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Criminal Justice Act 1988

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[ 141A F1 Sale of knives and certain articles with blade or point to persons under sixteen. E+W

( 1 )Any person who sells to a person under the age of [F2eighteen] years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(2)Subject to subsection (3) below, this section applies to—

(a)any knife, knife blade or razor blade,

(b)any axe, and

(c)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.

(3)This section does not apply to any article described in—

(a) section 1 of the M1 Restriction of Offensive Weapons Act 1959,

(b)an order made under section 141(2) of this Act, or

(c)an order made by the Secretary of State under this section.

(4)It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(5)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F1S. 141A inserted (1.1.1997) by 1996 c. 26, s. 6(1)(3); S.I. 1996/3063, art.2

F2Word in s. 141A(1) substituted (E.W.) (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 43(2), 66(2); S.I. 2007/2180, art. 3(j)

Modifications etc. (not altering text)

C1S. 141A(1) excluded (1.1.1997) by S.I. 1996/3064, art.2

Marginal Citations

[ 141A F1[F3Sale of knives and certain articles with blade or point to persons under eighteen]S

( 1 )[F4Subject to subsection (3A) below]Any person who sells[F5or lets on hire] to a person under the age of [F6eighteen] years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(2)Subject to subsection (3) below, this section applies to—

(a)any knife, knife blade or razor blade,

(b) any axe, F7 . . .

[F8(ba)any sword; and]]

(c)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.

(3)This section does not apply to any article described in—

(a)section 1 of the M1Restriction of Offensive Weapons Act 1959,

(b)an order made under section 141(2) of this Act, or

(c)an order made by the Secretary of State under this section.

[F9(3A)It is not an offence under subsection (1) to sell [F10or let on hire]a knife or knife blade to a person if—

(a)the person is aged 16 or over; and

(b)the knife or blade is designed for domestic use.]

[F11(4) It is a defence for a person charged with an offence under subsection (1) (referred to in this section as “ the accused ”) to show that—

(a) the accused believed the person to whom the article was sold or let on hire (referred to in this section as “ the purchaser or hirer ”) to be of or above the relevant age, and

(b)either—

(i)the accused had taken reasonable steps to establish the purchaser or hirer's age, or

(ii)no reasonable person could have suspected from the purchaser or hirer's appearance that the purchaser or hirer was aged under the relevant age.

(4A)For the purposes of subsection (4)(b)(i), the accused is to be treated as having taken reasonable steps to establish the purchaser or hirer's age if and only if—

(a)the accused was shown any of the documents mentioned in subsection (4B), and

(b)the document would have convinced a reasonable person.

(4B)Those documents are any document bearing to be—

(a)a passport,

(b)a European Union photocard driving licence, or

(c)such other document, or a document of such other description, as the Scottish Ministers may by order prescribe.

(4C)In subsection (4), “the relevant age” is—

(a)in the case where the article is a knife or knife blade designed for domestic use, 16 years, and

(b)in any other case, 18 years.]

(5)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F1S. 141A inserted (1.1.1997) by 1996 c. 26, s. 6(1)(3); S.I. 1996/3063, art.2

F11S. 141A(4)-(4C) substituted (S.) (28.3.2011) for s. 141A(4) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 36(4), 206(1); S.S.I. 2011/178, art. 2, Sch.

Modifications etc. (not altering text)

C1S. 141A(1) excluded (1.1.1997) by S.I. 1996/3064, art.2

Marginal Citations

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