Knives Act 1997
| Year | 1997 |
Knives Act 1997
1997 CHAPTER 21
An Act to create new criminal offences in relation to the possession or marketing of, and publications relating to, knives to confer powers on the police to stop and search people or vehicles for knives and other offensive weapons and to seize items found and for connected purposes.
[19th March 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The offences
1 Unlawful marketing of knives.
(1) A person is guilty of an offence if he markets a knife in a way which—
(a) indicates, or suggests, that it is suitable for combat or
(b) is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
(2) ‘Suitable for combat’ and ‘violent behaviour’ are defined in section 10.
(3) For the purposes of this Act, an indication or suggestion that a knife is suitable for combat may, in particular, be given or made by a name or description—
(a) applied to the knife
(b) on the knife or on any packaging in which it is contained or
(c) included in any advertisement which, expressly or by implication, relates to the knife.
(4) For the purposes of this Act, a person markets a knife if—
(a) he sells or hires it
(b) he offers, or exposes, it for sale or hire or
(c) he has it in his possession for the purpose of sale or hire.
(5) A person who is guilty of an offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both
(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.
2 Publications.
(1) A person is guilty of an offence if he publishes any written, pictorial or other material in connection with the marketing of any knife and that material—
(a) indicates, or suggests, that the knife is suitable for combat or
(b) is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
(2) A person who is guilty of an offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both
(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.
The defences
3 Exempt trades.
(1) It is a defence for a person charged with an offence under section 1 to prove that—
(a) the knife was marketed—
(i) for use by the armed forces of any country
(ii) as an antique or curio or
(iii) as falling within such other category (if any) as may be prescribed
(b) it was reasonable for the knife to be marketed in that way and
(c) there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the way in which it was marketed would use it for an unlawful purpose.
(2) It is a defence for a person charged with an offence under section 2 to prove that—
(a) the material was published in connection with marketing a knife—
(i) for use by the armed forces of any country
(ii) as an antique or curio or
(iii) as falling within such other category (if any) as may be prescribed
(b) it was reasonable for the knife to be marketed in that way and
(c) there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the publishing of the material would use it for an unlawful purpose.
(3) In this section ‘prescribed’ means prescribed by regulations made by the Secretary of State.
4 Other defences.
(1) It is a defence for a person charged with an offence under section 1 to prove that he did not know or suspect, and had no reasonable grounds for suspecting, that the way in which the knife was marketed—
(a) amounted to an indication or suggestion that the knife was suitable for combat or
(b) was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
(2) It is a defence for a person charged with an offence under section 2 to prove that he did not know or suspect, and had no reasonable grounds for suspecting, that the material—
(a) amounted to an indication or suggestion that the knife was suitable for combat or
(b) was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
(3) It is a defence for a person charged with an offence under section 1 or 2 to prove that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Supplementary powers
5 Supplementary powers of entry, seizure and retention.
(1) If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—
(a) that a person (‘the suspect’) has committed an offence under section 1 in relation to knives of a particular description, and
(b) that knives of that description and in the suspect's possession or under his control are to be found on particular premises,
the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the knives and seize and remove any that he finds.
(2) If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—
(a) that a person (‘the suspect’) has committed an offence under section 2 in relation to particular material, and
(b) that publications consisting of or containing that material and in the suspect's possession or under his control are to be found on particular premises,
the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the publications and seize and remove any that he finds.
(3) A constable, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.
(4) Any knives or publications which have been seized and removed by a constable under a warrant issued under this section may be retained until the conclusion of proceedings against the suspect.
(5) For the purposes of this section, proceedings in relation to a suspect are concluded if—
(a) he is found guilty and sentenced or otherwise dealt with for the offence
(b) he is acquitted
(c) proceedings for the offence are discontinued or
(d) it is decided not to prosecute him.
(6) In this section ‘premises’ includes any place and, in particular, any vehicle, vessel, aircraft or hovercraft and any tent or movable structure.
6 Forfeiture of knives and publications.
(1) If a person is convicted of an offence under section 1 in relation to a knife of a particular description, the court may make an order for forfeiture in respect of any knives of that description—
(a) seized under a warrant issued under section 5 or
(b) in the offender's possession or under his control at the relevant time.
(2) If a person is convicted of an offence under section 2 in relation to particular material, the court may make an order for forfeiture in respect of any publications...
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