Knife crime to rank with murder and rape under new rules

Juveniles who carry a knife unlawfully will be ranked alongside child murderers and rapists under new police rules.

The move will remove the leeway given to officers to let off offenders with a reprimand or warning.

The crime of carrying a bladed article will be placed in a category of "excluded offences" for which culprits are automatically charged. Other offences in this category include kidnap, arson, poisoning and causing death by dangerous driving. The change will form the centrepiece of the Government's response to pressure for tougher action against those who carry blades.

It follows concern, highlighted by the Evening Standard's Beat Knife Crime campaign, that 90 per cent of teenagers were being allowed to escape prosecution with a reprimand.

The main reason for this was official guidance attached to the Crime and Disorder Act 2000, introduced by Justice Secretary Jack Straw when he was home secretary.

This attached a "gravity weighting" to different offences, dictating how the police should proceed in each case. It meant officers were bound to issue a reprimand or warning to juvenile knife carriers unless there were aggravating circumstances, such as using the weapon to carry out a robbery.

The aim was to reduce the likelihood of juveniles being brought into the justice and prisons system, in case that led them into further criminality.

Now Gordon Brown has ordered a reversal of this approach after last week's Downing Street summit on knife crime with police chiefs, ministers and the Director of Public Prosecutions. As a result, the low weighting attached to carrying a knife will be removed, and the offence put on the list of those that must be prosecuted. The aim is to ensure all offenders are brought before the courts, so they can be punished effectively and action taken to address the causes of criminal behaviour.

At the same time, a tougher approach will be taken towards adults arrested for possessing an offensive weapon. Prosecutors have been given guidelines instructing them that there should be a "presumption" to charge - effectively telling them to prosecute.

An outright order to prosecute automatically would be illegal and subject to judicial challenge, as the Crown Prosecution Service has a legal requirement to exercise discretion in each case.

The new measures do not alter the defence available to both juveniles and adults, who can show they were carrying a blade for a lawful reason. This could include anglers found with a fishing knife, workers carrying their tools to a job or people returning from a shop with a new kitchen knife. It is only a crime to carry a blade "without lawful reason" and that is unchanged.