The Magistrates’ Courts (Knife Crime Prevention Orders) Rules 2020

EXPLANATORY NOTE

(This note is not part of the Rules)

Under section 14 of the Offensive Weapons Act 2019 a magistrates’ court may make a knife crime prevention order in respect of a defendant aged 12 years or more where (i) a chief officer of police applies for such an order, (ii) the court is satisfied that on at least two occasions during the previous two years the defendant had a bladed article, without good reason or lawful authority, in a public place in England and Wales, on school premises or on further education premises, and (iii) the court thinks that it is necessary to make the order to protect the public from the risk of harm involving a bladed article, to protect any particular member of the public (including the defendant) from such risk, or to prevent the defendant from committing an offence involving a bladed article. A knife crime prevention order may impose requirements and prohibitions which the court thinks necessary to achieve that protection or prevention.

An application may be made without giving notice to the defendant. In some circumstances the court may make an interim order. It is an offence to breach a knife crime prevention order.

Under section 26 of the Act a court that makes a knife crime prevention order may, and in some circumstances must, order the applicant and the defendant to attend one or more review hearings for the purpose of considering whether the knife crime prevention order should be varied or discharged.

Under section 27 of the Act the applicant for a knife crime prevention order and the defendant may apply to the court to vary, renew or discharge the order.

Section 28 of the Act gives the parties rights of appeal.

These Rules supply the procedure to follow on an application for a knife crime prevention order (rule 2), on a review of an order (rule 3) and on an application to vary, renew or discharge the order (rule 4).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.