Possession of certain dangerous knives - Section 1A Restriction of Offensive Weapons Act 1959- as inserted by section 44 of OWA. Section 2 creates an offence of publication of unlawful marketing material, a person is guilty of an offence if they publish any written, pictorial or other material in connection with the marketing of a knife and that material- Police and prosecutors should ensure that the court has sufficient information about the impact of knife crime offending at the sentencing hearing. Guidance on Victim Personal Statements can be found here. Guidance on Community Impact Statements can be found here.

School premises is defined as land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996. Whether a retailer has signed up to either a local or national responsible retailer agreement, and any subsequent action taken as a result e.g. ongoing training, may be useful evidence in proving the presence or absence of due diligence. Underage test purchasing of knives Other charges may be more appropriate if the threat falls short of ‘serious physical harm’, for example common assault. Possible defences Where the allegation is giving a curved sword to another person, to show that the person’s conduct consisted of the presentation of the sword by a Sikh to another person at a religious ceremony or other ceremonial event. Section 47 of the 2019 legislation also introduced defences for a person charged with an offence under section 141(1) or (1A) of the Criminal Justice Act 1988 in respect of any conduct of the person relating to a curved sword, namely:

Further Reading

For a person charged with an offence under section 141(1A) of the Criminal Justice Act 1988 of possession of a curved sword in private to show that a)the person was a Sikh at the time the offence is alleged to have been committed and possessed the sword for the purpose only of presenting it to another person at a religious ceremony or other ceremonial event, or (b)the sword was presented to the person by a Sikh at a religious ceremony or other ceremonial event. See section 142 Criminal Justice Act 1988. Responsible Retailer Agreements / HO voluntary agreement

This Practical Guidance document sets out the approach of the Police and the Crown Prosecution Service (CPS) to knife crime offending. The document will be updated periodically to reflect changes in legislation as well as changes in any guidance or policy introduced by the Police or CPS. Where details of a defence are given in interview, a defence statement or in any other way, the investigating officer and the prosecutor should consider what reasonable lines of inquiry arise from this to establish whether or not the defence is likely to be established. Adverse inferences When planning a joint operation, consideration must be given to the provisions of the Regulation of Investigatory Powers Act 2000 particularly with respect to covert surveillance. Trading Standards also need to ensure compliance with the Better Regulation Delivery Office (‘ BRDO') Code of Practice for Age Restricted Products and Services. Any joint operation should identify from the outset which agency will undertake any action arising from a sale of a knife to a young person. Manufacture, sale or hire, or offer for sale or hire, expose or have in their possession for the purpose of sale or hire, or lending or giving an offensive weapon to any other person – Section 141. Threatening with a bladed articles in a public place or on school or further education premises - Section 139AAPublic Interest stage: Is a prosecution required in the public interest? A prosecution will usually follow unless there are public interest factors tending against a prosecution which outweigh those in favour. There is a compelling public interest in the prosecution of adults for offences involving weapons. Cautions Unauthorised possession of knives and other offensive weapons in prisons – section 40CA Prison Act 1952 as added by section 78 Serious Crime Act 2015. Witnesses (including police officers) to offences under the 1953 legislation and s139, s139A and s139AA of the 1988 legislation are eligible for special measures by virtue of section 17(5) and Schedule 1A YJCEA. There is no need to prove the witness is vulnerable or intimidated nor is there a need to demonstrate that the measure is required so that the witness gives their best evidence. Prosecutors should be prepared to make submissions on whether there are particular or exceptional circumstances which would make the imposition of the minimum sentence unjust. Any court decision on whether the minimum term should be imposed must be clearly endorsed on the CPS record.