Minister for Justice Helen McEntee signs order to increase penalties for knife offences
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The Minister for Justice, Helen McEntee TD, has today (Monday) announced that she has signed a Commencement Order under the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 to increase the maximum sentences for four knife related offences with effect from 30 September 2024.
The Commencement Order gives effect to Part 9 of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024, which amends the Firearms and Offensive Weapons Act 1990 to increase the maximum penalties for the following offences under that Act:
• Section 9(5) offence of possession in a public place of an article intended to cause injury to, incapacitate or intimidate a person: increased from 5 years to 7 years.
• Section 10 offence of trespass with a knife, weapon of offence or other article which has a blade or sharp point: increased from 5 years to 7 years.
• Section 11 offence of production of an article capable of inflicting serious injury: increased from 5 years to 7 years.
• Section 12 offence of manufacture, importation, sale, hire or loan of prescribed offensive weapons: increased from 7 years to 10 years.
These changes in the law follow recommendations from the knife crime sub-group of the Expert Forum on Anti-Social Behaviour, which is chaired by the Minister of State at the Department of Justice, James Browne TD.
Minister McEntee said:
“Knife crimes are serious criminal offences, which can have far reaching and devastating consequences. These amendments represent a necessary strengthening and rebalancing of the penalties for knife crime under the Firearms and Offensive Weapons Act 1990.
“The increased penalties show that this Government is serious about tackling not only the possession of knives, but also carrying or producing a knife or other article to threaten, intimidate or cause injury. I am also increasing the maximum penalty for manufacturing, importing, selling, hiring or loaning prescribed offensive weapons. This will further help to keep knives and other offensive weapons off our streets.
“These amendments reflect the true gravity of the offences in question and will ensure that, in the most serious cases, the courts can impose a sanction that fully matches the crime.
“These latest increases in the criminal penalties available to the judiciary follow on from my earlier doubling of the maximum sentence for assault causing harm, increases to the maximum sentence for conspiracy to murder to life, and increases to the maximum sentence for assaulting a peace officer.”
Minister Browne welcomed the commencement of these provisions and said:
“I want to thank the members of the Forum on Anti-Social Behaviour for their work, and particularly the Subgroup on knife crime. These increased penalties are a result of the recommendations made to me by the Forum.
“A number of extremely serious, and in some cases fatal, knife attacks in recent years have caused a valid increase in public concern about the criminal possession and use of knives. The Government has listened to the public’s concerns and these changes in the law are aimed at ensuring that offenders are appropriately punished and that the use of knives in crime is reduced.
“The offences in question involve a clear and significant degree of criminal intent. They represent a significant threat to community safety, both in their own right, and because they can be precursors to serious and sometimes fatal assaults. These increases in the maximum sentences will send the message that the offences in question are wholly unacceptable behaviour in our society.”
ENDS
Note for Editors:
• The Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 was signed by the President in July of this year.
• In line with a Programme for Government commitment, an Expert Forum on Anti-Social Behaviour (ASB) was established in 2020 and is chaired by Minister Browne.
• The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of ASB on community morale and quality of life.
• Four sub-groups have been established by the Forum consider the specific issues of the misuse of scramblers and quadbikes, knife crime, responses to ASB impacts on housing complexes managed by Local Authorities (LA) or Approved Housing Bodies (AHBs), and the powers available to An Garda Síochána in relation to public order offences.
• Similar sub-groups can be established to examine other issues as required.
• Members of the Forum are drawn from a number of State agencies, including An Garda Síochána, the Probation Service and key Government Departments, as well as a broad representation of community, business, academic and other experts.