Knife sentencing review: what the new consultation means for defendants
Published 15 October 2026 · Peter Bonner & Co Criminal Defence Team · Reviewed and approved by Chris Carter, Principal Solicitor
The Sentencing Council opened a consultation on 14 October 2026 on six new and revised sentencing guidelines covering knives, offensive weapons and corrosive substances in England and Wales. Responses are invited until 6 January 2027.
For anyone facing an allegation, the immediate distinction matters: these are proposed sentencing guidelines. Their publication does not bring them into force or decide the outcome of an existing case.
What is being reviewed?
The package revisits guidance on having and threatening with weapons in public, together with the guideline for children and young people. It also proposes new guidelines covering threatening with weapons or corrosive substances in private, possession of prohibited weapons in private and dangerous knives, and possession with intent to use unlawful violence.
The Council says the review follows evaluation of existing guidance and legislative developments. It is seeking views from defendants and their families as well as legal professionals and others affected by sentencing.
Why the circumstances of possession matter
One proposal addresses cases where a person’s explanation for having a bladed article or highly dangerous weapon falls just short of a reasonable excuse. The Council identified confusion about how such circumstances should affect the assessment of culpability — the offender’s level of responsibility. Its proposed approach expressly places that combination in category B of the adult public-possession guideline.
That is a proposal about sentencing after guilt has been established. A defence which, if proved, answers the charge is a separate question. The distinction should be examined before any plea is entered.
Current CPS guidance explains that the precise article, the location and what the person did with it matter to charging decisions. It also warns that having an item for work does not automatically establish an excuse: the surrounding circumstances and connection with the work require examination. An explanation should therefore be supported by evidence wherever possible.
A particular issue for children and families
The Council proposes adding coercion, intimidation or exploitation to the factors indicating that a non-custodial sentence may be appropriate for a child or young person. It also proposes extending the youth guideline to additional weapon offences.
This would not guarantee a community outcome or create an automatic defence. The court would still need to consider the whole case. For parents, the practical message is to raise concerns about pressure or exploitation with the solicitor early, so that they can be investigated and presented accurately.
What should someone facing a charge do now?
Advice should focus first on the exact charge and the prosecution evidence. Ask your solicitor which legal provisions and current guideline apply, whether there is a defence, and which facts may be disputed even if a guilty plea is being considered.
Useful material may include work records, relevant messages, witness details and information about vulnerability or threats. Preserve existing material and discuss it privately with your legal representative. Avoid posting explanations or case documents on social media.
A consultation is not a reason to miss a hearing or delay obtaining advice. Peter Bonner & Co can review the allegation, explain the available options and prepare the evidence needed for the individual case. We also help parents understand police interviews and Youth Court proceedings.
General information: This article concerns England and Wales and reflects sources checked on 15 October 2026. It is general information, not legal advice on an individual case. The proposed guidelines remain subject to consultation.
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