Knives and Offensive Weapons

The Facts

Restrictions on the Sale of Knives and Other Bladed Items

We hear a lot in the media about the possession of knives by young people and the sale of knives and lethal weapons to them. While knife crime is not currently a significant problem in Hampshire, a series of measures have been introduced to improve this situation and local authorities have been asked to help the Police with these.

In October 2007 the law was tightened up and in Hampshire The Police and Trading Standards Services are working together to provide local traders with information to help them comply with these controls.

Underage sales

The Criminal Justice Act 1988 (as amended by the Offensive Weapons Act 1996 and the Violent Crime Reduction Act 2006) makes it illegal to sell the following items to young persons under 18 years old.

Any knife, knife blade or razor blade
Any axe
Any article which has a blade or which is sharply pointed, and which is made or adapted for causing injury to the person.

The prohibition does not apply to:

A folding pocket knife with a blade of less than 3 inches (7.62cm); or
A razor blade permanently held in a cartridge or similar housing where less than 2mm of the blade is exposed.

The prohibition doesn’t apply to articles such as scissors or compasses.

Combat Knives

Further restrictions are included in the Knives Act 1997. This legislation prohibits the marketing of a knife or the publication of marketing relating to a knife, in a way which:

Indicates or suggests that it is suitable for combat or
Is likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.

The term ‘suitable for combat’ means that the knife is suitable for use as a weapon for inflicting injury or causing fear of injury to the person.

There are exemptions to allow sales of such items for legitimate purposes, such as use by armed forces or as collectors’ pieces.

Steps you can take to avoid breaking the law

Salespersons

Unless it is beyond doubt that a buyer is over 18, you must take steps to check the buyer’s age. Ask for photographic proof of age and only accept PASS-approved identification cards, or the new-style driving licence or a passport. If the buyer cannot prove they are over 18, you should refuse to sell to them. Make a record of the refusal.

Don’t avoid asking for proof of age just because you think you might cause offence. Remember, if you sell to someone under 18 you will be breaking the law.

Employers

Think about the range of knives you sell and if this needs to change. Where are the knives displayed? Can staff see the aisles? Is it appropriate to security tag some of them, or keep them in a locked display unit? Are any Point of Sale deterrent notices displayed?

Staff training is vital. You should ensure all staff are trained at the start of their employment. Repeat this at regular intervals so staff do not forget or become complacent. To demonstrate you have trained your staff, keep records of any training or instructions given. Ask employees to date and sign training records to confirm they have understood it. Use your staff notice board to provide reminders.

Reminders of the law at the point of sale are a good idea – this can be by means of a ‘till prompt’ if you have an EPOS system or by notices on the tills. Move reminders around or replace them frequently to make sure your staff notice them.

To show your staff are following the training they have been given, set up or include ‘Knives’ in your current ‘Refusals Register’ or similar system, so staff can record when they refuse a sale. You, or a person you have authorised, should check this record frequently and sign it to show it is being monitored. If the refusal record doesn’t reflect the normal operating pattern for your premises, find out why. If the refusals record shows some staff refuse more sales than others or make fewer refusals than you would expect, check why this occurs and take appropriate action. Make comments in the register to explain what you did, and when.

You have a responsibility to make sure staff are complying with the law, as you can be liable for any sale that takes place – whether you were present or not. Regular supervision of employees to ensure they are following instructions is important. Consider how your staff can keep in touch or be seen if you are away from the sales area by using intercoms, signals or CCTV systems.

Because it can be difficult to tell a customer’s age, particularly those in their late teens, it is wise to challenge anyone who appears to be under 21 to prove their age. This is the basis of ‘Challenge 21’ and similar schemes used for alcohol and cigarettes. Consider adopting a similar policy in your store.

Enforcement of the law

We provide information and advice to businesses and consumers.
We investigate complaints made by consumers or by traders about shops believed to be supplying knives to young persons.
In appropriate cases we will use young volunteers to attempt to buy knives. They behave as ordinary customers, under the supervision of a trading standards officer. National best practice guidelines are followed to ensure that test-purchasing is fair. If a sale takes place, legal proceedings may follow.

Penalties

These laws are enforced jointly by the Police and Trading Standards, and anyone found selling items referred to above to persons under 18 years old risks a maximum fine of £5,000 and/or a term of imprisonment up to six months

Where can I get further help?

This information is not an authoritative statement on the law and is only intended for guidance. For further details or clarification contact Hampshire County Council Trading Standards at:

Montgomery House

Monarch Way

Winchester

SO22 5PW

Telephone:

01962 833620

Consumer Direct:

08454 04 05 06

Underage Sales