Jail those caught twice with a knife, says Hackney Council

Changes are being made to the Criminal Justice and Courts Bill. Photograph: © Michael Coghlan (Creative Commons)

Jailing those caught twice carrying a knife will send a powerful message to gang members according to Hackney Council.

Harsher penalties and procedural reform are necessary to reduce knife crime in the borough, said the council in evidence submitted to a government select committee on youth crime and gangs.

Weak sentences and low conviction rates means gang members currently see themselves as “untouchable”. The council said: “Stronger sentences would send a powerful message and provide reassurance to the law abiding majority, and we are not convinced that sentencing at the moment is acting as a deterrent.”

Deputy Mayor Cllr Sophie Linden said: “The evidence submitted to the select committee was based on the experience of professionals and outlined the need for strong enforcement alongside effective diversion and prevention measures.”

This tougher stance is in line with changes made to the Criminal Justice and Courts bill approved by the House of Commons last week.

Tabled by the Enfield North MP, Nick de Bois, in a rare policy alliance between his Conservative party and Labour that left the Liberal Democrats isolated, the proposals to hand out mandatory sentences to those caught twice with a knife were agreed by 404 votes to 53, a majority of 351.

However a London-wide charity, Safer London Foundation, which aims to reduce violent youth crime in the capital and is funded by the Metropolitan Police Service, opposes the new laws.

In evidence submitted to the Inquiry the charity said: “Safer London does not support plans to introduce mandatory detention orders for second knife crime offences.

“We know from our practice that young people who are fearful often carry knives for protection and we believe that compulsory criminalisation of these young people will not support breaking cycles of offending but instead further reduce life chances and increase the negative impacts of crime.”

Abraham Jacobson, Lib Dem Councillor for Cazenove ward slammed the move as a “one size fits all policy”.

He said: “Two types of people carry a knife, one type uses the knife to threaten people and commit crime, the other carries a knife for their own protection. This law does not discriminate. It’s not going to prevent the real criminals and its not going to the root of the problem.”

The new legislation has also been criticised by charity The Howard League for Penal Reform. Andrew Neilson, Director of Campaigns said that there were “numerous problems” with the proposed changes to the law.

He said: “Children aged 16 and 17 should not receive mandatory sentences for knife possession, even if it is the second time they have been caught. It is vital that the individual circumstances of each child are considered by the courts and that sentencers can exercise discretion.

“When young people carry knives it is all too often because they fear being attacked themselves. If a young girl carries a knife because she has been the victim of rape, or gang exploitation, then sentencers should be able to consider such circumstances when they make their decision. Forcing them to imprison that child is hardly going to help matters.”

However, Janette Collins, project manager of Hackney’s The Crib, a youth club and intervention project that tries to break the negative cycle of gang violence, said the stricter measures could “save lives”.

“If they are caught twice with a knife they go should go to jail. It will deter people from carrying them and it will make people realise how serious it is,” she said.

When asked about jail sentences for vulnerable young people who might be coerced into carrying knives by gangs, Collins said: “We are not sentencing these ten-year-olds and nine-year-olds. We are making it easy for people to groom our children and send them out onto the streets by saying they are not going to get a sentence.

“If we want to turn around and stop crime on our streets we need to take a stand ourselves and stop pussyfooting around and saying we don’t want to hurt anybody’s feelings.”

Hackney Council also highlighted other struggles the borough faces in reducing gang crime. The council said that the approach of Hackney’s Crown Prosecution Service, which only considers prosecution if there is an 80 percent likelihood of conviction, gives young gang members the impression of being “untouchable”.

The council said that Hackney hospitals have a crucial role to play in the reporting of knife injuries. Unlike with instances of gun crime, medical professionals are not required to notify police of knife injuries, the council said this is complicated by “limited policy guidance” on the procedure of crime reporting.