Consultation outcome

Government response to the consultation on guidance to support the application of Knife Crime Prevention Orders

Updated 31 August 2021

Introduction

The Government published draft guidance for consultation on the operation of Knife Crime Prevention Orders on 15 August 2019. Knife Crime Prevention Orders are provided for by the Offensive Weapons Act 2019. They are intended to be preventative civil orders provided by the courts to enable the police and other partners to work with particularly at-risk adults and young people to steer them away from carrying and using knives in violent crimes.

The legislation provides that Knife Crime Prevention Orders will be available to the Courts for adults and young people from age 12 upwards. The legislation allows for requirements and prohibitions to be attached by the Court to the Order both to protect the public and individuals from the risk of being harmed, and also to provide support to the holder to help them to address factors in their lives that may increase the chances of future offending.

The consultation closed on 25 September 2019. This document sets out the Government response to the consultation, addressing the issues that were raised by those who responded.

The Government’s guidance on Knife Crime Prevention Orders is published alongside this response document.

Overview of responses

The public consultation received 36 separate responses from a variety of organisations and individuals. Some of these responses were countersigned by additional organisations who were unable to submit their own response.

The majority of the responses received were from organisations concerned with youth justice and the welfare of young people. Responses were also received from members of the public, other government departments and organisations concerned particularly with violent crime.

The government would like to thank all those who contributed to the development of the guidance on Knife Crime Prevention Orders, both through the online responses to the consultation and through participation in meetings and workshops.

Six distinct themes emerged from the responses to the consultation. These were:

1. Age considerations.
2. Safeguarding.
3. Pre-application considerations.
4. Requirements and Prohibitions.
5. Proportionality.
6. Role of Youth Offending Teams.

These themes are discussed below and, where appropriate, have informed the subsequent drafting of the final guidance. Some responses have also informed the drafting of the more technical Knife Crime Prevention Orders Practitioners’ Guidance which is intended primarily for the police and the Crown Prosecution Service to cover procedural issues in applying to the courts for these Orders.

A copy of the Knife Crime Prevention Orders Practitioners’ Guidance will be published on the gov.uk website.

1. Age considerations

A number of respondents suggested that there would be value in highlighting more clearly throughout the guidance where different approaches or considerations applied because of the age of the intended recipient of the Knife Crime Prevention Order, noting in particular that different considerations would apply if the recipient were a child or young person rather than an adult.

Respondents suggested that this applied particularly to those aspects of the guidance that cover:

• the application to the court: This is regarding the role of the Youth Offending Teams (YOTs) in the application, the general understanding of the process by young people and the statutory requirements concerning safeguarding.
• the contents of the order: Specifically, regarding the selection of the positive requirements and prohibitions included in the order. Consideration must be given that these do not unintentionally interfere with aspects of children’s lives such as their education.
• duration of the order
• reviewing the order
• breaches

Government response

The Knife Crime Prevention Orders guidance now specifically addresses these considerations and sets out more clearly where different procedures should be followed in response to age considerations. This includes where additional considerations may apply to those aged 18-24 years who do not benefit from the statutory protections for under-18s highlighted in the ‘children’ sections of the guidance.

2. Safeguarding

A number of respondents suggested that there needed to be more on safeguarding issues in respect of children and young people who might be considered for a Knife Crime Prevention Order or made subject to one.

In particular, respondents emphasised that the paramount importance of safeguarding children and young people with guidance on how local multi-agency safeguarding partnerships should be part of the Knife Crime Prevention Orders process, in order to protect children from harm.

Government response

The guidance now provides additional guidance on safeguarding issues and responsibilities.

The guidance now also notes the need to consider referral to children’s social care services for an assessment under the Children Act 1989; and to assess whether there is a need for a referral to the National Referral Mechanism for an assessment under the Modern Slavery Act 2015.

3. Pre-application considerations

Several respondents suggested that the guidance needed to be clearer on the steps that should be taken before the decision is made to apply for a Knife Crime Prevention Order. This included, for example, when and whether attempts should first be made to engage the individual in more informal preventative and diversionary activities, on a voluntary basis.

Government response

In response to this the application section of the guidance has been amended. The Practitioner’s Guidance will reflect this in the consideration of when a KCPO may be the appropriate tool.

4. Requirements and Prohibitions

Some respondents suggested that the guidance would benefit from greater specificity in setting out what form positive requirements attached to a Knife Crime Prevention Order might take, to improve understanding of the Government’s intentions in including provision to allow for requirements to be added to the Orders.

Respondents also noted that while the draft guidance expressly stated that care must be taken to ensure that prohibitions or requirements attached to a Knife Crime Prevention Order do not conflict with the recipient’s religious beliefs, their work or educational commitments, the guidance does not expressly reference other protected characteristics or groups, for whom appropriate adjustments should be made in line with equalities legislation.

Government response

The Knife Crime Prevention Order Practitioners’ Guidance includes a list of examples of possible requirements and prohibitions which could be added to an Order.

The guidance now includes reference to all protected characteristics and groups in the context of considering whether appropriate adjustments should be made to a Knife Crime Prevention Order in any individual case.

5. Proportionality

Some respondents expressed concern that, in practice, Knife Crime Prevention Orders might impact disproportionately on young people and adults from Black, Asian and minority ethnic backgrounds.

Government response

Knife Crime Prevention Orders would be available irrespective of age or ethnic background. The Government therefore does not expect to see any group or community negatively or unfairly targeted by the introduction of KCPOs. Individuals given a KCPO will be dealt with pre-conviction and diverted away from a life of crime before they impact on the prison service or even the wider justice system. However, in relation to offenders, the data show that nationally the Black population have a disproportionate rate of sentencing for knife and weapons offences per 100,000 than the White or Asian population. Therefore, whilst we acknowledge that it is not possible to rule out the possibility that KCPOs are applied in a higher proportion to young black and ethnic minority male offenders, the outcome is likely to be far more positive for the individuals themselves, the communities they come from and the wider society as a whole.

6. Role of the Youth Offending Teams

A number of respondents wanted to see clarification of, and expanded guidance on, the role of Youth Offending Teams in respect of Knife Crime Prevention Orders. When dealing with young people, it was suggested that an assessment from, and the views of, the local Youth Offending Service and local Children’s Services should be obtained at every stage of the application process and that their views be clearly represented to the court when the application is considered.

Government response

The Knife Crime Prevention Orders guidance stresses the importance of collaborative working with Youth Offending Teams in respect of Knife Crime Prevention Orders sought in respect of children and young people. These issues are also addressed in the Knife Crime Prevention Order Practitioners’ Guidance which contains operational guidance for agencies’ interaction with Youth Offending Services and Youth Offending Teams during the Knife Crime Prevention Order process.

Conclusion

The Government’s guidance on Knife Crime Prevention Orders is published alongside this response to the consultation that was held on the draft guidance.

During the consultation, some respondents asked whether the guidance could include case studies to illustrate how the guidance might be implemented in practice. In response to this, illustrative case studies have been included in the Knife Crime Prevention Orders Practitioners’ Guidance, covering both adult and young people applications. These illustrative case studies, while not exhaustive of all possible circumstances, have been included to demonstrate some practical examples of when and how a Knife Crime Prevention Orders application should be progressed and taken forward.

Any enquiries regarding this publication should be sent to us at public.enquiries@homeoffice.gov.uk.