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What Happens When You're Arrested for Knife Crime: A Complete (UK Guide 2025)


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Being arrested for knife crime is a serious matter with far-reaching consequences that extend well beyond the immediate situation. Whether you're researching this topic out of concern, facing charges yourself, or supporting someone through the criminal justice system, understanding what actually happens can help you navigate one of the most challenging experiences anyone can face.


This guide provides a realistic, factual overview of the arrest process, legal proceedings, and long-term implications of knife crime convictions in the UK.



Understanding UK Knife Law


Before we look at what happens after an arrest, it's important to understand what the law actually says.


→ What's Illegal?

Under the Criminal Justice Act 1988 (as amended), it is illegal to:


  1. Carry any knife with a blade longer than 3 inches in public without good reason

  2. Carry any lock knife (a folding knife with a locking mechanism) regardless of blade length

  3. Carry certain banned knives including flick knives, gravity knives, butterfly knives, zombie knives, and knuckleduster knives

  4. Threaten or use a knife against another person


→ What Counts as "Good Reason"?

The law recognises limited circumstances where carrying a knife is legitimate:


  1. Work purposes: Chefs, tradespeople, or other professionals who need knives for their job (you should be able to prove this)

  2. Religious reasons: For example, a Sikh carrying a Kirpan

  3. Part of a national costume: Traditional dress that includes a blade

  4. Specific activities: Taking knives you've just purchased directly home, or transporting them to/from an activity like camping


→ Important: Self-defence is explicitly NOT considered a good reason under UK law. Carrying a knife "for protection" is illegal, regardless of how unsafe you feel.


Why This Matters


Many people arrested for knife possession genuinely didn't intend to cause harm. They might have been carrying a knife out of fear, peer pressure, or a misguided belief it would keep them safe. However, the law focuses on possession, not intention. Once you're found with an illegal knife, the reason why becomes secondary to the fact that you had it.


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Arrest


→ Stop and Search

Police have the power to stop and search you if they have reasonable grounds to believe you're carrying a weapon. This can happen:


  • In any public place if an officer suspects you specifically

  • In designated areas where Section 60 powers apply (allowing searches without specific suspicion)

  • As part of a broader investigation or operation


→ When officers find a knife, the situation escalates immediately. You'll be:

  1. Arrested on the spot - Officers will caution you and place you under arrest

  2. Handcuffed - Standard procedure for arrests involving weapons

  3. Searched more thoroughly - To ensure there are no other weapons or evidence

  4. Transported to a police station - Usually in a marked police vehicle


This isn't a moment where you can explain your way out of the situation. The arrest happens, and the explanations come later.


→ Public Nature of Arrest

Arrests happen wherever you are - on the street, outside a shop, at a bus stop. People will see you. In today's world, someone might film it. This public element adds a layer of humiliation and anxiety to an already stressful situation. Friends, family, or neighbours might witness your arrest, and word can spread quickly through communities and social media.


→ Custody

Once you arrive at the station, you enter the custody suite. This is where the formal process begins. Booking in, a custody sergeant (not the officers who arrested you) processes your arrival. They'll:


  1. Record your personal details

  2. Explain why you've been arrested

  3. Inform you of your rights

  4. Make decisions about your detention


→ Your Rights → You have three key rights


  1. Free legal advice - Either from a duty solicitor or your own solicitor. This is genuinely free and available 24/7. Taking legal advice is not an admission of guilt - it's sensible.

  2. The right to have someone informed - You can request that someone (family member, friend) is told you've been arrested and where you are.

  3. The right to consult the Codes of Practice - The rules governing how police must treat people in custody.


These aren't optional extras - they're legal entitlements. Use them.


→ Property and Searching → All your belongings are taken and documented


  • Phone

  • Wallet/purse

  • Keys

  • Jewellery

  • Belt and shoelaces (removed for safety reasons)


You'll undergo a search. This is thorough and, for many people, the most uncomfortable part of the process. It's not designed to humiliate - it's a safety requirement for everyone entering custody - but it can feel degrading nonetheless.


The Holding Cell


You'll be placed in a cell while awaiting interview. These are functional spaces - a bench/bed, a toilet, little else. Some observations from people who've been through this:


  • Time feels different: Without a phone or watch, minutes drag. What feels like hours might be 30 minutes, or vice versa.

