Offensive Weapons Bill (HC Bill 232)

(2) In paragraph (2)(a), after “any article to which paragraph (9) applies” insert “,
any substance to which paragraph (9ZA) applies”.

(3) In paragraph (3), after “any article to which paragraph (9) applies” insert “, any
substance to which paragraph (9ZA) applies”.

(4) 5In paragraph (6), after “an article to which paragraph (9) applies” insert “, a
substance to which paragraph (9ZA) applies”.

(5) After paragraph (9) insert—

“(9ZA) This paragraph applies to any substance in relation to which a person
has committed, or is committing or is going to commit an offence under
10section 5 of the Offensive Weapons Act 2018 (offence of having a
corrosive substance in a public place).

(9ZB) In this Article references to such a substance include an article which
contains such a substance.”

(6) In Schedule 2A to the Police (Northern Ireland) Act 2003 (powers and duties of
15community support officer), after paragraph 17 insert—

““Powers in relation to corrosive substances

17A A CSO shall have the powers of a constable under Article 3 of the
1989 Order in relation to any substance to which paragraph (9ZA) of
that Article applies.”

11 20Consequential amendments relating to section 5

(1) In section 1ZA(1)(a) of the Prevention of Crime Act 1953 (offence under section
1: previous relevant convictions)—

(a) omit the “or” at the end of sub-paragraph (i), and

(b) at the end of sub-paragraph (ii) insert “or

(iii) 25section 5 of the Offensive Weapons Act 2018,”.

(2) In section 139AZA(1)(a) of the Criminal Justice Act 1988 (offences under
sections 139 and 139A: previous relevant convictions)—

(a) omit the “or” at the end of sub-paragraph (i), and

(b) at the end of sub-paragraph (ii) insert “or

(iii) 30section 5 of the Offensive Weapons Act 2018,”.

Sale and delivery of knives etc

12 Defence to sale of bladed articles to persons under 18: England and Wales

(1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 141A (sale of bladed articles to persons under 18) as that section has
35effect in England and Wales, in subsection (4), for “It” substitute “Subject to
section 141B, it”.

(3) After section 141A insert—

141B   Limitations on defence to offence under section 141A: England and
Wales

(1) This section applies if—

(a) 5a person (“the seller”) is charged with an offence under section
141A (sale of bladed articles to persons under 18), and

(b) the seller was not in the presence of the person (“the buyer”) to
whom the article to which the charge relates was sold at the
time of the sale.

(2) 10For the purposes of subsection (1)(b) the seller was not in the presence
of the buyer at the time of the sale if—

(a) where the seller is an individual, the seller or a person acting on
the seller’s behalf was not in the presence of the buyer at that
time;

(b) 15where the seller is not an individual, a person acting on the
seller’s behalf was not in the presence of the buyer at that time.

(3) The seller is not to be regarded as having proved that they took all
reasonable precautions and exercised all due diligence to avoid the
commission of the offence unless, as a minimum, they prove that the
20following conditions are met.

(4) Condition A is that, at the time the offence is alleged to have been
committed—

(a) the seller operated a system for checking that persons who
bought articles to which section 141A applied by the same or a
25similar method of purchase to that used by the buyer were not
under the age of 18, and

(b) that system was likely to prevent persons under the age of 18
from buying such articles by that method.

(5) Condition B is that when the package containing the article was
30dispatched by the seller, it was clearly marked to indicate—

(a) that it contained an article with a blade or which was sharply
pointed (as the case may be), and

(b) that, when finally delivered, it should only be delivered into the
hands of a person aged 18 or over.

(6) 35Condition C is that the seller took all reasonable precautions and
exercised all due diligence to ensure that, when finally delivered, the
package would be delivered into the hands of a person aged 18 or over.

(7) Condition D is that the seller did not deliver the package, or arrange for
its delivery, to a locker.

(8) 40Where the article to which section 141A applied was dispatched by the
seller to a place from which it was to be collected by the buyer or a
person acting on behalf of the buyer, references in subsections (5) and
(6) to the final delivery of the article are to be read as its supply to the
buyer or a person acting on behalf of the buyer from that place.

