Dozens of repeat knife offenders in West Midlands avoid jail

Anti-knife campaigners say they are concerned 'leniency' toward repeat offenders from the country's criminal justice system is undermining their efforts.

Ministry of Justice data shows there were 243 incidents where an offender was convicted or cautioned again over possession of a knife or offensive weapon in West Midlands and Staffordshire in the year ending in March.

Of those cases, 160 saw the culprit given an immediate jail sentence, while 49 resulted in a suspended sentence and 16 in a community order.

It meant in 65 cases the repeat offender was not sent straight to prison, despite the law outlining that adults already convicted of the crime should face a minimum six-month jail term under the "two strikes and out" system brought in six years ago. Ten of those cases were in Staffordshire.

However, the outcome was not specified in 16 more cases which had not reached sentencing or had been dealt with by another means, such as a fine or a discharge.

Recent figures showed knife crime was rising faster in the West Midlands than anywhere else in the country, including London.

Across England and Wales, 1,362 (34 per cent) of 4,036 knife possession cases involving an offender previously convicted or cautioned did not result in an immediate jail sentence in 2020/21.

However, the outcomes for 314 were not specified.

The Ministry of Justice said the rate of immediate prison sentences had been impacted by the pandemic, with a higher number of cases not reaching sentencing on time compared to previous years.

It also said there had been an increase in suspended sentences, possibly down to cases of coronavirus in the prison system.

But the Ben Kinsella Trust – a charity campaigning against knife crime in the name of the teenager stabbed to death in 2008 – said the criminal justice system must regard carrying weapons with the "severity that it deserves".

Chief executive Patrick Green said: "We are committed to preventative and targeted approaches to put an end to knife crime, but for those who consistently reoffend we rely on the criminal justice system to play a major role in our ongoing struggle.

"The figures raise concern about the criminal justice system's effectiveness at reducing weapon carriers on our streets.

"The leniency of the sentencing suggests an inappropriately weak response."

Assistant West Midlands Police and Crime Commissioner, Wasim Ali said: “The police do a good job tackling knife crime and it is a decision for courts to pass this judgement but it is right that those who persistently carry knives face justice.

“Much more also needs to be done to tackle the causes of why people are carrying knives. Our Precious Lives Project is in schools across the region every day speaking to young people about the consequences of carrying knives.

“Our Violence Reduction Unit are also leading on a range of work to intervene with people at risk of becoming involved in knife crime.

“It is clear that the Government needs to do more though to invest in and rebuild a broken criminal justice system that is buckling under the weight of demand.”

Although the MoJ warns any repeat knife offender should expect an immediate prison sentence, there is currently no minimum sentence for someone caught carrying a knife or offensive weapon for the first time.

In total, 1,191 cases of knife possession – including offenders aged under 18 – led to convictions and cautions in West Midlands and Staffordshire force areas in 2020/21, down from 1,569 the year before.

It reflected the national picture, with that figure also dropping across England and Wales to 16,292 convictions and cautions, from 18,721 in 2019-20.

The MoJ said sentencing remained the responsibility of independent judges.

A MoJ spokesperson added: "Those caught carrying a knife are more likely to be sent to jail and for longer than they were a decade ago.

“We are also recruiting 20,000 extra police officers, making it easier to use stop and search and ensuring the most serious offenders spend more time behind bars to protect the public."

The Judiciary Office said any sentence given by a judge or magistrates was considered "carefully" using law and sentencing guidelines.

A spokesperson added: "They also take into account any aggravating or mitigating factors which could increase or reduce the sentence."