Young people with knives who film victims for social media face harsher punishments
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Version 0 of 1. Young people carrying knives who film the humiliation of their victims for social media could face more severe punishments under draft sentencing guidelines published for England and Wales on Thursday. Other “aggravating factors” for judges and magistrates to take into account when considering defendants convicted of possessing a bladed article or offensive weapon in public include being in a group or gang. Those attempting to conceal their identity by wearing a hood or balaclava and anyone targeting the vulnerable or victims working in the public sector are also likely to receive tougher sentences. The new draft guidelines are published by the sentencing council in order to take into account changes in the law and recent court judgments. The latest proposals do not cover offences where a knife or other weapon is actually used to harm a victim, nor the use or possession of firearms. The aggravating factors for youth offenders include the proposal that “deliberate humiliation of victims, including but not limited to filming of the offence, deliberately committing the offence before a group of peers with the intent of causing additional distress or circulating details/photos/videos etc of the offence on social media or within peer groups”. The council said it was included because it is “aware that through the use of social media, the recording and sharing of photographs and video footage has become increasingly common”, adding: “This sort of behaviour is often used to embarrass or humiliate the victim.” Such circumstances could also be taken into consideration in cases involving adults. Courts deal with large numbers of offensive weapon cases, the consultation document said, with approximately 7,800 adult offenders sentenced for the offences in 2015. Last year the government introduced a new “two strikes” regime meaning adults caught with a blade more than once face a minimum custodial sentence of six months. Courts should impose the minimum punishment unless there are particular circumstances that make doing so unjust. Figures released last month showed that nearly half of repeat offenders avoided jail in nearly a year after the change took effect. Overall, the proportion of knife possession offenders sentenced to immediate custody is rising, while average prison terms have also gone up. The council said the introduction of the guidelines, which would cover England and Wales, may therefore lead to some increases in sentence levels – most likely in relation to adults convicted of possession offences. In cases involving youths, courts will be encouraged to look in greater detail at their age and maturity, background and circumstances. District judge Richard Williams, who is a member of the sentencing council member said: “If people carry knives, there is always the risk that they will be used, and with tragic consequences. “As the court of appeal has stated, too many people are carrying knives and it only takes a moment of anger or drunkenness for one to be pulled out with fatal results or serious injury. “Through these guidelines, we want to provide courts with comprehensive, up to date guidance to ensure that sentences reflect the seriousness of offending.” |