The defences

3Exempt 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.