Offensive Weapons Act 2019
What this means for your business
- Applies to
- United Kingdom
- On this page
- 13 compliance obligations, 1 practical guide
What you must do
13 compliance obligations under this legislation — 8 can result in imprisonment.
Management duties 1
Supervise compliance with knifeācrime prevention order requirements
If your company is named in a knifeācrime prevention order as the person responsible for supervising the offender, you must make sure the required actions are put in place, encourage the offender to follow them and tell the police whether they have complied. You also need to stay in touch with the offender and be notified of any change to their home address.
Offences and prohibitions 12
Breach a knife crime prevention order
2 years imprisonmentIf you or your business break a courtāissued knife crime prevention order (or interim order) without a reasonable excuse, you commit a criminal offence. On conviction you can be fined (unlimited amount) and/or sent to prison ā up to six months in a magistratesā court or up to two years in the Crown Court ā and the court cannot give a conditional discharge.
Carry corrosive substance in a public place
4 years imprisonmentIf you or anyone acting for your business is found with a corrosive substance while in a public place, you commit an offence unless you can show you had lawful authority or a good reason, such as it being needed for work. On conviction you may be sentenced to up to four years in prison and face an unlimited fine.
Deliver a bladed product to a person under 18
Unlimited fineIf you arrange for a bladed product (such as a knife) to be delivered to a residential address and it is not handed over to someone aged 18 or over, you have committed an offence. The offence applies even when the seller and buyer are not present together and the delivery is made by a third party. Conviction results in an unlimited fine, dealt with in the magistratesā court.
Deliver bladed article to a person under 18
Unlimited fineIf your business arranges for a thirdāparty (or you yourself) to deliver a bladed article and the item is handed to someone under 18, you commit a criminal offence. On conviction you face an unlimited fine and the matter will be dealt with in the Magistratesā Court.
Deliver bladed product to a residential address or locker
51 weeks imprisonmentIf you sell a bladed product to a customer and you are not in the same place as the buyer, you must not arrange for it to be delivered to the buyerās home or to a lockable locker for them to collect. Doing so is a criminal offence. On conviction you face up to 51 weeks in prison (or up to 6 months in Scotland/Northern Ireland) and an unlimited fine.
Deliver corrosive products to residential premises or lockers
51 weeks imprisonmentIf you sell a corrosive product and either deliver it yourself or arrange for its delivery to a home address or to a lockable locker for the buyer, you commit an offence. Conviction can lead to up to 51 weeks in prison and an unlimited fine (or up to a levelā5 fine in Scotland and Northern Ireland). The offence is dealt with in the magistratesā court on summary conviction.
Deliver corrosive product to someone under 18
Unlimited fineIf you arrange for a corrosive product to be delivered to a person who is under 18, you commit a criminal offence. The offence applies to the party that actually makes the delivery, even if the sale was made from abroad. On conviction you face an unlimited fine, dealt with in the magistrates' court.
Fail to comply with required police notification under the Offensive Weapons Act
2 years imprisonmentIf you do not provide the information the police require under sectionāÆ24 of the Offensive Weapons Act, or you give information you know is false, you commit an offence. On conviction you can be sentenced to up to 6āÆmonths in prison and a fine in the magistratesā court, or up to 2āÆyears in prison and an unlimited fine if the case goes to the Crown Court.
Obstruct police or hide corrosive substance (Scotland)
Fine up to Ā£2,500If a police officer in Scotland reasonably suspects you are carrying a corrosive substance and searches you, you must not deliberately obstruct the officer or try to conceal the substance. Doing either is a criminal offence. On conviction in the magistrates' court you face a fine of up to Ā£2,500.
Possess a prohibited dangerous knife
4 years imprisonmentIf you or anyone acting for your business possesses a knife that falls within the definition of a ādangerous knifeā under the Offensive Weapons Act 2019, you commit a criminal offence. On conviction you can be sentenced to up to 51 weeks imprisonment (or up to 4 years in Northern Ireland) and face an unlimited fine (or a fine up to levelāÆ4 on the standard scale in Scotland). Defences are available only for museums or galleries that do not make a profit.