(9) 45In subsection (7) “locker” means a lockable container to which the
package was delivered with a view to its collection by the buyer, or a

person acting on behalf of the buyer, in accordance with arrangements
made between the seller and the buyer.”

13 Defence to sale etc of bladed articles to persons under 18: Scotland

(1) The Criminal Justice Act 1988 is amended as follows.

(2) 5In section 141A (sale or letting on hire of bladed articles to persons under 18)
as that section has effect in Scotland, in each of subsections (3A) and (4), for “It”
substitute “Except where section 141C applies, it”.

(3) After section 141B (inserted by section 12(3)) insert—

141C   Defence to offence under section 141A where remote sale or letting
10on hire: Scotland

(1) This section applies if—

(a) a person (“the accused”) is charged with an offence under
section 141A (sale or letting on hire of bladed articles to persons
under 18), and

(b) 15the accused was not in the presence of the person (“the
recipient”) to whom the article to which the charge relates was
sold or let on hire at the time of the sale or letting on hire.

(2) For the purposes of subsection (1)(b) the accused was not in the
presence of the recipient at the time of the sale or letting on hire if—

(a) 20where the accused is an individual, the accused or a person
acting on the accused’s behalf was not in the presence of the
recipient at that time;

(b) where the accused is not an individual, a person acting on the
accused’s behalf was not in the presence of the recipient at that
25time.

(3) It is a defence for the accused to show that the conditions in subsections
(5) to (8) are met.

(4) The accused is to be taken to have shown a matter mentioned in
subsections (5) to (8) if—

(a) 30sufficient evidence of the matter is adduced to raise an issue
with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(5) Condition A is that, at the time the offence is alleged to have been
committed—

(a) 35the accused operated a system for checking that persons who
bought or hired articles to which section 141A applied by the
same or a similar method of purchase or hire to that used by the
recipient were not under the age of 18, and

(b) that system was likely to prevent persons under the age of 18
40from buying or hiring such articles by that method.

(6) Condition B is that when the package containing the article was
dispatched by the accused, it was clearly marked to indicate—

(a) that it contained an article with a blade or which was sharply
pointed (as the case may be), and

(b) that, when finally delivered, it should only be delivered into the
hands of a person aged 18 or over.

(7) Condition C is that the accused took all reasonable precautions and
exercised all due diligence to ensure that, when finally delivered, the
5package would be delivered into the hands of a person aged 18 or over.

(8) Condition D is that the accused did not deliver the package, or arrange
for its delivery, to a locker.

(9) Where the article to which section 141A applied was dispatched by the
accused to a place from which it was to be collected by the recipient or
10a person acting on behalf of the recipient, references in subsections (6)
and (7) to the final delivery of the article are to be read as its supply to
the recipient, or a person acting on behalf of the recipient, from that
place.

(10) In subsection (8) “locker” means a lockable container to which the
15package was delivered with a view to its collection by the recipient, or
a person acting on behalf of the recipient, in accordance with
arrangements made between the accused and the recipient.”

(4) In section 172(4) (provisions which extend only to Scotland) after the entry for
section 141ZA insert—

• 20““section 141C;”.

14 Defence to sale of bladed articles to persons under 18: Northern Ireland

(1) The Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)SI 1996/3160 (NI 24)) is
amended as follows.

(2) In Article 54 (sale of bladed articles to persons under 18), in paragraph (4), for
25“It” substitute “Subject to Article 54A, it”.

(3) After that Article insert—

“54A Limitations on defence to offence under Article 54

(1) This Article applies if—

(a) a person (“the seller”) is charged with an offence under Article
3054 (sale of bladed articles to persons under 18), and

(b) the seller was not in the presence of the person (“the buyer”) to
whom the article to which the charge relates was sold at the
time of the sale.

(2) For the purposes of paragraph (1)(b) the seller was not in the presence
35of the buyer at the time of the sale if—

(a) where the seller is an individual, the seller or a person acting on
the seller’s behalf was not in the presence of the buyer at that
time;

(b) where the seller is not an individual, a person acting on the
40seller’s behalf was not in the presence of the buyer at that time.

