Ross
19-11-03, 09:55 AM
Some people have asked about the marketing of knives specfically for the game of 'Com'. The text below is credited to DD1967 (from the USN) who prepared it:
6.5 Manufacture and Sale of Weapons
In addition to the controls on the carrying of weapons, there are also restrictions on the sale, manufacture, hire and buying of some weapons. The legislation is aimed at restricting the supply of such weapons and their availability in England and Wales. As such, they are mainly concerned with manufacture, sale, offering for sale etc. and should not be confused with offences of carrying such weapons (which are dealt with above).
Some of the offences relate to possession for the purpose of sale, hire etc.; this is a much wider term than that used in the carrying offences (‘has with him') and is discussed in greater detail in the context of drugs (see Crime, chapter 6) and firearms (see chapter 5 above).
Offence - Manufacture, Sale or Hire of Weapons - Restriction of Offensive
Weapons Act 1959, s. 1
Triable summarily. Six months' imprisonment and/or a fine.
(No specific power of arrest)
The Restriction of Offensive Weapons Act 1959, s. 1 states:
(1) Any person who manufactures, sells or hires or offers for sale or hire or exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person-
(a) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a ‘flick knife' or ‘flick gun'; or
any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a ‘gravity knife',
shall be guilty of an offence . . .
Offence - Manufacture, Sale and Hire of Offensive Weapons -
Criminal Justice Act 1988, s. 141
Triable summarily. Six months' imprisonment and/or a fine.
(No specific power of arrest)
The Criminal Justice Act 1988, s. 141 states:
(1) Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence
Keynote
The importation of the weapons described in these offences is also prohibited (under s. 141(2) and (4) respectively.
The weapons to which the 1988 Act offence applies are set out in the schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (SI 1988 No. 2019). The weapons listed include knuckledusters, swordsticks, some telescopic truncheons, butterfly knives and a whole range of martial arts weapons. The complete list is as follows:
. . .
(a) a knuckleduster that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;
(b) a swordstick, that is, a hollow walking-stick or cane containing a blade which may be used as a sword;
(c) the weapon sometimes known as a ‘handclaw', being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;
(d) the weapon sometimes known as a ‘belt buckle knife', being a buckle which incorporates or conceals a knife;
(e) the weapon sometimes known as a ‘push dagger', being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;
(f ) the weapon sometimes known as a ‘hollow kubotan', being a cylindrical container containing a number of sharp spikes;
(g) the weapon sometimes known as a ‘footclaw', being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;
(h) the weapon sometimes known as a ‘shuriken', ‘shaken' or ‘death star', being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown;
(i) the weapon sometimes known as a ‘balisong' or ‘butterfly knife', being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;
( j) the weapon sometimes known as a ‘telescopic truncheon', being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;
(k) the weapon sometimes known as a ‘blowpipe' or ‘blow gun' being a hollow tube out of which hard pellets or darts are shot by the use of breath;
(l) the weapon sometimes known as a ‘kusari gama', being a length of rope, cord, wire or chain fastened at one end to a sickle;
(m) the weapon sometimes known as a ‘kyoketsu shoge', being a length of rope, cord, wire or chain fastened at one end to a hooked knife;
(n) the weapon sometimes known as a ‘manrikigusari' or ‘kusari', being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip.
For the purposes of the schedule, a weapon is an antique if it was manufactured more than 100 years before the date of any offence alleged to have been committed in respect of the weapon.
The courts will take notice of the fact that a weapon has been outlawed under this legislation in deciding whether or not it is ‘made' for causing injury under the Prevention of Crime Act 1953 (see para. 6.2.3).
Defences
There are a number of defences which include Crown servants and visiting forces (s. 141(5) to (7)) and transactions made by or to museums and galleries (s. 141(8) to (11)).
6.6 Knives
Although some knives will fall into the categories of offence covered above, there are further restrictions which apply to knives generally.
6.6.1 Sale of Knives etc. to Persons under 16
Offence - Selling, Knives and Articles to Under 16's - Criminal Justice
Act 1988, s. 141A
Triable summarily. Six months' imprisonment and/or a fine.
(No specific power of arrest)
The Criminal Justice Act 1988, s. 141A states:
(1) Any 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 . . .
(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 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 under this section.
Keynote
This offence does not apply to folding pocket knives with a cutting edge not exceeding three inches (7.62 cms), neither does it apply to certain types of razor blade in a cartridge where not more than 2 mm of blade is exposed (Criminal Justice Act 1988 (Offensive Weapons) (Exemptions) Order 1996 (SI 1996 No. 3064)).
Defence
Section 141A of the 1988 Act states:
(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.
6.6.2 Unlawful Marketing of Knives
Offence - Unlawful Marketing of Knives - Knives Act 1997, s. 1
Triable either way. Two years' imprisonment and/or a fine on indictment; six months'
imprisonment and/or a fine summarily.
