Calling Hardware and cookshop retailers, from 6^th April statutory guidance will clearly state cutlery knives are considered bladed articles. This gives clarity for retailers to ensure they are also treated as age-restricted items and fall within the meanings as set out under section 141A of the Criminal Justice Act 1988.

As stated in section 141A of the Criminal Justice Act 1988 sale of the following bladed articles to under 18s is prohibited;

• any knife, knife blade or razor blade (other than a razor blade permanently enclosed in a cartridge or housing where less than 2mm is exposed);
• any axe; 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.

Previously the industry thought cutlery knifes were not included but they will now clearly say they fall within the guidelines. This will now mean shops selling cutlery knives loosely will need to ask for age verification

The 1988 Act does not provide legal definitions of these items so the words carry their normal meanings, therefore any item that could commonly be described as a knife would be considered as such for the purposes of the legislation.

As of 6^th April, new measures came into force, they were:

Part 1:  Corrosive products and substances

• Section 1: Sale of corrosive products to persons under 18s
• Section 2: Defence to remote sale of corrosive products to persons under 18
• Section 3: Delivery of corrosive products to residential premises etc
• Section 4: Delivery of corrosive products to persons under 18
• Section 6: Offensive of having a corrosive substance in a public place
• Section 8: Appropriate custodial sentence for conviction under section 6 – this has now been superseded by the Sentencing Act 2020
• Section 9: Offence under section 6: relevant convictions – this has now been repealed by the Sentencing Act 2020
• Section 10: Search for corrosive substances

Part 3: Sale and delivery of knives etc

• Section 34: Sale etc of bladed articles to persons under 18
• Section 35: Defence of sale of bladed articles to persons under 18
• Section 38: Delivery of bladed products to residential premises etc
• Section 39: Delivery of bladed products to persons under 18
• Section 40: Defences to offence under section 38 and 39
• Section 41: Meaning of “bladed product” in sections 38 to 40
• Section 42: Delivery of bladed articles to persons under 18

Part 4: Possession etc of certain offensive weapons

• Section 45: Prohibition on the possession of offensive weapons in further education premises

Part 5: Threatening with offensive weapons

• Section 50: Offence of threatening with offensive weapon etc in a public place etc
• Section 51: Offence of threatening with offensive weapon etc on further education premises
• Section 52: Offence of threatening with an offensive weapon etc in a private place
• Section 54: Search for corrosive substance on school or further education premises

Part 6: Firearms

(Brings the Sentencing Act 2020 measure relating to mandatory minimum sentences into effect)

• Section 54(6): mandatory minimum sentencing for offences relating to rapid firing rifles and bump stocks

Part 7: Enforcement

• Section 64: Enforcement of offences relating to sale etc of offensive weapons
• Section 65: Application of Regulatory Enforcement and Sanctions Act 2008

Part 8: Supplementary

• Section 66: Guidance on offences relating to offensive weapons etc
• Section 67: Consequential amendments relating to armed forces

Schedules

• Schedule 1: Corrosive products

The regulations can be viewed at: The Offensive Weapons Act 2019 (Commencement No. 2 and Saving Provision) Regulations 2022 (legislation.gov.uk) and The Sentencing Act 2020 (Commencement No. 1) (England and Wales) Regulations 2022 (legislation.gov.uk)

The final draft of the statutory guidance was published in January 2022 and can be found on gov.uk. This became statutory guidance on 6 April following commencement of the relevant provision relating to guidance.

Note: Police and Trading standards are likely to step up their shop visits to ensure retailers are complying with the regulations.

View the statutory guidance 

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