(3) The seller is not to be regarded as having proved that they took all
reasonable precautions and exercised all due diligence to avoid the
commission of the offence unless, as a minimum, they prove that the
following conditions are met.

(4) Condition A is that, at the time the offence is alleged to have been
committed—

(a) the seller operated a system for checking that persons who
bought articles to which Article 54 applied by the same or a
5similar method of purchase to that used by the buyer were not
under the age of 18, and

(b) that system was likely to prevent persons under the age of 18
from buying such articles by that method.

(5) Condition B is that when the package containing the article was
10dispatched by the seller, it was clearly marked to indicate—

(a) that it contained an article with a blade or which was sharply
pointed (as the case may be), and

(b) that, when finally delivered, it should only be delivered into the
hands of a person aged 18 or over.

(6) 15Condition C is that the seller took all reasonable precautions and
exercised all due diligence to ensure that, when finally delivered, the
package would be delivered into the hands of a person aged 18 or over.

(7) Condition D is that the seller did not deliver the package, or arrange for
its delivery, to a locker.

(8) 20Where the article to which Article 54 applied was dispatched by the
seller to a place from which it was to be collected by the buyer or a
person acting on behalf of the buyer, references in paragraphs (5) and
(6) to the final delivery of the article are to be read as its supply to the
buyer or a person acting on behalf of the buyer from that place.

(9) 25In paragraph (7) “locker” means a lockable container to which the
package was delivered with a view to its collection by the buyer, or a
person acting on behalf of the buyer, in accordance with arrangements
made between the seller and the buyer.”

15 Delivery of bladed products to residential premises etc

(1) 30This section applies if—

(a) a person (“the seller”) sells a bladed product to another person (“the
buyer”), and

(b) the seller and the buyer are not in each other’s presence at the time of
the sale.

(2) 35The seller commits an offence if, for the purposes of supplying the bladed
product to the buyer, the seller delivers the bladed product, or arranges for its
delivery, to residential premises.

(3) The seller commits an offence if, for the purposes of supplying the bladed
product to the buyer, the seller delivers the bladed product, or arranges for its
40delivery, to a locker.

(4) For the purposes of subsection (1)(b) a person (“A”) is not in the presence of
another person (“B”) at any time if—

(a) where A is an individual, A or a person acting on behalf of A is not in
the presence of B at that time;

(b) 45where A is not an individual, a person acting on behalf of A is not in the
presence of B at that time.

(5) In subsection (2) “residential premises” means premises used solely for
residential purposes.

(6) The circumstances where premises are not residential premises for the
purposes of that subsection include, in particular, where a person carries on a
5business from the premises.

(7) In subsection (3) “locker” means a lockable container to which the bladed
product is delivered with a view to its collection by the buyer, or a person
acting on behalf of the buyer, in accordance with arrangements made between
the seller and the buyer.

(8) 10A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a
term not exceeding 51 weeks, to a fine or to both;

(b) on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months, to a fine not
15exceeding level 5 on the standard scale or to both.

(9) In relation to an offence committed before the coming into force of section
281(5) of the Criminal Justice Act 2003, the reference in subsection (8)(a) to 51
weeks is to be read as a reference to 6 months.

(10) This section is subject to section 16 (defences).

16 20Defences to offence under section 15

(1) It is a defence for a person charged with an offence under section 15 to prove
that they took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.

(2) It is a defence for a person charged with an offence under section 15 to prove
25that the bladed product was designed or manufactured for the buyer in
accordance with specifications provided by the buyer.

(3) It is a defence for a person charged with an offence under section 15 to prove
that—

(a) the bladed product was adapted for the buyer before its delivery in
30accordance with specifications provided by the buyer, and

(b) the adaptations were made to enable or facilitate the use of the product
by the buyer or its use for a particular purpose.

(4) It is a defence for a person charged with an offence under section 15 to prove
that they reasonably believed that the buyer bought the bladed product for use
35for relevant sporting purposes or for the purposes of historical re-enactment.

(5) In the application of this section to Scotland references to a person proving a
matter are to be read as references to a person showing a matter.