  • Noise: Custody suites are busy places. Doors slam, people shout, keys jangle. It's hard to relax.

  • Thinking: You'll have a lot of time to think. About what you'll say, what might happen, how you got here, who knows about this.


Cells are checked regularly. If you need anything (medical attention, to speak to someone, toilet paper), you can press a call button.



The Police Interview

→ Preparation


Before your interview, you'll speak with a solicitor. This conversation is private and confidential. Be completely honest with them - they can't help you if you hide information. They'll advise you on:

  • Whether to answer questions or give a "no comment" interview

  • What the police are likely to ask

  • What your options are

  • What happens next


The Interview Itself

→ Interviews take place in a designated room with:


  • Two police officers

  • Your solicitor

  • Recording equipment (audio, possibly video)


The interview is formal and recorded. Everything said becomes part of the official record and can be used in court.


→ Common questions in knife possession cases:

  • "Why were you carrying the knife?"

  • "Where did you get it?"

  • "How long have you had it?"

  • "Were you intending to use it?"

  • "Who were you with?"

  • "Are you part of a gang?"

  • "Have you carried knives before?"

  • "Do your friends carry knives?"


Your Options

You have several options during interview:


Answer questions: Provide your account of what happened. This can help if you have a genuine explanation, but be aware that anything you say can be scrutinised and used against you.


"No comment" interview: Decline to answer questions. This is your legal right and doesn't automatically imply guilt. Many solicitors advise this approach, particularly if the case might go to trial.


Prepared statement: Your solicitor can prepare a written statement that's read out, after which you answer no further questions. This allows you to get your version on record without the risks of questioning.


There's no single "right" approach - it depends entirely on your specific circumstances, which is why legal advice is crucial.


After the Interview

What Happens Next?


Following your interview, the custody sergeant has several options:


→ Released Under Investigation (RUI)

You're released with no conditions while police continue investigating. This is increasingly common but creates uncertainty - there's no time limit, so you could be waiting weeks or months for a decision.


→ Released on Bail

You're released but with conditions that might include:


  1. Curfews: Being home between certain hours (e.g., 7pm-7am)

  2. Geographic restrictions: Not entering certain areas or streets

  3. Reporting requirements: Attending the police station regularly (sometimes daily)

  4. Contact restrictions: Not contacting certain people

  5. Electronic monitoring: Wearing a tag that tracks your location


Bail allows you to be at home, but with significant restrictions on your freedom. Breaking bail conditions is a separate offence.


→ Charged and Released

You're formally charged with an offence and given a court date. You'll receive paperwork detailing the charge and when/where you must appear in court.


→ Remanded in Custody

In serious cases, or if you're considered a flight risk or danger to the public, you may be kept in custody until your court appearance. This means going to prison before you've been convicted of anything - potentially for weeks or months while awaiting trial.



Understanding Joint Enterprise


One aspect of knife crime law that many people don't understand until it's too late is joint enterprise - a legal principle that can see you convicted of serious offences even if you never personally carried or used a knife.


→ What Is Joint Enterprise?

Joint enterprise (also called common purpose or joint criminal enterprise) means that when a crime is committed by a group, every person involved can be held responsible for the actions of any member of that group - even if they didn't directly commit the act themselves.


How Does This Apply to Knife Crime?


  1. If you're with friends and one of them has a knife, you could be charged with possession

  2. If someone in your group uses a knife to threaten someone, you could face the same charges

  3. If someone is seriously injured or killed, you could be convicted of wounding, GBH, or even murder - despite never touching a weapon



→ What the Prosecution Must Prove

For joint enterprise to apply, prosecutors must demonstrate:


  1. A crime was committed by someone in the group

  2. You participated in the criminal activity - this could be fighting, robbery, drug dealing, or even just being present during an assault

  3. You intended to assist or encourage the crime, or you foresaw that someone might commit it


The 2016 Supreme Court case R v Jogee [2016] UKSC 8 clarified that foresight alone isn’t enough — there must be intent to encourage or assist the crime. However, joint enterprise prosecutions remain common and successful.



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Real-World Scenarios


→ Example 1: The Street Confrontation

You're with three friends when you encounter a rival group. Words are exchanged, tensions rise. One of your friends produces a knife and threatens the other group. You didn't know about the knife, didn't want confrontation, and tried to de-escalate.

