Ministers McEntee and Browne amending legislation to increase penalties for knife crime

The Minister for Justice Helen McEntee today secured Cabinet approval to amend legislation in order to increase sentences for a number of knife-related crimes.

Crediting her colleague James Browne for his work with the Anti-Social Behaviour Forum and its subgroups, which resulted in these proposals, Minister McEntee said:

"There is a difference between carrying a knife and carrying with intent. The current maximum sentence for serious offences - possession of a knife with intent to unlawfully cause injury, trespassing with a knife, and producing a knife to unlawfully intimidate another person - do not appear to be proportionate when compared with simple possession of a knife, and yet they carry the same maximum sentence of 5 years.

"That is why we are changing the maximum penalty for these serious knife crime offences, clearly targeting persons who have a willingness and intent to use knives, to a 7-year maximum sentence. We are also increasing the penalty for importing and selling knives and such weapons from 7 to 10 years. This sentence increase is in line with other recent increases I have made, including doubling the maximum sentence for assault causing harm and increasing the maximum sentence for conspiracy to murder to life."

Minister McEntee also outlined a number of changes to strengthen the use of ASBOs (anti-social behaviour orders) which were also recommended by the Forum. This includes making it easier to issue an ASBO and better training for Gardaí to use ASBOs.

The Anti-Social Behaviour Forum was established in 2020 and has been chaired by Minister of State James Browne. Its work has reflected the ongoing commitment of the government to tackling anti-social behaviour and helping communities feel safe. The forum has made a number of key recommendations spanning the entire government, including the expansion of youth diversion services, local leadership programmes and strengthening the powers of An Garda Síochána.

Commenting on work of the Forum, Minister Browne noted:

"The Anti-Social Behaviour Forum has rightly noted the great work already being done, particularly in the area of Youth Justice. Protecting our young people from becoming involved in crime, including knife crime, is a top priority for the whole government.

"The government’s funding for youth justice services rose to €33 million this year. This sustained support is helping us to grow our Youth Diversion Network and to expand the services being offered to young people and their families. This work will benefit all our communities, not just now but into the future, as we invest in the future of our young people."

Minister McEntee also updated her colleagues today on a number of other measures which are already being taken to tackle anti-social behaviour and wider crime.

They include:

the deployment of a Proof of Concept for body-worn cameras for Gardaí in Dublin City Centre, Waterford, and Limerick in 2024. This will help to inform the nationwide rollout of these vital pieces of equipment to all Garda members
introducing Facial Recognition Technology in a number of limited and defined circumstances as a tool to search evidence in the most serious of cases, with legislation published before the summer recess
stronger Garda Powers resulting in the nationwide seizure of 44 quad bikes and 133 scramblers by An Garda Síochána from 1 January 2023 to 5 February 2024
providing the funding necessary to strengthen the equipment available to An Garda Síochána for public order policing, including the deployment of tasers and stronger incapacitant spray
the introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area
continued expansion of youth justice and youth diversion members, including interventions for typically hard-to-reach young people and early interventions for 8-11 year olds who may be at risk of becoming engaged in criminal activity
working to commence the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024 to criminalise the grooming of children into a life of crime
proposing solutions to public order and anti-social “wicked problems” through the Local Leadership Programme which brings together local stakeholders in a structured manner

She said:

"Since my appointment as Minister, we are taking a number of measures to tackle anti-social and other behaviour which cause serious concern in our communities. The Gardaí are using stronger powers, under the new road traffic legislation, to seize scrambler bikes and quads, which can do dreadful damage. We are determined to support Gardaí with better equipment. Body-worn cameras for Gardaí will begin their Pilot phase in Dublin City Centre, Limerick, and Waterford this year. Our increased funding for the expansion of youth diversion projects, alongside the rollout of the new community safety partnerships and the development of community safety plans across the country will further strengthen our communities and help protect our young people from falling into criminality."

Minister McEntee also told Cabinet of her intention to revert to them, in the near future, with plans for a General Scheme of a Life Sentences Bill. It will allow judges to recommend a minimum period to be served in custody before a person is released on parole. It will not give rise to a presumption towards release on its expiry.

Notes

The Anti-Social Behaviour forum was established arising from a commitment in the Programme for Government in 2020 under the mission to build stronger and safer communities to:

Set-up a special expert forum on anti-social behaviour, to consider the effectiveness of existing legislation and propose new ways forward including new powers for An Garda Síochána and additional interventions to support parenting of offenders.

Under action 7.2 of the Justice Plan 2023, the Anti-Social Behaviour Forum is tasked to:

carry out a review of the powers available to An Garda Síochána in relation to public order and Anti-Social Behaviour to include the effectiveness of ASBOs.

The forum has since made a number of recommendations focused on offences under the Public Order Acts, but not related either to serious crime (such as drugs and organised crime) or low-level nuisances such as litter and graffiti for which Gardaí do not have primary responsibility.

A subgroup of the Anti-Social Behaviour Forum was also established, focusing on Knife-Crime offences. Recommendations to strengthen legislative powers to tackle knife-crime have been agreed upon within the group following consultation with An Garda Síochána, the Office of the Director of Public Prosecutions, and the Irish Prison Service.

The subgroup’s recommendations are to increase the penalties of Sections 9(5), 10, 11, and 12 of the Firearms and Offensive Weapons Act 1990:

Section 9(1): possession of a knife in a public place, to remain at a maximum penalty of 5 years
Section 9(5): possession with intent to unlawfully cause injury, to increase maximum penalty of 5 years to 7 years
Section 10: trespassing with a knife, weapon of offence or other article, to increase maximum penalty of 5 years to 7 years
Section 11: production of an article capable of inflicting serious injury (to unlawfully intimidate another person), to increase maximum penalty of 5 years to 7 years
Section 12: the manufacture, importation, sale, hire or loan of offensive weapons, to increase maximum penalty of 7 years to 10 years

The below table, provided by the Garda authorities, outlines the number of knives that have been seized in each of the last five years.

Year	2019	2020	2021	2022	2023
Knives seized	2,146	2,260	1,835	2,163	2,186

ASBOs

A number of recommendations have been made in relation to Anti-Social Behaviour orders.

Legislation

The minimum rank for application for an Anti-Social Behaviour Orders (ASBO) should be lowered from Superintendent to allow an Inspector to apply for an ASBO.

A review of legislation in regards to the 30 day time limit in which notification of an Anti-Social Behaviour Warnings (ASBW) is served should be carried out with options for extension considered.

Garda training

A guidance document for use of ASBWs and ASBOs should be created and widely disseminated.

Additional education around ABWs and ASBOs should be provided to superintendents as part of the Superintendent Development Course and extended to Inspectors, should the minimum rank be lowered.

Garda and Court Policy and Practice

The S.A.R.A. (scanning, analysis, response, assessment) model should be implemented by all stakeholders in the community tackling anti-social behaviour.

New, alternative processes involving youths and ASBWs and ASBOs should be introduced including those that that divert the young person from the standard criminal justice process.

“Exclusion orders” under Section 3 of the Criminal Justice (Public Order) Act 2003, should be applied for rather than the issuance of an ASBW for certain offences.