(6) For the purposes of subsection (5) a person is to be taken to have shown a
matter mentioned in this section if—

(a) 40sufficient evidence of the matter is adduced to raise an issue with
respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) The appropriate national authority may by regulations provide for other
defences to the offence under section 15.

(8) In this section—

• “the appropriate national authority” means—

  (a)

  in relation to England and Wales, the Secretary of State,

  (b)

  in relation to Scotland, the Scottish Ministers, and

  (c)

  5in relation to Northern Ireland, the Department of Justice in
  Northern Ireland;

• “the buyer” has the same meaning as in section 15;

• “historical re-enactment” means a presentation or other event held for the
  purpose of re-enacting an event from the past or of illustrating conduct
  10from a particular time or period in the past.

(9) For the purposes of this section a bladed product is used by a person for
relevant sporting purposes if and only if—

(a) the product is used by the person to participate in a competitive sport
involving combat between individuals, and

(b) 15use of the product is an integral part of that sport.

17 Meaning of “bladed product” in sections 15 and 16

(1) Subject to subsections (2) to (4), in sections 15 and 16 “bladed product” means
an article which—

(a) is or has a blade, and

(b) 20is capable of causing a serious injury to a person which involves cutting
that person’s skin.

(2) In sections 15 and 16 so far as they apply to England and Wales, “bladed
product” does not include an article described in—

(a) section 1 of the Restriction of Offensive Weapons Act 1959,

(b) 25an order under section 141(2) of the Criminal Justice Act 1988, or

(c) an order made by the Secretary of State under section 141A(3)(c) of that
Act.

(3) In sections 15 and 16 so far as they apply to Scotland, “bladed product” does
not include an article described in—

(a) 30section 1 of the Restriction of Offensive Weapons Act 1959,

(b) an order under section 141(2) of the Criminal Justice Act 1988,

(c) an order made by the Secretary of State under section 141A(3)(c) of that
Act which applies to Scotland, or

(d) an order made by the Scottish Ministers under section 141A(3)(c) of that
35Act.

(4) In sections 15 and 16 so far as they apply to Northern Ireland, “bladed product”
does not include an article described in—

(a) Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI
1996/3160 (NI 24)),

(b) 40an order under section 141(2) of the Criminal Justice Act 1988, or

(c) an order under Article 54 of the Criminal Justice (Northern Ireland)
Order 1996.

18 Delivery of bladed articles to persons under 18

(1) This section applies if—

(a) a person (“the seller”) sells a bladed article to another person (“the
buyer”),

(b) the seller and the buyer are not in each other’s presence at the time of
the sale and the seller is outside the United Kingdom at that time,

(c) 5before the sale, the seller entered into an arrangement with a person
who is a body corporate by which the person agreed to deliver bladed
articles for the seller,

(d) that person was aware when they entered into the arrangement that it
covered the delivery of bladed articles, and

(e) 10that person delivers the bladed article pursuant to that arrangement.

(2) For the purposes of subsection (1)(b) a person (“A”) is not in the presence of
another person (“B”) at any time if—

(a) where A is an individual, A or a person acting on behalf of A is not in
the presence of B at that time;

(b) 15where A is not an individual, a person acting on behalf of A is not in the
presence of B at that time.

(3) For the purposes of subsection (1)(b) a person other than an individual is
outside the United Kingdom at any time if the person does not carry on a
business of selling articles of any kind from premises in any part of the United
20Kingdom at that time.

(4) The person mentioned in subsection (1)(e) is guilty of an offence if, when they
deliver the bladed article, they do not deliver it into the hands of a person aged
18 or over.

(5) It is a defence for a person charged in England and Wales or Northern Ireland
25with an offence under subsection (4) to prove that they took all reasonable
precautions and exercised all due diligence to avoid the commission of the
offence.

(6) It is a defence for a person (“the accused”) charged in Scotland with an offence
under subsection (4) to show that—

(a) 30the accused believed the person into whose hands the bladed article
was delivered to be aged 18 or over, and

(b) either the accused had taken reasonable steps to establish the person’s
age or no reasonable person could have suspected from the person’s
appearance that the person was under the age of 18.

