Offensive Weapons Act 2019

19 Knife crime prevention order made on conviction E+W

(1) This section applies where—

(a) a person aged 12 or over (the “defendant”) is convicted of an offence which was committed after the coming into force of this section, and

(b) a court dealing with the defendant in respect of the offence is satisfied on the balance of probabilities that the offence is a relevant offence.

(2) The court may make a knife crime prevention order under this section in respect of the defendant if the following conditions are met.

(3) The first condition is that the prosecution applies for a knife crime prevention order to be made under this section.

(4) The second condition is that the court thinks that it is necessary to make the order—

(a) to protect the public in England and Wales from the risk of harm involving a bladed article,

(b) to protect any particular members of the public in England and Wales (including the defendant) from such risk, or

(c) to prevent the defendant from committing an offence involving a bladed article.

(5) A knife crime prevention order under this section is an order which, for a purpose mentioned in subsection (4)—

(a) requires the defendant to do anything described in the order;

(b) prohibits the defendant from doing anything described in the order.

(6) See also—

(a) section 21 (which makes further provision about the requirements and prohibitions that may be imposed by a knife crime prevention order under this section),

(b) section 22 (which makes further provision about the inclusion of requirements in a knife crime prevention order under this section), and

(c) section 23 (which makes provision about the duration of a knife crime prevention order under this section).

(7) The court may make a knife crime prevention order under this section in respect of the defendant only if it is made in addition to—

(a) a sentence imposed in respect of the offence, or

(b) an order discharging the offender conditionally.

(8) For the purposes of deciding whether to make a knife crime prevention order under this section the court may consider evidence led by the prosecution and evidence led by the defendant.

(9) It does not matter whether the evidence would have been admissible in the proceedings in which the defendant was convicted.

[F1 (9A) The court may adjourn any proceedings on an application for a knife crime prevention order even after sentencing the defendant.

(9B) If the defendant does not appear for any adjourned proceedings the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the defendant’s arrest, or

(c) hear the proceedings in the defendant’s absence.

(9C) The court may not act under subsection (9B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.

(9D) The court may not act under subsection (9B)(c) unless it is satisfied that the defendant—

(a) has had adequate notice of the time and place of the adjourned proceedings, and

(b) has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.]

(10) For the purposes of this section an offence is a relevant offence if—

(a) the offence involved violence,

(b) a bladed article was used, by the defendant or any other person, in the commission of the offence, or

(c) the defendant or another person who committed the offence had a bladed article with them when the offence was committed.

(11) In subsection (10) “violence” includes a threat of violence.

Textual Amendments

F1 S. 19(9A)-(9D) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 167(1), 208(1); S.I. 2022/520, reg. 5(t)

Commencement Information

I1 S. 19(1)-(4), (7)-(11) in force at 5.7.2021 in relation to the metropolitan police district for the specified period by S.I. 2021/762, regs. 1(2), 2(1) (with reg. 3(2)(3)) (as amended (16.7.2022) by The Offensive Weapons Act 2019 (Commencement No. 2) (England and Wales) (Amendment) Regulations 2022 (S.I. 2022/828), regs. 1(1), 2)

I2 S. 19(5)(6) in force at 5.7.2021 for specified purposes in relation to the metropolitan police district for the specified period by S.I. 2021/762, regs. 1(2), 2(2) (with reg. 3(2)(3)) (as amended) (16.7.2022) by The Offensive Weapons Act 2019 (Commencement No. 2) (England and Wales) (Amendment) Regulations 2022 (S.I. 2022/828), regs. 1(1), 2)