Selling knives online or by phone (England and Wales)
The conditions for the section 141A defence when you are not in the buyer's presence, and the offence of delivering a bladed product to residential premises or a locker, in England and Wales.
Defence when you are not in the buyer's presence
If you sell without you or your representative being in the buyer's presence, section 141B of the Criminal Justice Act 1988 limits your defence to a charge of selling to a person under 18. You cannot prove you took all reasonable precautions and exercised all due diligence unless, as a minimum, you prove that:
- you operated a system for checking that people buying by the same or a similar method were not under 18, and the system was likely to prevent under-18s buying that way
- when you dispatched the package it was clearly marked to show that it contained an article with a blade or sharp point, and that it should only be delivered into the hands of a person aged 18 or over
- you took all reasonable precautions and exercised all due diligence to make sure it would be delivered into the hands of a person aged 18 or over
- you did not deliver the package, or arrange for its delivery, to a locker
Where the buyer collects the article from a place you sent it to, the delivery conditions apply to the handover to the buyer from that place.
Delivery to homes and lockers
Under section 38 of the Offensive Weapons Act 2019 it is an offence to deliver a bladed product, or arrange its delivery, to residential premises or to a locker when you and the buyer are not in each other's presence at the time of sale. A bladed product is an article that is or has a blade and could cause a serious injury that involves cutting the skin. Residential premises are premises used solely for residential purposes, so premises from which someone runs a business are not covered. Checking the buyer's age at the door does not make a delivery to residential premises lawful.
Defences include proving that the product was made or adapted for the buyer to their specification, that you reasonably believed the buyer wanted it for relevant sporting purposes or historical re-enactment, or that you had procedures in place and took all reasonable precautions and due diligence to make sure it reached someone aged 18 or over.
Couriers and sellers outside the UK
Where a seller in the UK has an arrangement with a courier company to deliver bladed products and the courier delivers one to residential premises, the courier commits an offence if it does not hand the product into the hands of a person aged 18 or over (section 39). A courier delivering a bladed article for a seller outside the UK commits the same offence (section 42). In England and Wales the defence for the courier is that it took all reasonable precautions and exercised all due diligence.
- In force from
- 6 April 2022
- Residential delivery
- Offence where seller and buyer are not in each other's presence
- Locker delivery
- Offence where seller and buyer are not in each other's presence
- Age-check system
- Required for the section 141A defence
- Package marking
- Blade or sharp point, deliver to a person aged 18 or over
- Delivery to a locker
- Not permitted if you rely on the defence
- Maximum prison term for the delivery offence
- 6 months (51 weeks once section 281(5) of the Criminal Justice Act 2003 is in force)