Possess offensive weapon on further education premises
4 years imprisonmentIf you or anyone on a furtherāeducation campus (college, sixthāform centre, 16ā19 academy) has an offensive weapon, you are committing a criminal offence. The offence can be tried in either a magistrates' court or Crown Court. On conviction you could be jailed for up to four years and face an unlimited fine.
Sell corrosive product to a person underā18
51 weeks imprisonmentIf you sell a corrosive product to anyone under 18 you commit a criminal offence. In England and Wales you can avoid liability by proving you took all reasonable precautions and exercised due diligence; in Scotland you must show you reasonably checked the buyerās age. On conviction you face up to 51 weeksā imprisonment and an unlimited fine (or up to 6 months and a levelā5 fine in Scotland and Northern Ireland).
Penalties for non-compliance
12 penalties under this legislation. 8 can result in imprisonment. 11 carry an unlimited fine.
Breach a knife crime prevention order
Unlimited fine and/or 2 years imprisonment
Carry corrosive substance in a public place
Unlimited fine and/or 4 years imprisonment
Deliver bladed product to a residential address or locker
Unlimited fine and/or 51 weeks imprisonment
Deliver corrosive products to residential premises or lockers
Unlimited fine and/or 51 weeks imprisonment
Fail to comply with required police notification under the Offensive Weapons Act
Unlimited fine and/or 2 years imprisonment
Possess a prohibited dangerous knife
Unlimited fine and/or 4 years imprisonment
Possess offensive weapon on further education premises
Unlimited fine and/or 4 years imprisonment
Sell corrosive product to a person underā18
Unlimited fine and/or 51 weeks imprisonment
Deliver a bladed product to a person under 18
Unlimited fine
Deliver bladed article to a person under 18
Unlimited fine
Deliver corrosive product to someone under 18
Unlimited fine
Obstruct police or hide corrosive substance (Scotland)
Fine up to Ā£2,500
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
73 classified provisions from this legislation.
Duties 4
Offences and penalties 18
- s.1 Sale of corrosive products to persons under 18
- s.3 Delivery of corrosive products to residential premises etc
- s.4 Delivery of corrosive products to persons under 18
- s.5 Presumptions in proceedings in Scotland for offence under section 1, 3 or 4
- s.6 Offence of having a corrosive substance in a public place
- s.7 Presumptions in proceedings in Scotland for offence under section 6
- s.9 Offence under section 6: relevant convictions
- s.11 Search for corrosive substances: Scotland
- s.23 Duration of knife crime prevention order etc
- s.25 Offences relating to notification
- s.29 Offence of breaching knife crime prevention order etc
- s.38 Delivery of bladed products to residential premises etc
- s.39 Delivery of bladed products to persons under 18
- s.42 Delivery of bladed articles to persons under 18
- s.44 Prohibition on the possession of certain dangerous knives
- s.45 Prohibition on the possession of offensive weapons on further education premises
- s.46 Prohibition on the possession of offensive weapons
- s.52 Offence of threatening with an offensive weapon etc in a private place
Powers 11
- s.17 Interim knife crime prevention order: application without notice
- s.26 Review of knife crime prevention order
- s.30 Guidance
- s.31 Piloting
- s.32 Consequential amendments
- s.48 Surrender of prohibited offensive weapons
- s.53 Search for corrosive substance on school or further education premises
- s.57 Surrender of prohibited firearms etc
- s.60 Payments in respect of ancillary equipment
- s.66 Guidance on offences relating to offensive weapons etc
- s.70 Commencement
Definitions 6
- s.19 Knife crime prevention order made on conviction
- s.33 Interpretation of Part applicant bladed article
- s.40 Defences to offence under section 38 or 39 the appropriate national authority historical re-enactment
- s.41 Meaning of ābladed productā in sections 38 to 40 bladed product
- s.63 Interpretation of Part
- s.68 Regulations and orders
Exemptions 7
- s.2 Defence to remote sale of corrosive products to persons under 18
- s.14 Knife crime prevention order made otherwise than on conviction
- s.16 Application without notice
- s.18 Interim knife crime prevention order: application not determined
- s.21 Provisions of knife crime prevention order
- s.27 Variation, renewal or discharge of knife crime prevention order etc
- s.34 Sale etc of bladed articles to persons under 18