In the case of distance selling (e.g. online), blade products cannot be delivered to residential premises unless certain conditions are met. These are discussed in the “Supply of blade products to residential buildings” section below. The sale of knives and blades poses particular challenges for retailers (both for local and distance sales – e.g. online) and delivery staff. They must all have effective systems in place to identify products of concern and prevent illegal sales or deliveries. In the following text, you will find references to “blade products” and “blade products” used in various legal acts. They have slightly different meanings, which are explained below. The item does not need to be sharp: a butter knife, without cutting edge and without a point, is a blade item. The only exception to blade-shaped or pointed determination is a folding pocket knife, and only if the blade does not exceed 3 inches.
Typically, this would catch knives in the style of the Swiss army. “Folding pocket knife” means immediately foldable, simply by pressing. If other actions are required, such as pressing a button or releasing a lock (as is the case with a locking knife), the knife is not a folding pocket knife. All other bladed items that are clearly not collapsible pocket knives, such as kitchen knives or a foldable cutthroat, regardless of their length, are covered by this legislation. A foldable pocket knife less than 3 inches is an assault weapon when carried with the required intent. Similarly, a screwdriver is not a blade object, but could be an offensive weapon. It is usually a knife, but section 139 of the Criminal Justice Act 1988 defines a bladed article as any item with a blade or strongly pointed, unless it is a folding pocket knife with a blade less than 3 inches long. Even a blunt butter knife without a point and without a cutting edge has a blade and is therefore considered a blade item. Some products are not likely to fall within the definition of a blade product and may be supplied to residential premises (although the age of the person to whom they will be given has not yet been verified): Subsection 1(4) defines an assault weapon as “any thing manufactured or adapted to injure a person, or by the person who has it with him, for such use by him or by another person.” In R. v. Simpson (C), 78 CAR 115, the Court considered this definition and identified three categories of offensive weapons.
The goal is to reduce access to dangerous knives and blades and their use in violent crime. The types of blade items listed above are unlikely to fall within the definition of a blade product and can be supplied to residential premises provided that the vendor meets the conditions set out in the OLA for blade articles, namely: It is clear that, given the increasing prevalence of bladed articles and assault weapons, The courts are imposing much harsher sentences, and it is now more common than ever for these offences to be punishable by imprisonment. The Sentencing Guidelines Council has released new guidelines for the courts, which will apply as of June 1, 2018. It is clear that the courts will be encouraged to crack down on those responsible for these crimes. Prosecutors should be aware of the possibility of gang crimes in a variety of cases, including those involving assault weapons, knives, blades or sharp objects [and corrosive substances]. Prosecutors should consult the guidelines for decision-making in gang-related crimes. This section applies to all articles with a blade or sharply pointed, except a folding pocket knife, unless the blade of the folding pocket knife exceeds 3 inches (7.62 cm). Magistrates Court: Blade Objects and Assault Weapons – Possession If you have been charged with possession of a blade object, you should seek the advice of a specialist lawyer as soon as you are able to do so. Expert representation is essential to ensure the best possible outcome for your case. Category: Crime Tagged With: Blade Articles, Crimes, Offenders, Law, Assault Weapon, Law Enforcement, Conviction Blade products are a subset of the wider range of blade items to which Section 141A of the Criminal Justice Act 1988 applies (in other words, any item with a sharp blade or point). Although the courts are the final arbiter in determining whether or not an item is a blade product, it is unlikely that the items on the following list will be considered blade products: The only legal exceptions to the blade age restriction or highly stringent age restrictions are: For distance selling, sellers are not allowed to supply age-restricted blade items. or have it delivered to a locker.
This is because there is no way to verify age at the time of collection. Case law states that a bolt-action knife is not a folding knife, regardless of the length of its blade. In Harris v. Director of Public Prosecutions [1993] 1 WLR 82, it was concluded that a locking knife is secured in the open position by a locking mechanism and is therefore not a “foldable pocket knife” because it is not immediately foldable at all times. An item with an age-limited blade should not be delivered to a locker or arrangements should be made to deliver it (for example, the type where the consumer receives an access code to open the locker and retrieve the product). Indeed, it would not be possible to verify the age of the person who retrieves the item from a locker. There is a strong public interest in preventing the carrying and use of offensive weapons, knives, blades and corrosive substances.
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