Jail all knife offenders or have blood on your hands, ministers told

Published on Wednesday 10 February 2010 21:55

THE Scottish Government will have "blood on its hands" if it fails to tackle a knife crime epidemic sweeping the country, a murder victim's father has claimed.

• Picture: TSPL

John Muir, whose son Damian, 34, was killed in a knife attack in Greenock three years ago, spoke out as he backed Labour calls for a mandatory six-month jail term for carrying a weapon.

Labour leader Iain Gray yesterday launched an attempt to have compulsory jail terms for knife offenders included in the Criminal Justice Bill going through Holyrood, with the courts treating knife possession in the same way as gun crime.

Since his son's death, Mr Muir, 69, has campaigned for automatic jail terms for those caught carrying knives and yesterday he insisted mandatory sentencing would deter young people from carrying weapons.

He said: "Anyone who disregards moves to toughen the sentencing laws on knife crime will be seen by the public as having victims' blood on their hands.

"It's the best solution at the present time. Anyone who carries a knife is a user, the possibility of him taking that out and using that knife on someone, that is a dreadful part of the situation."

Mr Gray announced Labour's new knife crime policy during a visit with Mr Muir to Edinburgh's Craigmillar estate yesterday.

He said: "Labour is making it clear that if you carry a knife you should go to jail.

"There needs to be a consistent approach and certainty that, unless there are exceptional circumstances, those who carry knives will face a prison sentence, and the approach that Labour is taking will put knife crime on the same footing as firearms offences."

SNP justice minister Kenny MacAskill insisted there was no need for Labour's amendment on knife crime, as a sentencing council was being proposed to consider such issues.

He added: "The Scottish Government is taking tough action on those who carry and use knives, as well as delivering a record number of police officers to catch them – with recorded crime in Scotland at its lowest level for nearly 30 years.

"We've seen jail terms for knife-carrying increase by a third, and I have made it clear that those who use a knife should expect to go to jail."

Labour's amendment to the Criminal Justice and Licensing Bill is modelled on current firearms law and states that the courts will be compelled to hand down custodial sentences for knife criminals unless there are exceptional circumstances.

The SNP government has committed itself to tackling Scotland's "blade culture", which is particularly prevalent in housing estates in west central Scotland.

However, recent figures indicate that the problem is not getting any better despite public campaigns, heavier sentencing and a series of high-profile police amnesties for knives.

In 2008-9 there were 8,980 offences of handling an offensive weapon recorded by police in Scotland, which is almost the same as the previous year's 8,989 incidents.

Labour's plans were branded "woefully inadequate" by the Conservatives who say they have long backed mandatory knife sentences.

The Liberal Democrats will definitely not be backing the amendment.

A spokesman said: "We feel that mandatory sentencing on this issue would take power away from the courts."

'There was nothing unique or isolated in Damian's death – it could have been avoided'

JOHN Muir has emerged as one of Scotland's most effective campaigners since the murder of his son Damian.

The 34-year-old IT worker was stabbed 18 times by 21-year-old Barry Gavin after he refused to tell him the time near his home in Greenock.

Mr Muir, 69, said his son's death in 2007 was one of "the shameful violent statistics which have blighted the Scottish nation for decades".

And he claims there had been "a very nearly criminal institutional failure" to tackle the problem of knife crime.

Mr Muir has also warned that the failure to "remove this menace decisively" would mean "there will be more needless carnage on the streets of Scotland".

Killer Barry Gavin, who had twice avoided prison after being caught carrying knives, was later jailed for a minimum of 15 years.

Mr Muir said: "My son Damian Muir died at the hands of an individual who could have been prevented from such wickedness, had the appropriate action to avert this individual's destructive path been taken at the first opportunity.

"If the circumstances of Damian's death were unique then I could have been persuaded to accept that his death was an isolated tragedy.

"However, there was nothing unique or isolated, and most certainly it could have been avoided."

Backing mandatory jail terms for those caught carrying knives he added: "There surely should be no place for half measures where an individual arms themselves with a knife or other dangerous weapon."