Can You Be Sent to Prison for Carrying a Knife?

UK Knife Crime Sentencing Explained

Being caught carrying a knife in public can result in a criminal prosecution and, in some circumstances, a prison sentence. However, carrying a knife does not automatically mean that you will be sent to prison.

The sentence for a knife crime offence depends on the circumstances of the case, including the type of weapon, where it was found, whether it was used or threatened to be used, previous convictions and any mitigating factors.

If you or your child have been arrested or charged with a knife crime offence, getting specialist criminal defence advice as early as possible can be important. At Stryders, our experienced criminal defence solicitors can provide expert representation from the outset, helping to protect your rights and work towards the best possible outcome.

Is It Illegal to Carry a Knife in Public?

Generally, it is an offence to have an article with a blade or point in a public place without a good reason or lawful authority. A public place can include roads, shops, public transport, parks and other places where members of the public have access.

There are exceptions. For example, a person may have a lawful reason for carrying a knife for work purposes. However, carrying a knife for self-defence or protection is not generally considered a lawful reason.

The law can also apply to knives and offensive weapons carried on education premises, with specific offences covering possession in schools and other educational settings.

Can You Go to Prison for Carrying a Knife?

Yes. An adult convicted of possessing a bladed article or offensive weapon in a public place can receive a custodial sentence.

The maximum sentence for the relevant possession offences is currently four years’ custody. The Sentencing Council guideline gives an offence range from a fine up to two years and six months’ custody, although the maximum available sentence is four years.

This does not mean that every person convicted of carrying a knife will receive a prison sentence. The court must consider the individual circumstances of the offence and the offender when deciding the appropriate sentence.

What Factors Affect Knife Crime Sentencing?

The Sentencing Council guideline requires the court to consider the seriousness of the offence, including culpability and harm.

Factors that can affect the seriousness of a knife possession offence include:

• The type of knife or weapon involved
• Whether the weapon was particularly dangerous
• Where the offence took place
• Whether anyone was caused serious alarm or distress
• Whether the offence took place at a school or another location where vulnerable people were present
• Whether there was a risk of serious disorder
• The offender’s previous convictions
• Whether there was significant planning or preparation
• Whether the offender acted as part of a group

The court will also consider mitigating circumstances. These can include good character, little or no planning and cooperation with the police.

Is There a Minimum Prison Sentence for Carrying a Knife?

There can be. For adults, where a person aged 18 or over is convicted of a second or further relevant knife or offensive weapon offence, a statutory minimum sentence of six months’ imprisonment can apply.

There is an exception where the court considers that there are exceptional circumstances relating to the offence or offender that justify not imposing the minimum sentence.

This means previous convictions can be particularly important in knife crime cases.

The law is different for children and young people, who are sentenced under specific youth justice provisions.

What if the Knife Was Not Used?

A person does not have to use a knife for a criminal offence to have been committed.

Possessing a bladed article in a public place can itself be an offence if there is no good reason or lawful authority for having it.

However, the fact that a knife was not used or produced may still be relevant when the court considers the seriousness of the offence and the appropriate sentence.

This is one reason why the circumstances surrounding the possession can be important when defending a knife crime allegation.

What if I Was Carrying a Knife for Protection?

Carrying a knife because you believe you need it for protection does not generally provide a lawful excuse for possessing it in public.

A person may feel that carrying a knife makes them safer, particularly if they are concerned about becoming a victim of crime. However, that does not generally make possession lawful.

If you have been stopped, searched or arrested because of a knife, it is important to explain the circumstances to a solicitor rather than assume that your reason for carrying it will automatically amount to a defence.

What Happens if You Are Charged With Possession of a Knife?

The circumstances of the case will determine what happens next.

Depending on the allegation and the evidence, a case may be dealt with in the Magistrates’ Court or proceed to the Crown Court. The prosecution will need to prove the offence, while the defence may need to consider issues such as whether the item was a bladed article, where it was found and whether there was a lawful reason for possession.

The evidence surrounding the discovery of the knife can also be important. This may include police statements, body-worn video, CCTV, witness evidence and what was said during the investigation.

Getting legal advice at an early stage can help ensure that the circumstances of the allegation are properly examined.

Why Specialist Youth Crime Legal Advice Matters

Knife crime allegations involving children and young people require specialist legal advice from solicitors who understand both criminal law and the youth justice system. The circumstances surrounding an allegation can vary significantly, and the potential consequences can be serious.

The decisions made during the early stages of a youth knife crime case, particularly during [police interviews], can have an important impact on how the case progresses.

Our specialist youth crime solicitors can:

• Protect your child’s legal rights throughout the investigation
• Advise on the best approach during a police interview
• Ensure your child is treated fairly by police and investigators
• Challenge weak evidence or improper procedures
• Advise on potential defences and the circumstances surrounding the allegation
• Present important mitigation relating to age, maturity or vulnerability
• Provide representation at the Youth Court where required
• Work towards the best possible outcome based on the circumstances of the case

Early legal advice can be particularly important where a child or young person is accused of carrying or possessing a knife. Getting specialist advice at the earliest opportunity can help ensure that the circumstances of the allegation are properly considered and that your child understands their rights and options.

How Stryders Can Help with Youth Knife Crime Allegations

At [Stryders], we understand how worrying it can be when a child or young person is accused of carrying a knife or becomes involved in a police investigation.

Our experienced youth crime defence solicitors provide clear, practical and compassionate legal advice to children, young people and their families facing allegations involving knife possession or other knife crime offences.

Whether your child has:

• Been arrested on suspicion of a knife crime offence
• Been invited to attend a voluntary police interview
• Been accused of carrying or possessing a knife
• Been charged with a knife crime offence
• Been required to appear before the Youth Court

Our specialist team is on hand to guide you through every stage of the criminal justice process. We offer 24-hour police station representation and expert Youth Court defence, working to protect your child’s rights and future prospects while ensuring they receive the support and representation they need.

If your child is under investigation or has been arrested in connection with a knife crime allegation, getting legal advice at an early stage can help you understand what happens next and the options available.

In summary

A knife crime allegation can have serious consequences, particularly where there is a risk of custody or where you have previous relevant convictions.

You should seek specialist criminal defence advice as soon as possible and avoid assuming that the outcome is inevitable simply because a knife was found in your possession.

Stryders provides specialist criminal defence advice and representation for people facing knife crime allegations. Our team can advise you on the allegation, the evidence against you, potential defences and the sentencing position.

If you have been arrested, charged or are under investigation for a knife crime offence, you should contact Stryders immediately by calling our 24-hour emergency line on 0333 577 2999 or you can contact us via our online form for more information.

Charged with Carrying a Knife FAQs