http://www.legislation.gov.uk/ukpga/1996/26Offensive Weapons Act 1996An Act to make provision about persons having knives, other articles which have a blade or are sharply pointed or offensive weapons; and about selling knives or such articles to persons under the age of sixteen years.1996-07-04texttext/xmlenStatute Law Database2015-07-13Expert Participation2011-03-28 1996 c. 26An Act to make provision about persons having knives, other articles which have a blade or are sharply pointed or offensive weapons; and about selling knives or such articles to persons under the age of sixteen years.[4th July 1996]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:—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In section 50(3) of the Criminal Law (Consolidation) (Scotland) Act 1995 (arrest without warrant), after “section 49(1)” there is inserted “ or section 49A(1) or (2) ”.21In section 1 of the Prevention of Crime Act 1953, in subsection (1)(b), for “two” there is substituted “four”.2In section 47 of the Criminal Law (Consolidation) (Scotland) Act 1995 (prohibition of the carrying of offensive weapons), in subsection (1)(b), for “two” there is substituted “ four ”.3In Article 22 of the Public Order (Northern Ireland) Order 1987 (carrying of offensive weapon in public place), in paragraph (3)(b), for “2” there is substituted “ 4 ”.4Subsections (1) to (3) above do not apply to offences committed before this Act comes into force.31In section 139 of the Criminal Justice Act 1988, in subsection (6), for the words following “shall be liable” there is substituted—aon summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;bon conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.2Subsection (1) above does not apply to an offence committed before this Act comes into force.41After section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) there is inserted—139A1Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.2Any person who has an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.3It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.4Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—afor use at work,bfor educational purposes,cfor religious reasons, ordas part of any national costume.5A person guilty of an offence—aunder subsection (1) above shall be liable—ion summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;iion conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;bunder subsection (2) above shall be liable—ion summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;iion conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.6In this section and section 139B, “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 14(5) of the Further and Higher Education Act 1992.7In the application of this section to Northern Ireland—athe reference in subsection (2) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987; andbthe reference in subsection (6) above to section 14(5) of the Further and Higher Education Act 1992 is to be construed as a reference to Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.139B1A constable may enter school premises and search those premises and any person on those premises for—aany article to which section 139 of this Act applies, orbany offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,if he has reasonable grounds for believing that an offence under section 139A of this Act is being, or has been, committed.2If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for suspecting to be an article or weapon of a kind described in subsection (1) above, he may seize and retain it.3The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.4In the application of this section to Northern Ireland the reference in subsection (1)(b) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987.2In section 172 of that Act (extent), in subsection (3), for “section 139” there is substituted “ sections 139 to 139B ”.3After section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 (offence of having in public place article with blade or point) there is inserted—49A1Any person who has an article to which section 49 of this Act applies with him on school premises shall be guilty of an offence.2Any person who has an offensive weapon within the meaning of section 47 of this Act with him on school premises shall be guilty of an offence.3It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.4Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—afor use at work,bfor educational purposes,cfor religious reasons, ordas part of any national costume.5A person guilty of an offence—aunder subsection (1) above shall be liable—ion summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;iion conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;bunder subsection (2) above shall be liable—ion summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;iion conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.6In this section and section 49B of this Act, “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.49B1A constable may enter school premises and search those premises and any person on those premises for—aany article to which section 49 of this Act applies, orbany offensive weapon within the meaning of section 47 of this Act,if he has reasonable grounds for suspecting that an offence under section 49A of this Act is being, or has been, committed.2If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for believing to be an article or weapon of a kind described in subsection (1) above, he may seize it.3The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.4Subsections (1) to (3) above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61After section 141 of the Criminal Justice Act 1988 (offensive weapons) there is inserted—141A1Any person who sells to a person under the age of sixteen 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.2Subject to subsection (3) below, this section applies to—aany knife, knife blade or razor blade,bany axe, andcany 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.3This section does not apply to any article described in—asection 1 of the Restriction of Offensive Weapons Act 1959,ban order made under section 141(2) of this Act, orcan order made by the Secretary of State under this section.4It 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.5The 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.2In section 172 of that Act (extent) in subsection (2), for “and 142” there is substituted “ 141A and 142 ”.3Subsections (1) and (2) above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.71This Act may be cited as the Offensive Weapons Act 1996.2Sections 2(3) and (4), 3 and 4(1), (2) and (4) and this section extend to Northern Ireland.For extent of Act see s. 7(2).1995 c. 39. For extent of s. 2 see s. 7(2).S.I. 1987/463 (N.I. 7). 1988 c. 33. For extent of s. 4 see s. 7(2).S. 4 wholly in force; s. 4(4) in force at Royal Assent see s. 4(4); s. 4(1)-(3) in force at 1.9.1996 by S.I. 1996/2071, art. 21953 c. 14. 1992 c. 13. 1953 c. 14. S.I. 1987/463 (N.I. 7). S.I. 1986/594 (N.I. 3). 1995 c. 39. 1980 c. 44. S. 4(4) power fully exercised (4.8.1996): 1.9.1996 appointed by S.I. 1996/2071, art. 2S. 6 wholly in force; s. 6(3) in force at Royal Assent see s. 6(3); s. 6(1)(2) in force at 1.1.1997 by S.I. 1996/3063, art. 21988 c. 33. 1959 c. 37. S. 6(3) power fully exercised (4.12.1996): 1.1.1997 appointed day by S.I. 1996/3063, art. 2S. 1(1) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(u)(xxxix)S. 5 repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 63; S.S.I. 2011/178, art. 2, Sch.