‘The Usual Suspects’: Knife Crime Prevention Orders and the ‘Difficult’ Regulatory Subject

Published online on July 16, 2021

Abstract

Knife Crime Prevention Orders (KCPOs) were introduced by the Offensive Weapons Act 2019 with the stated aim of providing additional tools for police to use in combatting increasing rates of knife crime in England and Wales. This article situates KCPOs within a continuous policy trend of procedural hybridization, and highlights the worrying manner in which such criminalization, underpinned by a preventive logic and facilitated by this hybrid procedure, enables new forms of ‘othering’. Drawing a threefold distinction within the concept of the regulatory subject—the responsible, the rational/virtuous and the difficult/other—it argues that preventive hybrids generate a self-fulfilling category of ‘difficult’ subjects, while simultaneously denying them the procedural protections normally afforded to the responsible subject of classical criminal law.