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Offensive Weapons Table of Offences, Defences and Applicability

|Legal Guidance

TABLE OF OFFENCES, DEFENCES AND APPLICABILITY

1.      POSSESSION

SECTION 1 PREVENTION OF CRIME ACT 1953

DEFENCE

 

 POSSESSION OF AN OFFENSIVE WEAPON

E/W Max penalty 4 years

Prove

  • date and location
  • without lawful authority/reasonable excuse
  • had with you in a public place
  • article made or adapted for use for causing injury to the person, OR
  • intended by the person having it with him for such use by him or by some other person

 

Element/s not proven

that it was without lawful authority or reasonable excuse, the proof whereof shall lie on him

Applies to any article made or adapted for use for causing injury to the person or intended by the person having it with him for such use by him or by some other person. Note - The court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.

SECTION 1A RESTRICTION OF OFFENSIVE WEAPONS ACT 1959

 

1959(AS AMNEDED

 

DEFENCE

 

POSSESSION OF CERTAIN DANGEROUS KNIVES (AS AMENDED BY OWA 2019)

Max Penalty – 6 months and/or fine

Prove

  • date and location
  • had with you
  • a flick knife OR
  • a gravity knife

 

Element/s not proven

that the knife was possessed only as the operator of, or as a person acting on behalf of, a museum or gallery or that where the operator of, or person acting on behalf of, a museum or gallery is charged with hiring or lending a knife if this kind that there were reasonable grounds for believing that the person to whom it was lent or hired would use it only for cultural, artistic or educational purposes

Applies to any knife which has a blade which opens automatically from the closed position to the fully open position OR from a partially open position to a fully open position by manual pressure applied to a button, spring or other device in or attached to the  knife, sometimes known as a “flick knife” or “flick gun”; or any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”

SECTION 139 CRIMINAL JUSTICE ACT 1988

DEFENCE

 

E/W Max 4 years imprisonment

Prove

  • date and location
  • had without good reason or lawful authority
  • article with blade or is sharply pointed or is a folding pocket knife with cutting edge that exceeds 3 inches

 

Element/s not proven

that he had good reason or lawful authority for having the article with him in a public place or  that he had the article with him for use at work; for religious reasons; or as part of any national costume.

Applies to any article which has a blade or is sharply pointed except a folding pocketknife or a folding pocketknife if the cutting edge of its blade exceeds 3 inches with him in a public place shall be guilty of an offence.

Note that “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.

2.      POSSESSION/CORROSIVE SUBSTANCE

SECTION 6 OFFENSIVE WEAPONS ACT 2019

DEFENCE

 

*NOT YET IN FORCE*

 

E/W Max penalty 4 years imprisonment

Prove

  • date and location
  • without good reason or lawful authority
  • had with you in a public place
  • a corrosive substance

Element/s not proven

that they had good reason or lawful authority for having the corrosive substance with them in a public place  or  that they had the corrosive substance with them for use at work.

Note that “corrosive substance” means a substance which is capable of burning human skin by corrosion; “public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise

 

3.      POSSESSION/THREAT

SECTION 1A PREVENTION OF CRIME ACT 1953

DEFENCE

 

E/W Max penalty 4 years imprisonment.

Prove

  • date and location
  • had with you in a public place
  • an offensive weapon
  • unlawfully and intentionally threatens another with the weapon
  • does so in such a way that there is an immediate risk of serious physical harm to that other person

 

Element/s not proven

Applies to any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.

4.      POSSESSION/PRIVATE PLACE

SECTION 141 (1A) CRIMINAL JUSTICE ACT 1988

DEFENCE

 

Max Penalty – 6 months and/or fine

Prove

  • Date and location
  • Had with him
  • a weapon as shown in the third column
  • in private

Element/s not proven

that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force. 

that the weapon in question is one of historical importance.

that they possessed the weapon in question only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery or  if the operator of, or a person acting on behalf of, a museum or gallery is charged with hiring or lending a weapon to which this section applies that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.

that they possessed the weapon in question for educational purposes only

 that they possessed the weapon in question only for either theatrical performances and allied rehearsal, the production of films or television programmes.

that the weapon was made before 1954 or was made at any other time according to traditional methods of making swords by hand

that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which 3rd party insurance is held 

that his conduct was for the purpose only of making the weapon available for the purposes of use in religious ceremonies/for religious reasons/ re Sikh religious ceremony or other ceremonial event relating to a curved sword