(No specific power of arrest)
The Knives Act 1997, s. 1 states:
(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.
Keynote
‘Knife' for this purpose means any instrument which has a blade or which is sharply pointed (s. 10 of the 1997 Act).
Marketing will include selling, hiring, offering or exposing for sale or hire and possessing it for those purposes (s. 1(4)).
‘Indicates or suggests' is a very loose concept requiring no mens rea on the part of the defendant (however, see defences below).
‘Suitable for combat' means suitable for use as a weapon for inflicting injury to anyone or causing them to fear injury, and ‘violent behaviour' means an unlawful act inflicting injury or causing a person to fear injury (s. 10). The elements in italics (author's emphasis) show that the legislation is intended to address the fear of the use of knives as well as their actual use.
The suggestion that knives are suitable for combat may be express or it may be implied by the name given to a product (e.g. ‘commando') or by the packaging or advertisement relating to it (s. 1(3)). Therefore such packaging or advertising material, together with any surrounding advertisements, can be produced in evidence.
Defences
The Knives Act 1997, ss. 3 and 4 state:
3.-(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.
4.-(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.
Keynote
The defences at s. 3 require the person to show that the knife was marketed/the material published:
• for one of the uses at s. 3(1)(a)(i)-(iii) and s. 3(2)(a)(i)-(iii) and
• that it was reasonable to market it in that way and
• that there were no reasonable grounds for suspecting that a person would use the knife for an unlawful purpose.
The defences at s. 4 require the person to show that he/she:
• did not know or suspect, or
• have any reasonable grounds to suspect
• that the marketing/the marketing material amounted to an indication or even a suggestion that the knife was suitable for combat or
• was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
There is also the general defence under s. 4(3) for the person to show that he/she took all reasonable precautions and exercised all due diligence to avoid committing the offence.
In each of these cases, the standard of proof will be against the balance of probabilities (see Evidence and Procedure, chapter 11).
6.6.3 Publications Relating to Knives
Offence - Publications Relating to Knives - Knives Act 1997, s. 2
Triable either way. Two years' imprisonment and/or a fine on indictment; six months'
imprisonment and/or a fine summarily.
(No specific power of arrest)
The Knives Act 1997, s. 2 states:
(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.
Keynote
This offence is aimed at the publishers of advertisements rather than those who are involved in the sale and marketing of knives. The defences are shown above.
6.5 Manufacture and Sale of Weapons
In addition to the controls on the carrying of weapons, there are also restrictions on the sale, manufacture, hire and buying of some weapons. The legislation is aimed at restricting the supply of such weapons and their availability in England and Wales. As such, they are mainly concerned with manufacture, sale, offering for sale etc. and should not be confused with offences of carrying such weapons (which are dealt with above).
Some of the offences relate to possession for the purpose of sale, hire etc.; this is a much wider term than that used in the carrying offences (‘has with him') and is discussed in greater detail in the context of drugs (see Crime, chapter 6) and firearms (see chapter 5 above).
Offence - Manufacture, Sale or Hire of Weapons - Restriction of Offensive
Weapons Act 1959, s. 1
Triable summarily. Six months' imprisonment and/or a fine.
(No specific power of arrest)
The Restriction of Offensive Weapons Act 1959, s. 1 states:
(1) Any person who manufactures, sells or hires or offers for sale or hire or exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person-
(a) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a ‘flick knife' or ‘flick gun'; or
any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a ‘gravity knife',
shall be guilty of an offence . . .
Offence - Manufacture, Sale and Hire of Offensive Weapons -
Criminal Justice Act 1988, s. 141
Triable summarily. Six months' imprisonment and/or a fine.
(No specific power of arrest)
The Criminal Justice Act 1988, s. 141 states:
(1) Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence
Keynote
The importation of the weapons described in these offences is also prohibited (under s. 141(2) and (4) respectively.
The weapons to which the 1988 Act offence applies are set out in the schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (SI 1988 No. 2019). The weapons listed include knuckledusters, swordsticks, some telescopic truncheons, butterfly knives and a whole range of martial arts weapons. The complete list is as follows:
. . .
