By Steve Bargeton and Graeme Strachan

MINISTERS YESTERDAY rejected calls by police chiefs for a mandatory jail term of 18 months to be handed out to anyone carrying a knife in Scotland.

The Association of Scottish Police Superintendents (ASPS) wanted MSPs to include the measure in the Police, Public Order and Criminal Justice Bill, now going through Holyrood.

The bill doubles the maximum penalty for carrying a knife from two to four years and raises the age at which a person can buy a non-domestic knife from 16 to 18.

But in written evidence to Holyrood’s justice 2 committee, which meets later today, the association said the provisions did not go far enough in confronting “the problems and issues associated with knife crime in Scotland.”

“The association has previously expressed an opinion that the proposed increase in maximum sentence for conviction on indictment from two to four years will have limited effect, as the vast majority of such offences are dealt with summarily.

“In addition to the amendments proposed, the association suggests a provision be included for mandatory sentencing of 18 months imprisonment for conviction on summary (charge) for offensive weapon offences.

“Parallels may be drawn with the introduction of mandatory minimum sentencing for drink- driving offences, which was seen as a necessary step in influencing driver behaviour in relation to alcohol. It is felt that such a similar move would contribute substantially in tackling the knife crime culture in Scotland.”

Chief Superintendent Clive Murray of Tayside police, who is also national vice-president of the ASPS, supported the call for automatic 18 month jail sentences.

“The justice minister announced a crackdown against knife crime but if we’re going to be serious about this we perhaps need to move to mandatory sentences,” said Mr Murray.

“It is quite clear an element of the population—particularly young men—will routinely carry knives, supposedly for their own protection.

“From that you can conclude that the criminal justice system doesn’t afford them that protection. That is not acceptable. If it’s reached that situation then a culture shift is clearly required.”

He added, “If we need to shift a culture through more robust sentencing then that’s what must happen.

“If you need support for this move just speak to the surgeons who see dying and dead patients lying on their operating tables every Friday night after being stabbed.”

Dundee MSP Marlyn Glen said the Scottish Executive is tackling knife crime in a determined manner, despite the senior police officers’ claim.

“The Executive’s own proposals show that they are tackling knife crime in a determined manner,” Ms Glen said.

“That is why the Executive’s Police Bill will increase the maximum penalty for carrying a knife from two to four years and raise the age from 16 to 18 on the sale of non-domestic knives.

“It also why it is granting the police an unconditional power to arrest someone whom they suspect is carrying a knife or an offensive weapon.”

However, the Scottish Executive made it clear that the mandatory sentence proposal did not have the support of ministers.

A spokesman said, “While sentencing decisions are quite rightly made by the courts, we believe that by increasing the maximum sentence for carrying a knife we are sending a strong signal that knife crime will not be tolerated and should be treated seriously.”

He added, “However, to specify a fixed mandatory sentence would remove the flexibility for the court to reflect the facts and individual circumstances of each case and set a lower or higher penalty accordingly.”

SNP justice spokesman Kenny MacAskill also warned of the dangers of mandatory sentences.

“They can cause extreme hardship by severely punishing the foolish as well as the vicious,” he said.

“Precedent in the United States has seen mandatory life sentencing for a third offence result in a life sentence being passed for stealing a slice of pizza. However, if we cannot break the knife culture, there may be little alternative to such a measure.”