Magistrates voice opposition to knife-sentencing proposals

Under proposals announced by Justice Secretary Kenneth Clarke yesterday (26 October), a mandatory four-month detention and training order for aggravated knife possession for 16- and 17-year-olds will be introduced.

However, magistrates and youth justice campaigners have raised concerns over the plan which, according to Ministry of Justice statistics, could impact on up to 400 children a year.

John Fassenfelt, deputy chair of the Magistrate’s Association, said: "[A mandatory sentence] removes from magistrates and judges the discretion we feel is always needed with youngsters because of the fact they are younger and the issue of maturity has to be considered. Every case is different, and more so with youngsters than adults."

Meanwhile, youth justice campaigners have said that the move could lead to vulnerable and first-time offenders being sent to custody as judges will have no discretion in sentencing.

Juliet Lyon, director of the Prison Reform Trust, said there is no evidence that deterrent sentencing works, particularly with children or young people. 

"Intensive supervision by youth offending teams, youth work, like the groups run by Potential in Croydon, or restorative justice all stand a better chance of steering young people away from crime," she said.

"We know that rates of knife possession are significantly higher among children and young people who have been victims themselves, and would argue that a restorative justice approach, rather than mandatory prison sentences, would likely yield more positive outcomes for both offenders and their victims," she added.

Announcing the move, Clarke said provision for automatic prison sentences for adults who use a knife to threaten and endanger had already been made in the Legal Aid, Sentencing and Prosecution of Offenders Bill.

"Clearly any extension of this sentence to children requires very careful consideration," he said. "However, we need to send out a clear message about the seriousness of juvenile knife crime, so we are proposing to extend a suitable equivalent sentence to 16- and 17-year-olds, but not to younger children."

Young people will be subject to the mandatory sentence if they are convicted of carrying a knife or offensive weapon in a public place or school and appear to threaten or threaten to cause harm with it.

The proposals come after Clarke indicated on Monday that he would fight any attempts to introduce mandatory sentences for children.