Anger as repeat knife offenders in North Yorkshire avoid going to prison

The new data from the Ministry of Justice sparked criticism, with one anti-knife charity accusing the system of "leniency".

In North Yorkshire, there were 48 cases where an offender was convicted or cautioned for at least a second time over possession of a knife or offensive weapon in the year ending in March.

Of those cases, 27 saw the culprit given an immediate jail sentence while 10 resulted in a suspended sentence, eight in a community order and two in a caution.

This means in 20 cases the repeat offender was not sent straight to prison - though figures could be higher as some outcomes were not specified.

Current laws dictate 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.

And while the Ministry of Justice said sentencing remained the responsibility of independent judges, it said the rate of immediate prison sentences had been impacted by the pandemic.

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

Patrick Green - CEO of The Ben Kinsella Trust, a charity campaigning against knife crime in the name of the teenager stabbed to death in 2008 – said: "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."

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."

Meanwhile Rachael Maskell MP (York Central, Labour) said the Government needed to take "a public health approach to address violent crime".

The MP said: "It is clear that violent crime is rising and the public are being put at risk because Government have failed to establish a crime diversion strategy. Simply placing people in prison, without rehabilitative support, often means that people return to the community more vulnerable than they did before they were incarcerated.

“Prison is increasingly failing those who have fallen into criminal activity, and therefore we need to see interventions that prevent crime. Evidence shows that if you take a public health approach to address violent crime it is the most effective way of preventing knife crime and other forms of violent crime.”

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, 154 cases of knife possession – including offenders aged under 18 – led to convictions and cautions in North Yorkshire in 2020-21, down from 182 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."

Ms Maskell condemned the statement - expressing her belief that crime levels had been impacted by cuts to policing, youth services and support for vulnerable young people over the years.

The MP said: “The fact that there were over 4,000 knife possession cases in the last year highlights the scale of failure Government have had on keeping our streets safe. Not only did they cut the police by 20,000 in their first term of office, but slashed youth services and support for many of our most vulnerable young people and adults."