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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice
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What is the minimum sentence a knife

Customer Question

what is the minimum sentence for carrying a knife
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
my freind was arrested for carrying a knife what sentence is he looking at.
Expert:  Jo C. replied 1 year ago.
The minimum sentence in the UK for any offence is an absolute discharge but that isn't a realistic expectation.
The UK is sensitive about knives at the moment and has been for many years.
If this is charged as a points and blades offence then he will probably get a low level community order. If it is an offensive weapon then it will be a high level community order or maybe even a suspended sentence.
A lot depends on his previous and his explanation for this. If was carrying this for a legitimate reason but had it for too long to use that defence then obviously that is a a different situation to carrying it for protection.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
a suspended sentence even if he has been given a suspended sentence before for a unrelated matter. can that be possible or is there only one suspended sentence allowed per person.
Expert:  Jo C. replied 1 year ago.
If he was on a suspended sentence at the time of the offence then the court may impose the custodial period I'm afraid.
You have to convince them it would be unjust not to do so.
If he has done most of his community order then the court is not going to impose the custodial period in full.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
what if its fully over will the courts look at compliance of probation and suspended sentence order or will they usually not care
Expert:  Jo C. replied 1 year ago.
If the community order is still in force then the suspended sentence is not over.
But if a large amount of the community order is completed then that is something that will be considered when determining the amount to impose. It will not usually stop the court imposing the sentence in part although they can consider making the community order more onerous.

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