Knives and machetes

Legislation relating to the sale of bladed items including knives

¶84. Section 141A of the Criminal Justice Act 1988 (CJA) prohibits the sale or hire to a person under the age of 18 of:

¶a. A knife, a knife blade or razor blade;

¶b. An axe; or

¶c. Any other bladed or pointed article which is made or adapted for use for causing injury to the person.

¶For a person charged with an offence under this section, there is a defence of proving that he or she took all reasonable precautions and exercised all due diligence to avoid committing this offence.

¶85. The offence under section 141A of the CJA 1988 applies to all sales of bladed or pointed articles to those under 18. However, from 6 April 2022, part 3 of the Offensive Weapons Act 2019 (OWA 2019) amended the CJA 1988. Since then, there have been minimum steps that a seller is obliged to take when a knife is sold remotely (where the seller is not physically present with the buyer). By section 141B of the CJA 1988, a remote seller is not to be regarded as having established the “all reasonable precautions” defence unless, at a minimum, they can prove that:

¶a. They operated a system for checking that the person who bought the article was not under 18;

¶b. The system was likely to prevent a person under the age of 18 from buying the article;

¶c. The packaging clearly indicated that it contained an article with a blade or which was sharply pointed and that when delivered it should only be handed to a person aged 18 or over;

¶d. The seller took all reasonable precautions and exercised due diligence to ensure that the package was delivered into the hands of a person aged 18 or over; and

¶e. The seller did not deliver the item to a locker.

¶86. As well as tightening the “all reasonable precautions” defence for remote bladed articles sales, Part 3 of the OWA 2019 introduced specific measures for knife offences. In particular strengthening age verification requirements and stopping certain knives (“bladed products”) being delivered to residential addresses after they are bought online, unless the seller has arrangements in place with the delivery company to ensure that the product would not be delivered into the hands of a person under 18.³⁸⁷³⁸⁷ Defined in section 41(1) as an article which – (a)is or has a blade, and (b) is capable of causing a serious injury to a person which involves cutting that person’s skin. UK Parliament (2019), ‘Offensive Weapons Act 2019’. Available at: www.legislation.gov.uk/ukpga/2019/17/contents Under these provisions:

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1. Section 38(2) makes it an offence for a seller to make a remote sale of a bladed product which the seller either delivers or arranges to be delivered to residential premises;
2. Section 39 makes it an offence for a delivery company to deliver a bladed product that had been sold remotely to residential premises if they do not deliver it into the hands of a person aged 18 or over;
3. Section 40 provides defences to these two offences. The most relevant are these:

¶a. For a seller who delivers the bladed product themselves to the residential premises, under section 40(2) it is a defence to prove that:

¶i. At the time the offence is alleged to have been committed, the seller had procedures in place which were likely to ensure that any bladed product delivered by the seller to residential premises would be delivered into the hands of a person aged 18 or over; and

¶ii. The seller took all reasonable precautions and exercised all due diligence to ensure that the product to which the charge relates would be delivered into the hands of a person aged 18 or over;

¶b. For a seller who arranges the delivery of the bladed through a third party to residential premises, under section 40(3), it is a defence to prove that:

¶i. The arrangement required the person with whom it was made to have procedures in place which were likely to ensure that any bladed products delivered to residential premises pursuant to the arrangement would be delivered into the hands of a person aged 18 or over; and

¶ii. The seller took all reasonable precautions and exercised all due diligence to ensure that the product to which the charge relates would be delivered into the hands of a person aged 18 or over;

¶c. For a delivery company who has entered into an arrangement to deliver the bladed product to residential premises, under section 40(7) it is a defence in England, Wales and Northern Ireland for the company to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence;³⁸⁸³⁸⁸ Slightly different provisions apply for Scotland: section 40(8) Offensive Weapons Act 2019. Available at: www.legislation.gov.uk/ukpga/2019/17/section/40

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¶d. There is an additional provision in section 42 of the OWA 2019 providing a defence for delivery companies when the seller is outside the United Kingdom, of having taken all reasonable precautions and having exercised all due diligence.