Legal reality: You could still be charged under joint enterprise if prosecutors argue you participated in the confrontation and should have foreseen weapons might be involved.


→ Example 2: The Robbery

Your friends plan to rob someone. You're uncomfortable but go along anyway, staying at a distance. One friend threatens the victim with a knife. You didn't touch the victim, weren't aware of the knife, and didn't take anything.

Legal reality: You participated in a robbery where a weapon was used. You could face charges for robbery and possession of a weapon under joint enterprise.


→ Example 3: The Fatal Fight

You're involved in a fight between two groups. During the chaos, someone from your side stabs a person who later dies. You didn't have a weapon, didn't see the stabbing happen, and were shocked when you found out.

Legal reality: If prosecutors can prove you were engaged in the fight and violence was foreseeable, you could face murder or manslaughter charges - potentially life imprisonment.


→ "But I Didn't Do Anything"

This is the most common response people have when facing joint enterprise charges. The hard truth is that the law doesn't require you to have personally committed the act. What matters is:


  1. Were you participating in the group's activities?

  2. Did you encourage or assist what happened?

  3. Should you have foreseen that violence or weapon use might occur?


Simply being present isn't enough for conviction - but active participation combined with foresight can be.


→ Withdrawal as a Defence

If you clearly distanced yourself from what was happening before the offence occurred, this can be a defence. Effective withdrawal requires:


  • Physical separation: Actually leaving the scene

  • Clear communication: Telling others you're not involved, that they should stop

  • Time: Withdrawing before the offence happens, not during or after


Just saying "I don't want to do this" isn't enough if you then stay present. Genuine withdrawal must be unequivocal.



Protecting Yourself from Joint Enterprise


Joint enterprise law means that even if you didn’t personally commit a violent act, you can still be convicted if you were part of a group where a serious offence occurred — especially if you knew violence was likely to happen.


If you ever find yourself in a situation that’s escalating, the best action is to leave immediately and make it clear that you’re not involved. Words like “Stop — I’m out, don’t do this” can make your position clear to others and, if later questioned, to the court. Never linger nearby or return to “see what happened.”


To avoid these situations altogether, keep distance from people who carry weapons or talk about violence. Silence or presence can be interpreted as encouragement. Loyalty to friends should never come at the cost of your freedom.


If you’re arrested under joint enterprise, get legal representation straight away. These cases are complex, and “I didn’t do it” isn’t automatically a defence. Be completely honest with your solicitor about your involvement and what you knew — they can only help if they know the full picture.


Court Proceedings and Sentencing


Knife crime and joint enterprise cases begin in the magistrates’ court and can move to the crown court depending on the severity. Less serious possession cases may stay in the magistrates’ court, while more serious cases — such as those involving threats or injuries — are sent to the crown court.


Sentencing follows the guidelines set by the Sentencing Council, but judges may consider personal circumstances and aggravating or mitigating factors. Serious offences like wounding, manslaughter, or murder can lead to life sentences. Even for possession alone, second offences carry a minimum six-month prison term.


Having good legal representation matters. Skilled solicitors present mitigating evidence, challenge weak prosecution arguments, and ensure reports reflect your circumstances accurately. Legal aid is available depending on income and the seriousness of the charge.



Understanding the Impact


A knife crime conviction or joint enterprise sentence can have long-term consequences — including a permanent criminal record, barriers to employment, travel restrictions, and challenges with housing or insurance. Rehabilitation takes time, but honesty, consistency, and engagement with support services make a real difference.

If custody is part of your sentence, you can learn more about what happens next — including reception, routines, rights, visits, and release preparation — on our dedicated Prison Information Page.


Moving Forward


A conviction doesn’t have to define your future. Many people rebuild their lives through education, support networks, and positive change. Reflection, responsibility, and new choices open doors to rehabilitation and employment.

For families and friends supporting someone through this, your role matters more than you might realise — encouragement and connection make a genuine difference.



Further Support and Resources


Kulturalism offers a growing series of handbooks designed to help individuals, families, and professionals navigate the justice system with confidence and clarity. These include:


  1. Knife Crime Handbook 

  2. First Time in Prison Handbook

  3. Leaving Prison Handbook 

  4. The Silent Sentence


Visit our SHOP to explore the full series.


References





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