The Sentencing Advisory Panel has today published a proposal that the Court of Appeal should frame a sentencing guideline on the offences of:

(a) possessing an offensive weapon in a public place, under section 1 of the Prevention of Crime Act 1953, and

(b) possessing any article with a blade or point in a public place, under section 139 of the Criminal Justice Act 1988.

The Panel decided to make this proposal for a number of reasons.

• Possession of an offensive weapon or a bladed instrument is very common, and the courts impose a wide range of different sentences for these offences. There are no appellate sentencing guidelines at present.
• Sentencers may find it difficult to assess the seriousness of an offence which does not involve actual violence, and where there may be no specific victim.
• There is a real public concern that a 'weapons culture' encourages violence and may lead to more serious criminal behaviour.

The Panel's aim is to encourage consistency in sentencing. Guidelines from the Court of Appeal help sentencers to adopt a common approach, and to attach the appropriate weight to the various factors that may aggravate or mitigate an individual offence. In its proposal, the Panel therefore seeks to:

• identify a range of aggravating and mitigating factors related to the offender's intention in committing the offence. the circumstances of the offence, and the nature of the weapon carried by the offender; and
• identify the circumstances in which the sentencer should consider imposing a custodial or community sentence.

Notes for editors

1. The Sentencing Advisory Panel is an independent advisory and consultative body constituted under sections 80 and 81 of the Crime and Disorder Act 1998. It started work on 1 July 1999. Its function is to provide fully researched, objective advice to the Court of Appeal to assist the Court when it frames or revises sentencing guidelines. (See Home Office news release 193/99.)

2. The Court of Appeal issues sentencing guidelines for the criminal courts. The Crime and Disorder Act placed a new duty on the Court to consider framing or revising guidelines whenever it is considering an appeal against sentence.

3. Under the 1998 Act the Panel may propose to the Court of Appeal that guidelines should be framed or revised for a particular category of offences, either on its own initiative, in response to a request from the Court of Appeal, or at the direction of the Home Secretary. The Panel itself decided to make a proposal to the Court of Appeal on offensive weapons, and issued a consultation paper on this subject on 10 November 1999. (See press notice SAP 99/3.)

4. Copies of the proposal may be obtained from: Gareth Sweny, Sentencing Advisory Panel, Room 4.71, 50 Queen Anne's Gate, London SW1H 9AT (telephone 020 7273 3046). The proposal is also available on the Panel's website: http://www.sentencing-advisory-panel.gov.uk/