¶87. Under section 1 of the Knives Act 1997, it is an offence to market 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. Under section 2 of the Act, it is also an offence to publish “any written, pictorial or other material in connection with the marketing of any knife” which has the same effect. Section 10 of the 1997 Act defines “suitable for combat” as meaning “suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury”. There are statutory defences to this offence, including that it was reasonable for the knife to be marketed in that way.

¶88. I note that in R v STC Limited and others [2021] EWCA Crim 1237, Lord Justice Edis observed that, following the receipt of Royal Assent in 1997, the Act has “…lain largely unnoticed since. No member of this court has had any professional dealings with it until today, either as advocate or judge, in the 24 years since it came into force in September 1997. We have not found any decision of this court dealing with it” (judgment, paragraph 10).³⁸⁹³⁸⁹ R v STC Ltd and others judgment. Available at: www.judiciary.uk/wp-content/uploads/2022/07/ R-v-STC-Ltd-and-Ors-2021-EWCA-Crim-1237.pdf In that case, the Court of Appeal dismissed the appeal by the defendant knife vendors which had challenged the decision of the judge following a preparatory hearing. The judge had rejected the defendants’ contention that the 1997 Act was not engaged by the advertising for an ‘Expendables Double Shadow Style Knife’, a ‘Anglo Arms Kukri machete’ and a ‘Rambo 3 replica knife’.

¶89. In the same case, Lord Justice Edis made clear the potentially wide ambit of the 1997 Act offences:

¶“23. The 1997 Act prohibits marketing (s.1) or publishing material connected with marketing (s.2) which 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. In this case it is enough for the prosecution to show that the marketing suggested that the knife was “suitable for combat”, which merely means “suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury.” That wide definition means that a great many knives satisfy it. These offences, however, are not principally about the nature or purpose of the knife, but about the way in which it is marketed. The marketing must not contain any “suggestion” that the knife is “suitable” for hurting someone to any extent. These are low thresholds, as Mr. Heller on behalf of Lambeth submits. The knife does not have to be “made or adapted for use in causing injury to any person” (to cite the wording of the Prevention of Crime Act 1953). If it is, however, and the way that it is marketed suggests that this is so, then the offence is committed. It may be very difficult to market some types of knife at all without making this suggestion. This does not mean that such marketing ceases to be criminal. It would be a rational aim of an Act of Parliament to restrict substantially the ability of sellers to market weapons of the kind with which this case is concerned and the choice of wide words and low thresholds appears to be intended to do just that.”

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¶90. All of the provisions set out above were in force at all material times in relation to the knives and machetes which AR purchased.

¶91. The government intends to introduce further restrictions on the online sale of knives and crossbows through the Crime and Policing Bill. The age verification aspects of the intended changes are explained in the government’s factsheet as follows:

¶“Strengthened age verification for knives and crossbows

At the point of purchase, online sellers of knives and crossbows will be required to check a photographic identity document, either a passport or a UK driving licence, and a current photograph of the buyer used to demonstrate that they are the holder of the photographic identity document.
At the point of delivery, the courier must check the photographic identification document provided by the person receiving the package to demonstrate that they are aged 18 or over and that they are the buyer.
The Bill also introduces a two-step age and identity verification measure for the online purchase, letting (hire) and delivery of a crossbow or part of a crossbow.
Operators of collection points will also be required to carry out the same enhanced age verification checks before handing over knives to the buyer, or in the case of crossbows or crossbow parts, to the buyer or hirer of the item.
These additional steps will also bring crossbow deliveries in line with deliveries of knives, by preventing a crossbow, or part of a crossbow from being delivered to a locker, left on a doorstep or delivered to a neighbour or another person in the household.”³⁹⁰³⁹⁰ HOM000123, Home Office (2025), ‘Crime and Policing Bill: knife crime and crossbows factsheet’. Available at: www.gov.uk/government/publications/crime-and-policing-bill-2025-factsheets/crime-and-policing-bill-knife-crime-factsheet