[See Criminal Justice Act 1988 (Offensive Weapons) Order 1988) for description of the weapons it applies to as set out below]: A knuckleduster, a swordstick, a handclaw, a belt buckle knife, a push  dagger, a hollow kubotan, a footclaw,  a shuriken aka a shaken or death star, a balisong aka a butterfly knife, a telescopic truncheon, a blowpipe  aka a blow gun, a kusari gama, a kyoketsu shoge,, a manrikigusari aka a kusari, a disguised knife, a stealth knife, a straight, side-handled or friction- lock truncheon aka a baton, a sword with a curved blade of 50 centimetres or over in length a zombie knife aka a zombie killer knife or zombie slayer knife, a cyclone knife aka a spiral knife

5.      POSSESSION/PRIVATE PLACE/THREAT

SECTION 52 OFFENSIVE WEAPONS ACT 2019

 

FO

DEFENCE

 

*NOT YET IN FORCE*

E/W Max Penalty 4 years imprisonment

Prove

  • date and location
  • in a private place
  • unlawfully and intentionally threatens another
  • does so in such a way that there is an immediate risk of serious physical harm to B
  • article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches OR
  • article made or adapted for use for causing injury OR intended for such use by him or by some other person OR
  • a corrosive substance

 

Element/s not proven

 

 

Applies to an article or substance if it is an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953, being any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.

Applies to an article to which section 139 of the Criminal Justice Act 1988 applies being any article which has a blade or is sharply pointed except a folding pocketknife and to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.

Applies to a corrosive substance.

Note that other charges may be more appropriate such as common assault, using threatening, abusive or insulting words or behaviour intending to cause a person to believe that immediate unlawful violence will be used against him or another, or with intent to cause a person harassment, alarm or distress, under section 4 and 4A of the Public Order Act 1986. Depending on the conduct, it may also be possible to bring a charge of attempted wounding or attempted Grievous Bodily Harm contrary to section 18 of the Offences Against the Person Act 1861. In addition, it may be possible to bring a charge of threat to kill under section 16 of the 1861 Act, which carries a maximum sentence of 10 years if tried on indictment.

6.      POSSESSION/SCHOOL

SECTION 139A CRIMINAL JUSTICE ACT 1988

DEFENCE

 

E/W Max penalty 4 years imprisonment

Points to Prove

  • date and location
  • had without good reason or lawful authority
  • on school premises
  • article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches OR
  • article made or adapted for use for causing injury or intended for such use by him or by some other person

Element/s not proven

that he had good reason or lawful authority for having the article with him in a public place or  that he had the article with him for use at work; for religious reasons; or as part of any national costume.

Applies to any article which has a blade or is sharply pointed except a folding pocketknife or a folding pocketknife if the cutting edge of its blade exceeds 3 inches with him in a public place shall be guilty of an offence.

Applies to any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.

7.      POSSESSION/PRISONS

SECTION 40CA PRISONS ACT 1952

DEFENCE

 

E/W Max penalty 4 years imprisonment

Prove

  • Date and location
  • had without authority
  • article with a blade or is sharply pointed OR
  • article made or adapted for use for causing injury to persons; or intended by the person having it with him for such use by him or by some other person

Element/s not proven

That  he reasonably believed that he had authorisation to be in possession of the article in question

That in all the circumstances there was an overriding public interest which justified his being in possession of the article.

any article that has a blade or is sharply pointed or any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984 – being any article made or adapted for use for causing injury to persons; or intended by the person having it with him for such use by him or by some other person

8.      POSSESSION/CROSSSBOW

SECTION 3 CROSSBOWS ACT 1987

DEFENCE

 

Max penalty fine - level 3

Prove

  • Date and location
  • under the age of eighteen
  • had with him a crossbow capable of discharging a missile, OR
  • had with him parts of a crossbow which together and without any other parts can be assembled to form a crossbow capable of discharging a missile
  • was not under the supervision of a person who is twenty-one years of age or older.

Element/s not proven

that the person is authorised to do so by the chief constable for the purpose of determining whether an offence is being committed under section 1. A chief constable may authorise a person under the age of 18 to buy or hire, or attempt to buy or hire, a crossbow or a part of a crossbow only if satisfied that all reasonable steps have been or will be taken to ensure the person's safety, and avoid any risk to the person's welfare  does not apply to crossbows with a draw weight of less than

1.4 kilograms.