(a) a knuckleduster that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;
(b) a swordstick, that is, a hollow walking-stick or cane containing a blade which may be used as a sword;
(c) the weapon sometimes known as a ‘handclaw', being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;
(d) the weapon sometimes known as a ‘belt buckle knife', being a buckle which incorporates or conceals a knife;
(e) the weapon sometimes known as a ‘push dagger', being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;
(f ) the weapon sometimes known as a ‘hollow kubotan', being a cylindrical container containing a number of sharp spikes;
(g) the weapon sometimes known as a ‘footclaw', being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;
(h) the weapon sometimes known as a ‘shuriken', ‘shaken' or ‘death star', being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown;
(i) the weapon sometimes known as a ‘balisong' or ‘butterfly knife', being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;
( j) the weapon sometimes known as a ‘telescopic truncheon', being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;
(k) the weapon sometimes known as a ‘blowpipe' or ‘blow gun' being a hollow tube out of which hard pellets or darts are shot by the use of breath;
(l) the weapon sometimes known as a ‘kusari gama', being a length of rope, cord, wire or chain fastened at one end to a sickle;
(m) the weapon sometimes known as a ‘kyoketsu shoge', being a length of rope, cord, wire or chain fastened at one end to a hooked knife;
(n) the weapon sometimes known as a ‘manrikigusari' or ‘kusari', being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip.
For the purposes of the schedule, a weapon is an antique if it was manufactured more than 100 years before the date of any offence alleged to have been committed in respect of the weapon.
The courts will take notice of the fact that a weapon has been outlawed under this legislation in deciding whether or not it is ‘made' for causing injury under the Prevention of Crime Act 1953 (see para. 6.2.3).
Defences
There are a number of defences which include Crown servants and visiting forces (s. 141(5) to (7)) and transactions made by or to museums and galleries (s. 141(8) to (11)).
6.6 Knives
Although some knives will fall into the categories of offence covered above, there are further restrictions which apply to knives generally.
6.6.1 Sale of Knives etc. to Persons under 16
Offence - Selling, Knives and Articles to Under 16's - Criminal Justice
Act 1988, s. 141A
Triable summarily. Six months' imprisonment and/or a fine.
(No specific power of arrest)
The Criminal Justice Act 1988, s. 141A states:
(1) Any 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 . . .
(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 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 under this section.
Keynote
This offence does not apply to folding pocket knives with a cutting edge not exceeding three inches (7.62 cms), neither does it apply to certain types of razor blade in a cartridge where not more than 2 mm of blade is exposed (Criminal Justice Act 1988 (Offensive Weapons) (Exemptions) Order 1996 (SI 1996 No. 3064)).
Defence
Section 141A of the 1988 Act states:
(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.
6.6.2 Unlawful Marketing of Knives
Offence - Unlawful Marketing of Knives - Knives Act 1997, s. 1
Triable either way. Two years' imprisonment and/or a fine on indictment; six months'
imprisonment and/or a fine summarily.
(No specific power of arrest)
The Knives Act 1997, s. 1 states:
(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.
Keynote
‘Knife' for this purpose means any instrument which has a blade or which is sharply pointed (s. 10 of the 1997 Act).
Marketing will include selling, hiring, offering or exposing for sale or hire and possessing it for those purposes (s. 1(4)).
‘Indicates or suggests' is a very loose concept requiring no mens rea on the part of the defendant (however, see defences below).
‘Suitable for combat' means suitable for use as a weapon for inflicting injury to anyone or causing them to fear injury, and ‘violent behaviour' means an unlawful act inflicting injury or causing a person to fear injury (s. 10). The elements in italics (author's emphasis) show that the legislation is intended to address the fear of the use of knives as well as their actual use.
The suggestion that knives are suitable for combat may be express or it may be implied by the name given to a product (e.g. ‘commando') or by the packaging or advertisement relating to it (s. 1(3)). Therefore such packaging or advertising material, together with any surrounding advertisements, can be produced in evidence.
Defences
The Knives Act 1997, ss. 3 and 4 state:
3.-(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.
4.-(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.
Keynote
The defences at s. 3 require the person to show that the knife was marketed/the material published:
• for one of the uses at s. 3(1)(a)(i)-(iii) and s. 3(2)(a)(i)-(iii) and
• that it was reasonable to market it in that way and
• that there were no reasonable grounds for suspecting that a person would use the knife for an unlawful purpose.
The defences at s. 4 require the person to show that he/she:
• did not know or suspect, or
• have any reasonable grounds to suspect
• that the marketing/the marketing material amounted to an indication or even a suggestion that the knife was suitable for combat or
• was likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.
There is also the general defence under s. 4(3) for the person to show that he/she took all reasonable precautions and exercised all due diligence to avoid committing the offence.
In each of these cases, the standard of proof will be against the balance of probabilities (see Evidence and Procedure, chapter 11).
6.6.3 Publications Relating to Knives
Offence - Publications Relating to Knives - Knives Act 1997, s. 2
Triable either way. Two years' imprisonment and/or a fine on indictment; six months'
imprisonment and/or a fine summarily.
(No specific power of arrest)
The Knives Act 1997, s. 2 states:
(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.
Keynote
This offence is aimed at the publishers of advertisements rather than those who are involved in the sale and marketing of knives. The defences are shown above.