Sentencing guidelines for weapons updated

The Sentencing Council has unveiled six new and revised guidelines regarding sentencing for offences involving bladed articles, offensive weapons, and corrosive substances in England and Wales. The consultation, which will remain open until 6 January 2027, is a response to an evaluation of existing guidelines, the introduction of new offences, and changes in relevant legislation.

Among the revisions proposed are amendments to three existing guidelines: having a bladed article or offensive weapon in public, threatening with these items in a public place, and bladed article and offensive weapons offences concerning children and young people. The Council's evaluation indicated that while there were no major issues with the current guidelines, some sentencers miscategorised culpability under the guideline for possessing a bladed article or offensive weapon in public. This prompted the Council to clarify the guidelines for better understanding among sentencers.

Additionally, the revisions notably expand the scope of younger offenders and explicitly include corrosive substances, which will be treated with greater seriousness in culpability assessments. The proposed extension for the children and young people's guideline takes into account various factors such as coercion, intimidation, exploitation, and grooming, ensuring higher penalties for serious offending.

In conjunction with these revisions, the Council is seeking input on three new guidelines reflecting offences introduced or modified by recent legislation. The new guidelines will address behaviours such as threatening with an offensive weapon, possession of dangerous knives, and possessing an article with a blade intended for unlawful violence.

Notably, the Council's review of Crown Court cases found that many weapon-related offences happened within a context of domestic abuse. To address this, proposed guidelines will direct courts to the Domestic abuse overarching principles guideline where appropriate.

Mr Justice Mark Wall KC of the Sentencing Council remarked that "Sentencing guidelines play an important role in promoting consistency and transparency in the courts. Following our review of the existing guidelines, we are proposing a number of changes to improve clarity for sentencers and introducing guidelines for offences that currently have none." He further emphasised that the evolving nature of the law concerning knives, offensive weapons, and corrosive substances necessitates the proposed adjustments to ensure alignment with contemporary legal standards.

The Council is eager for participation in the consultation from various stakeholders, including the judiciary, criminal justice organisations, academics, and community groups. They are particularly interested in factors influencing the severity of offences, appropriate sentence levels, and considerations around equality and diversity.

As emphasised in the consultation materials, the Sentencing Council is an independent entity tasked with developing guidelines that ensure fairness, transparency, and consistency in sentencing approaches while considering victim impact and public confidence.