Does not apply to crossbows with a draw weight of less than 1.4 kilograms.

9.      SALE, MANUFACTURE OR HIRE

SECTION 141 CRIMINAL JUSTICE ACT 1988

DEFENCE

 

E/W Max penalty 4 years imprisonment

Prove

  • Date and location
  • Manufactured, sold or hired OR
  • offered for sale or hire, exposed or had in his possession for the purpose of sale or hire, OR
  • lent or gave to any other person
  • a weapon in the third column

Element/s not proven

that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.

that the conduct in  question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies 

that the weapon was made before 1954 or was made at any other time according to traditional methods of making swords by hand

that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which 3rd party insurance is held

that his conduct was for the purpose only of making the weapon available for the purposes of use in religious ceremonies/for religious reasons/ re Sikh religious ceremony or other ceremonial event relating to a curved sword

[See Criminal Justice Act 1988 (Offensive Weapons) Order 1988) for description of the weapons it applies to as set out below]: A knuckleduster, a swordstick, a handclaw, a belt buckle knife, a push  dagger, a hollow kubotan, a footclaw, a shuriken aka a shaken or death star, a balisong aka a butterfly knife, a telescopic truncheon, a blowpipe  aka a blow gun, a kusari gama, a kyoketsu shoge,, a manrikigusari aka a kusari, a disguised knife, a stealth knife, a straight, side-handled or friction- lock truncheon aka a baton, a sword with a curved blade of 50 centimetres or over in length a zombie knife aka a zombie killer knife or zombie slayer knife, a cyclone knife aka a spiral knife

10.    SALE/CORROSIVE PRODUCT

SECTION 1 OFFENSIVE WEAPONS ACT 2019

DEFENCE

 

*NOT YET IN FORCE*

Max penalty 6 months and/or fine

Prove

  • Date and location
  • Sold
  • a corrosive product
  • to a person who is under the age of 18

Element/s not proven

that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence 

If a person (“the seller”) is charged with an offence under section 1, and the seller was not in the presence of the  person (“the buyer”) to whom the product to which the charge relates was sold at the time of the sale 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, at the time the offence is alleged to have been committed the seller operated a system for checking that persons who bought corrosive products by the same or a similar method of purchase to that used by the buyer were not under the age of 18, and that system was likely to prevent persons under the age of 18 from buying corrosive products by that method AND that when the package containing the corrosive product was dispatched by the seller, it was clearly marked to indicate that it contained a corrosive product, and that, when finally delivered, it should only be delivered into the hands of a person aged 18 or over AND 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 AND that the seller did not deliver the package, or arrange for its delivery, to a locker.

Note that “corrosive product” means a substance listed in the first column of Schedule 1, or a product which contains a substance listed in the first column of that Schedule in a concentration higher than the limit set out for that substance in the second column of that Schedule.

Table in Schedule 1 is set out below.

Schedule 1

Name of substance and Chemical Abstracts Registry Number (CAS RN) Concentration limit (weight in weight)

Ammonium hydroxide (CAS RN 1336-21-6) 10% w/w Formic acid (CAS RN 64-18-6) 10% w/w Hydrochloric acid (CAS RN 7647-01-0) 10% w/w Hydrofluoric acid (CAS RN 7664-39-3) 0% w/w

Nitric acid (CAS RN 7697-37-2) 3% w/w Phosphoric acid (CAS RN 7664-38-2) 70% w/w Sodium hydroxide (CAS RN 1310-73-2) 12% w/w

Sodium hypochlorite (CAS RN 7681-52-9) 10% w/w Sulfuric acid (CAS RN 7664-93-9) 15% w/w

11.    SALE/CORROSIVE PRODUCT/SELLER NOT PRESENT AT TIME OF SALE

SECTION 3 OFFENSIVE WEAPONS ACT 2019

DEFENCE

 

*NOT YET IN FORCE*

Max penalty 6 months and/or fine.3(2)

Prove

  • Date and location
  • seller and the buyer are not in each other's presence at the time of the sale
  • for the purposes of supplying the corrosive product to the buyer, the seller delivers the product, or arranges for its delivery, to residential premises OR
  • the seller delivers the product, or arranges for its delivery, to a locker

Element/s not proven

that they took all reasonable precautions and exercised all due diligence to

avoid the commission of the offence

Note that “residential premises” means premises used solely for residential purposes.