(7) 35For the purposes of subsection (6)(b), the accused is to be treated as having
taken reasonable steps to establish the person’s age if and only if—

(a) the accused was shown any of the documents mentioned in subsection
(8), and

(b) the document would have convinced a reasonable person.

(8) 40Those documents are any document bearing to be—

(a) a passport,

(b) a European Union photocard driving licence, or

(c) such other document, or a document of such other description, as the
Scottish Ministers may prescribe by order.

(9) 45The accused is to be taken to have shown a matter mentioned in subsection (6)
if—

(a) sufficient evidence of the matter is adduced to raise an issue with
respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(10) A person who is guilty of an offence under subsection (4) is liable—

(a) 5on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding level 5 on the standard scale.

(11) In this section “bladed article”—

(a) in relation to England and Wales, means an article to which section
10141A of the Criminal Justice Act 1988 applies (as that section has effect
in relation to England and Wales);

(b) in relation to Scotland, means an article to which section 141A of the
Criminal Justice Act 1988 applies (as that section has effect in relation
to Scotland and disregarding subsection (3A) of that section);

(c) 15in relation to Northern Ireland, means an article to which Article 54 of
the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160SI 1996/3160 (NI
24)) applies.

Possession etc of certain offensive weapons

19 Amendments to the definition of “flick knife”

(1) 20In section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for
offences in connection with dangerous weapons), in subsection (1), for
paragraph (a) substitute—

“(a) any knife which has a blade which opens automatically—

(i) from the closed position to the fully opened position, or

(ii) 25from a partially opened position to the fully opened
position,

by manual pressure applied to a button, spring or other device
in or attached to the knife, and which is sometimes known as a
“flick knife” or “flick gun”; or”.

(2) 30In Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/
3160 (NI 24)) (manufacture or sale etc of certain knives), in paragraph (1), for
the first sub-paragraph (a) substitute—

“(a) any knife which has a blade which opens automatically—

(i) from the closed position to the fully opened position, or

(ii) 35from a partially opened position to the fully opened
position,

by manual pressure applied to a button, spring or other device
in or attached to the knife, and which is sometimes known as a
“flick knife” or “flick gun”; or”.

20 40Prohibition on the possession of certain dangerous knives

(1) Section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for
offences in connection with dangerous weapons) is amended in accordance
with subsections (2) and (3).

(2) After subsection (1) insert—

“(1A) Any person who possesses any knife of a kind described in subsection
(1) is guilty of an offence.

(1B) A person guilty of an offence under subsection (1A) is liable—

(a) on summary conviction in England and Wales, to
5imprisonment for a term not exceeding 51 weeks, to a fine or to
both;

(b) on summary conviction in Scotland, to imprisonment for a term
not exceeding 6 months, to a fine not exceeding level 4 on the
standard scale or to both.

(1C) 10In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003, subsection (1B)(a) has
effect as if the reference to 51 weeks were to 6 months.”

(3) In subsection (2), for “any such knife as is described in the foregoing
subsection” substitute “any knife of a kind described in subsection (1)”.

(4) 15Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160SI 1996/3160
(NI 24)) (manufacture or sale etc of certain knives) is amended in accordance
with subsections (5) and (6).

(5) The existing text becomes paragraph (1).

(6) After that paragraph insert—

“(2) 20Any person who possesses any knife of a kind described in paragraph
(1) is guilty of an offence.

(3) A person guilty of an offence under paragraph (2) is liable—

(a) on summary conviction, to imprisonment for a term not
exceeding 12 months, to a fine not exceeding the statutory
25maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 4 years, to a fine or to both.”

21 Prohibition on the possession of offensive weapons on further education
premises

(1) 30Section 139A of the Criminal Justice Act 1988 (offence of having offensive
weapon on school premises) is amended in accordance with subsections (2) to
(7).

(2) In the heading, for “school premises” substitute “education premises”.

(3) In subsection (1), after “school premises” insert “or further education
35premises”.

(4) In subsection (2), after “school premises” insert “or further education
premises”.

(5) For the subsection (5) that has effect in England and Wales and for the
subsection (5) that has effect in Northern Ireland substitute—

“(5) 40A person guilty of an offence under subsection (1) or (2) is liable—

(a) on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine,
or to both;