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Legislation relating to the possession of bladed items including knives

¶92. It is an offence under section 139 of the CJA 1988 to have a bladed or sharply pointed article in a public place without good reason or lawful authority, and there is a further offence for possession of such an item on educational premises (section 139A). It is also an offence to threaten someone in a public place or on school premises with a bladed or pointed article (section 139AA). These provisions were in force throughout the relevant period of AR’s conduct.

¶93. Under section 141 of the CJA 1988, as amended, and under the Criminal Justice Act 1988 (Offensive Weapons) Order 1988, it is an offence to possess in private a curved sword or a zombie knife.³⁹¹³⁹¹ Amendments to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 were made in relation to curved swords in 2008 and zombie knives in 2021. Legislation.gov.uk (1988), ‘The Criminal Justice Act 1988 (Offensive Weapons) Order 1988’. Available at: www.legislation.gov.uk/uksi/1988/2019 This includes a sword with a curved blade of 50 centimetres or over in length.

The legislation as a whole

¶94. At this stage, I reflect on the legislation set out above and note that there is a patchwork quilt of provisions across various different statutes and orders. This is exaggerated further when considering the provisions in relation to the sale of crossbows (see above). The evidence showed that not all retailers had the necessary understanding of the legislation and, to an extent, that is understandable.

Observation I:

1. There is a need for better clarity and accessibility regarding what the law requires in the sphere of controls on bladed items. I wish to consider as part of Phase 2, the best way to achieve this, and options may include consolidated guidance and consolidating legislation.

2. In the meantime, it is important that the Home Office and police forces maximise the visibility of existing guidance and that retailers and delivery companies familiarise themselves with it. Available guidance includes the following:

a. The Home Office’s Statutory Guidance: Offensive Weapons Act 2019;³⁹²³⁹² HOM000143; Statutory guidance: Offensive Weapons Act 2019 (2022), ‘Statutory guidance: Offensive Weapons Act 2019’. Available at: www.gov.uk/government/publications/the-offensive-weapons-act-2019

b. The Business Companion Guide: ‘Knives, other bladed items and corrosive substances’;³⁹³³⁹³ Business Companion (2026), ‘Knives, other bladed items and corrosive substances’. Available at: www.businesscompanion.info/en/quick-guides/underage-sales/knives-other-bladed-items-and-corrosive-substances

c. The National Business Crime Centre (NBCC) knife guidance³⁹⁴³⁹⁴ National Business Crime Centre (2025), ‘Knife guidance’. Available at: http//:nbcc.police.uk/business-support/knife-guidance which includes:

i. NBCC Knife Sellers Toolkit;³⁹⁵³⁹⁵ National Business Crime Centre (2025), ‘Knife sellers toolkit’. Available at: https://nbcc.police.uk/business-support/knife-guidance/knife-retailers-toolkit

ii. NBCC guidance on the Offensive Weapons Act;³⁹⁶³⁹⁶ National Business Crime Centre (2025), ‘Offensive Weapons Act guidance’. Available at: https://nbcc.police.uk/business-support/knife-guidance/offensive-weapons-act

iii. NBCC guidance: Offensive Weapons Act – Retailer Checks;³⁹⁷³⁹⁷ National Business Crime Centre (2025), ‘Offensive Weapons Act 2019: Retailers’. Available at: https://nbcc.police.uk/business-support/knife-guidance/offensive-weapons-act-2019-retailers and

iv. NBCC online training for storage, display, sale and delivery of knives.³⁹⁸³⁹⁸ National Business Crime Centre (2025), ‘Training for storage, display, sale and delivery of knives’. Available at: https://nbcc.police.uk/knifeguidance

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