Note that “locker” means a lockable container to which the corrosive 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.

12.    Sale/delivery of corrosive product

SECTION 4 OFFENSIVE WEAPONS ACT 2019

DEFENCE

 

*NOT YET IN FORCE*

Max penalty - a fine

Prove

  • Date and location
  • the seller sold a corrosive product to the buyer
  • the seller and the buyer were not in each other's presence at the time of the sale
  • the seller was outside the United Kingdom at that time
  • before the sale, the seller entered into an arrangement with a person who is a body corporate
  • Body corporate agreed to deliver corrosive products for the seller
  • Body corporate was aware when they entered into the arrangement that it covered the delivery of corrosive products
  • Body corporate delivered the corrosive product pursuant to that arrangement,
  • Body corporate did not deliver it into the hands of a person aged 18 or over.

Element/s not proven

that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence

 

13.    SALE OF FLICK KNIFE ETC. TO PERSON UNDER 18 YEARS

SECTION 141A CRIMINAL JUSTICE ACT 1988

DEFENCE

 

Max Penalty – 6 months and/or fine

Prove

  • Date and location
  • sold or let on hire
  • a knife, knife blade or razor blade, axe, sword; OR
  • and any other bladed or sharply pointed article made or adapted for use for causing injury to the person
  • to a person under eighteen years

 

Note - It is not an offence to sell or let on hire a knife or knife blade to a person if the person is aged 16 or over; and the knife or blade is designed for domestic use.

Element/s not proven

that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.  

that he believed the purchaser or hirer to be of or above the relevant age, and either he had taken reasonable steps to establish the purchaser or hirer's age, being that he was shown a passport, a UK driving licence, a European Union photocard driving licence, or such other document, or a document of such other description, as the Scottish Ministers may by order prescribe AND the document would have convinced a reasonable person, OR no reasonable person could have suspected from the purchaser or hirer's appearance that the purchaser or hirer was aged under the relevant age. “The relevant age” is, in the case where the article is a knife or knife blade designed for domestic use, 16 years, and in any other case, 18 years.

Applies to any knife, knife blade or razor blade, any axe, any sword; and any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person BUT it does not apply to any article described in section 1 of the Restriction of Offensive Weapons Act 1959 being any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the knife, sometimes known as a “flick  knife” or “flick gun”; OR any knife which has a blade which opens automatically from the closed position to the fully opened position, OR from 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 any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife or an order made under section 141(2) of this Act, or an order made by the Secretary of State under this section. It is not an offence to sell or let on hire a knife or knife blade to a person if the person is aged 16 or over; and the knife or blade is designed for domestic use.

14.    SALE, MANUFACTURE OR HIRE OF FLICK KNIFE OR GRAVITY KNIFE

SECTION 1(1) RESTRICTION OF OFFENSIVE WEAPONS ACT 1959

DEFENCE

 

Max Penalty – 6 months and/or fine

Prove

  • Date and location
  • Sold, manufactured, or hired or offered for sale or hire OR
  • exposed or had in his possession for the purpose of sale or hire, or lent or gave to any other person
  • a flick knife or
  • a gravity knife

Element/s not proven

that the conduct was only for the purposes of making the knife available to a museum or gallery

Applies to any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the knife, sometimes known as a “flick knife” or “flick gun”; or any knife which has a blade which opens automatically from the closed position to the fully opened position, or from 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 any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”

15.  LOOK AFTER, HIDE OR TRANSPORT A DANGEROUS WEAPON

SECTION 28 VIOLENT CRIME REDUCTION ACT 2006

DEFENCE

 

E/w max penalty 4 years imprisonment

Prove

  • date and location
  • that he used another to look after, hide or transport a dangerous weapon (as shown in the third column) for him
  • that he did so under arrangements or in circumstances that facilitated, or were intended to facilitate, the weapon's being available to him for an unlawful purpose

 

Element/s not proven

Applies to a firearm other than an air weapon or a component part of, or accessory to, an air weapon; or a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (c 33) applies [See Criminal Justice Act  1988 (Offensive Weapons) Order 1988)] for description of the weapons it applies to as set out below: A knuckleduster, a swordstick, a handclaw, a belt buckle knife, a push dagger, a hollow kubotan, a footclaw, a shuriken aka a shaken or death star, a balisong aka a butterfly knife, a telescopic truncheon, a blowpipe aka a blow gun, a kusari gama, a kyoketsu shoge, a manrikigusari aka a kusari, a disguised knife, a stealth knife, a straight, side- handled or friction-lock truncheon aka a baton, a sword with a curved  blade of 50 centimetres or over in length  a zombie knife aka a zombie  killer knife  or zombie slayer knife, a cyclone knife aka a spiral knife(specified offensive weapons, knives and bladed weapons).

