Mahmood said she had not “taken any options off the table” when asked about changing the legal exemptions that allow Sikhs to carry the ceremonial article of faith.
Her comments follow the murder of Henry Nowak by Vickrum Digwa, who used an eight-inch (21cm) blade that he successfully persuaded the court was a kirpan.
Speaking to ITV, Mahmood said she wanted to balance the protection of religious freedom with the need to ensure that exemptions under criminal law were not misused.
“I haven’t taken any options off the table. I’m also not going in with a fixed mind about what the right clarifications of the law might be,” she said.
“It’s important to get the right balance between religious expression in this country, which is something that many of us of a faith, including myself, hold very dearly, but do so in a way that is within what we expect of our citizens for the criminal law.”
Vickrum Digwa Photo credit: Hampshire Police
She said she had promised the Nowak family that she would examine the issue carefully, adding that the religious exemption had been understood for a long time but that the recent display of much larger kirpans differed from the way most Sikhs traditionally practised this aspect of their faith.
“Usually it’s a much smaller blade and is discreetly worn,” she said.
Family calls for legal definition
Under the Criminal Justice Act 1988, Sikhs who have been baptised and received the necessary spiritual training are permitted to wear a kirpan.
Nowak’s family is calling for the law to specify what constitutes an acceptable kirpan, including its size, type and whether it should be visible.
His father, Mark Nowak, told ITV that he understood the religious importance of carrying the dagger but wanted clearer legal boundaries.
He rejected suggestions that defining the religious article in legislation would be too difficult.
“I don’t accept that it’s difficult to legislate,” he said, arguing that the current uncertainty left police officers unsure when they should intervene.
Badenoch backs review
Tory leader Kemi Badenoch also supported examining the law, describing a change as reasonable.
“Protecting religious freedoms means one particular thing. There is no freedom to murder in any religion. And I think that we need to bring some common sense into this,” she was quoted as saying.
She said religious exemptions should not become loopholes for criminal activity.
“I don’t think using a religious object should allow you to have a lesser sentence. If somebody hurts you with a wooden crucifix, they shouldn’t get a lighter sentence,” she added.
Gurmel Singh, chief executive of the National Sikh Museum, said that discussions about defining the kirpan were necessary but could be difficult because Sikhism did not have a single agreed definition of the article.
Digwa’s life sentence was increased by four years on Thursday (5), taking his minimum term from 21 to 25 years.
