part of any national costume
KCPO following a conviction

If the defendant has been convicted of an offence committed after 5 July 2021, and the court dealing with the defendant in respect of that offence is satisfied on the balance of probabilities that the offence is a ‘relevant’ one, then the court may make a KCPO, provided the conditions below are met.

What is a ‘relevant offence’?

An offence is relevant if:

  1. It involved violence
  2. A bladed article was used by the defendant, or anyone else, in the commission of the offence
  3. The defendant, or another person who committed the offence, had a bladed article with them when the offence was committed

The conditions

The following conditions must be met:

  1. The prosecution applies for a KCPO
  2. The court thinks it is necessary to make the KCPO:
    1. to protect the public from the risk of harm involving a bladed article
    2. to protect any particular members of the public (including the defendant) from this risk
    3. to prevent the defendant committing an offence which involves a bladed article

If the defendant is under the age of 18, the prosecution, prior to making the application, must consult the relevant YOT. 

What requirements can be imposed with a KCPO?

The court can impose requirements which order the defendant to be at a particular place on any day/days, to go to a particular person at a place between particular times on particular days, or to participate in particular activities.

‘Particular activities’ include participation in programmes such as counselling, drug/alcohol rehabilitation, mentoring, and training/education courses.

A KCPO may also prohibit a defendant from being in a particular place, being with particular people, participating in particular activities, using particular articles or having those articles with them, and from using the internet to facilitate or encourage crime involving bladed articles.

Any requirements imposed must avoid, so far as practicable, any conflict with the defendant’s religious beliefs, any interference with their work or attendance at an educational institution.

How long can a KCPO last?

A KCPO will take effect on the day it is made, and must specify the period for which it is to have effect. This period must be of at least six months and cannot last longer than two years.

What happens on breach of a KCPO?

Breach of a KCPO is an offence. If a person is convicted, this is punishable in the Magistrates’ Court by a prison sentence of up to 12 months, and/or a fine. In the Crown Court, the offence is punishable by a prison sentence of up to two years, and/or a fine. 

Variation, renewal or discharge of a KCPO

Any of the following people can apply to the court to vary, renew or discharge a KCPO/an interim KCPO:

  1. The defendant
  2. The chief officer of police for the area in which the defendant lives
  3. A chief officer of police who believes that the defendant is in, or is intending to come to, to their area
  4. The chief officer by whom the application for a KCPO was originally made (if different to 1. or 2. above)
  5. The chief constable of the British Transport Police, if the application for a KCPO was made by them
  6. The chief constable of the Ministry of Defence Police, if the application for a KCPO was made by them

Before deciding an application to vary, discharge or renew, the court must hear the person making the application, and any of the other persons listed above who wish to be heard.

The court may make any order varying, renewing or discharging the KCPO/the interim KCPO that it thinks appropriate.

The court may not discharge a KCPO before the end of the six month period beginning with the day on which it took effect, without the consent of the defendant and the relevant chief officer of police.

There does not yet appear to be any information or data relating to the number of KCPOs that have been applied for and granted, or the requirements imposed.

How we can help

Our Criminal Defence team can advise you in relation to KCPOs. If you have any questions about this, complete our enquiry form here or call the direct line number to speak to our specialist team on +44 (0)20 7014 2020, or in the case of an emergency, on +44 (0)20 7305 5638 for our out of hours police station assistance.

We will discuss your case with you during a preliminary consultation and advise you on the nature of any police investigation, or the case against you if you have been charged.

How can we help you?

We are here to help. If you have any questions for us, please get in touch below.