16.  MARKETING A KNIFE

SECTION 1 KNIVES ACT 1997

DEFENCE

 

E/W Max penalty two years imprisonment

Prove

  • Date and location
  • Marketed a knife
  • in a way which indicates, or suggests, that it is suitable for combat
  • OR is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.

A person markets a knife if he sells or hires it; offers, or exposes, it for sale or hire; or has it in his possession for the purpose of sale or hire.

Element/s not proven

that the knife was marketed for use by the armed forces of any country; as an antique or curio; or as falling within such other category (if any) as may be prescribed;  that it was reasonable for the knife to be marketed in that way; and there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the way in which it was marketed would use it for an unlawful purpose

that he did not know or suspect, and had no reasonable grounds for suspecting, that the way in which the knife was marketed amounted to an indication or suggestion that the knife was suitable for combat; or was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon 

that he took all reasonable precautions and exercised all due diligence to avoid committing the offence

 

Note that “knife” means an instrument which has a blade or is sharply pointed; “marketing” and related expressions are to be read with section 1(4); “publication” includes a publication in electronic form and, in the case of a publication which is, or may be, produced from electronic data, any medium on which the data are stored; “suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury; “violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury.

SECTION 2 KNIVES ACT 1997

DEFENCE

 

E/W Max penalty two years imprisonment

Prove

  • Date and location
  • he published written, pictorial or other material in connection with the marketing of any knife and
  • that material indicates, or suggests, that the knife is suitable for combat;
  • or is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon

 

Element/s not proven

that the knife was marketed for use by the armed forces of any country; as an antique or curio; or as falling within such other category (if any) as may be prescribed;  that it was reasonable for the knife to be marketed in that way; and there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the way in which it was marketed would use it for an unlawful purpose

that he did not know or suspect, and had no reasonable grounds for suspecting, that the material amounted to an indication or suggestion that the knife was suitable for combat; or was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon (iv) that he took all reasonable precautions and exercised all due diligence to avoid committing the offence

Note that “knife” means an instrument which has a blade or is sharply pointed; “marketing” and related expressions are to be read with section 1(4); “publication” includes a publication in electronic form and, in the case of a publication which is, or may be, produced from electronic data, any medium on which the data are stored; “suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury; “violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury. An indication or suggestion that a knife is suitable for combat may, in particular, be given or made by a name or description applied to the knife; on the knife or on any packaging in which it is contained; or included in any advertisement which, expressly or by implication, relates to the knife.

17.  UNDER 18 YEARS PURCHASE OF A CROSSBOW

SECTION 2 CROSSBOWS ACT 1987

DEFENCE

 

Max penalty – level 3 fine

Prove

  • Date and location
  • under the age of eighteen
  • bought or hired
  • a crossbow or
  • A part of a crossbow

Element/s not proven

that the person is authorised to do so by the chief constable for the purpose of determining whether an offence is being committed under section 1. A chief constable may authorise a person under the age of 18 to buy or hire, or attempt to buy or hire, a crossbow or a part of a crossbow only if satisfied that all reasonable steps have been or will be taken to ensure the person's safety, and avoid any risk to the person's welfare. 

Does not apply to crossbows with a draw weight of less than 1.4 kilograms.

Does not apply to crossbows with a draw weight of less than 1.4 kilograms.

 

18.  KNIFE CRIME PREVENTION ORDER (KCPO) MADE OTHERWISE THAN ON CONVICTIONsections 14-33 – Knife Crime Prevention Orders *PILOT IN LONDON ONLY*

 

 

SECTION 14 OFFENSIVE WEAPONS ACT 2019

DEFENCE

 

 

A court may make a KCPO in respect of a person aged 12 or over (the “defendant”) if a person has, by complaint to the court, applied for a KCPO in accordance with section 15 AND the court is satisfied on the balance of probabilities that, on at least two occasions in the relevant period, the defendant had a bladed article with them without good reason or lawful authority in a public place in England and Wales, on school premises, or on further education premises AND the court thinks that it is necessary to make the order to protect the public in England and Wales from the risk of harm involving a bladed article, to protect any particular members of the public in England and Wales (including the defendant) from such risk, or to prevent the defendant from committing an offence involving a bladed article. Note that “the relevant period” means the period of two years ending with the day on which the order is made; but an event may be taken into account for the purposes of that subsection only if it occurred after the coming into force of this section.

Note that a KCPO is an order which, requires the defendant to do anything described in the order or prohibits the defendant from doing anything described in the order. Note that s.127 MCA 1980 (time limits) does not apply to a complaint under this section.

 a person has good reason for having a bladed article with them in a place mentioned in that subsection if the person has the article with them in that place for use at work, for educational purposes, for religious reasons, or as part of any national costume.

Note that a KCPO must specify the period for which it has effect, which must be a fixed period of at least 6 months, and not more than 2 years, beginning with the day on which it takes effect. An interim takes effect when it is served on the defendant and has effect until determination of the full application. If a KCPO or interim is made in respect of a defendant RIC or committed to custody, on whom a custodial sentence has been imposed or who is serving or otherwise subject to such a sentence, or a defendant who is on licence for part of the term of a custodial sentence, the order may provide that it does not take effect until release. An earlier KCPO or interim ceases to have effect if a new one is made.

Note that an application for a KCPO under s.14 may be made only by a relevant chief officer of police, the chief constable of the British Transport Police Force, or the chief constable of the Ministry of Defence Police. Note that an application for a KCPO under s.14 may be made without the applicant giving notice to the defendant. If an application is made without notice the court must adjourn and make an interim KCPO under s.17, adjourn without making an interim KCPO, or dismiss the application. Note that an interim KCPO may be made if the court thinks that it is necessary and may impose prohibitions but may not impose requirements. Note that requirements may require the defendant to be at a particular place between particular times on particular days or on any day; present themselves to a particular person at a place where they are required to be between particular times on particular days; participate in particular activities between particular times on particular days. KCPO or interim must specify a person who is to be responsible for supervising compliance with the requirement. Note that prohibitions include being in a particular place; being with particular persons; participating in particular activities; using particular articles or having particular articles with them; using the internet to facilitate or encourage crime involving bladed articles. Note that requirements or prohibitions must, so far as practicable, be such as to avoid conflict with the defendant's religious beliefs, and any interference with the times, if any, at which the defendant normally works or attends any educational establishment.

 

19.  KNIFE CRIME PREVENTION ORDER MADE ON CONVICTION sections 14-33 – Knife Crime Prevention Orders -*PILOT IN LONDON ONLY*

 

SECTION 19 OFFENSIVE WEAPONS ACT 2019

DEFENCE

 

 

Where a person aged 12 or over (the “defendant”) is convicted of an offence which was committed after the coming into force of this section, and a court dealing with the defendant in respect of the offence is satisfied on the balance of probabilities that the offence is a relevant offence the court may make a knife crime prevention order IF the prosecution applies for a KCPO AND the court thinks that it is necessary to make the order to protect the public or any particular members of the public (including the defendant) in England and Wales from the risk of harm involving a bladed article, or to prevent the defendant from committing an offence involving a bladed article. Note - An offence is a relevant offence if it involved violence or a threat of violence, a bladed article was used, by the defendant or any other person, in the commission of the offence, or the defendant or another person who committed the offence had a bladed article with them when the offence was committed.

Note - If the defendant is under the age of 18, and will be under that age when the application is made then before making the application, the prosecution must consult the youth offending team in whose area it appears to the prosecution that the defendant lives.

 

Note - A knife crime prevention order under this section is an order which prohibits or requires the defendant to do anything described in the order;

See section 21 (which makes further provision about the requirements and prohibitions that may be imposed by a knife crime prevention order under this section): section 22 (which makes further provision about the inclusion of requirements in a KCPO under this section), and section 23 (which makes provision about the duration of a KCPO under this section). Note - The court may make a KCPO under this section in respect of the defendant only if it is made in addition to a sentence imposed in respect of the offence, or an order discharging the offender conditionally. Note - For the purposes of deciding whether to make a KCPO the court may consider evidence led by the prosecution and evidence led by the defendant. It does not matter whether the evidence would have been admissible in the proceedings in which the defendant was convicted.

    

 

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