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.
Enacted[19th March 1997]
E1Be 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:—
1A person is guilty of an offence if he markets a knife in a way which—aindicates, or suggests, that it is suitable for combat; orbis 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 10.3For 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—aapplied to the knife;bon the knife or on any packaging in which it is contained; orcincluded in any advertisement which, expressly or by implication, relates to the knife.4For the purposes of this Act, a person markets a knife if—ahe sells or hires it;bhe offers, or exposes, it for sale or hire; orche has it in his possession for the purpose of sale or hire.5A person guilty of an offence under this section shall be liable—aon summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;bon conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.
1A 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—aindicates, or suggests, that the knife is suitable for combat; orbis otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.2A person guilty of an offence under this section shall be liable—aon summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to bothbon conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.
1It is a defence for a person charged with an offence under section 1 to prove that—athe knife was marketed—ifor use by the armed forces of any country;iias an antique or curio; oriiias falling within such other category (if any) as may be prescribed;bit was reasonable for the knife to be marketed in that way; andcthere 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.2It is a defence for a person charged with an offence under section 2 to prove that—athe material was published in connection with marketing a knife—ifor use by the armed forces of any country;iias an antique or curio; oriiias falling within such other category (if any) as may be prescribed;bit was reasonable for the knife to be marketed in that way; andcthere 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.3In this section “prescribed” means prescribed by regulations made by the Secretary of State.
1It 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—aamounted to an indication or suggestion that the knife was suitable for combat; orbwas likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.2It 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—aamounted to an indication or suggestion that the knife was suitable for combat; orbwas likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon.3It 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.
5 Supplementary powers of entry, seizure and retention.¶
1If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—athat a person (“the suspect”) has committed an offence under section 1 in relation to knives of a particular description, andbthat 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.C12If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—athat a person (“the suspect”) has committed an offence under section 2 in relation to particular material, andbthat 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.3A constable, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.C24Any 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.5For the purposes of this section, proceedings in relation to a suspect are concluded if—ahe is found guilty and sentenced or otherwise dealt with for the offence;bhe is acquitted;cproceedings for the offence are discontinued; ordit is decided not to prosecute him.6In this section “premises” includes any place and, in particular, any vehicle, vessel, aircraft or hovercraft and any tent or movable structure.
1If 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—aseized under a warrant issued under section 5; orbin the offender’s possession or under his control at the relevant time.2If 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 consisting of or containing that material which—ahave been seized under a warrant issued under section 5; orbwere in the offender’s possession or under his control at the relevant time.3The court may make an order under subsection (1) or (2)—awhether or not it also deals with the offender in respect of the offence in any other way; andbwithout regard to any restrictions on forfeiture in any enactment.4In considering whether to make an order, the court must have regard—ato the value of the property; andbto the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).5In this section “relevant time”—ain relation to a person convicted in England and Wales or Northern Ireland of an offence under section 1 or 2, means the time of his arrest for the offence or of the issue of a summons in respect of it;bin relation to a person so convicted in Scotland, means the time of his arrest for the offence or of his being cited as an accused in respect of it.
1An order under section 6 (a “forfeiture order”) operates to deprive the offender of his rights, if any, in the property to which it relates.2The property to which a forfeiture order relates must be taken into the possession of the police (if it is not already in their possession).3The court may, on an application made by a person who—aclaims property to which a forfeiture order applies, butbis not the offender from whom it was forfeited,make an order (a “recovery order”) for delivery of the property to the applicant if it appears to the court that he owns it.4An application to a sheriff must be made in such manner as may be prescribed by act of adjournal.5No application may be made after the end of the period of 6 months beginning with the date on which the forfeiture order was made.6No application may succeed unless the claimant satisfies the court—athat he had not consented to the offender having possession of the property; orbthat he did not know, and had no reason to suspect, that the offence was likely to be committed.7If a person has a right to recover property which is in the possession of another in pursuance of a recovery order, that right—ais not affected by the making of the recovery order at any time before the end of the period of 6 months beginning with the date on which the order is made; butbis lost at the end of that period.8The Secretary of State may make regulations, in relation to property forfeited under this section, for disposing of the property and dealing with the proceeds in cases where—ano application has been made before the end of the period of 6 months beginning with the date on which the forfeiture order was made; orbno such application has succeeded.9The regulations may also provide for investing money and auditing accounts.10In this section, “application” means an application under subsection (3).
8 Powers to stop and search for knives or offensive weapons.¶
1Section 60 of the M1Criminal Justice and Public Order Act 1994 (powers to stop and search in anticipation of violence) is amended as follows.2For subsection (1) substitute—3Subsection (2) (exercise by chief inspector or inspector of power to give authorisation) is repealed.4In subsection (3) (continuation of authorisation)—afor “the officer who gave the authorisation or to a” substitute “
an officer of or above the rank of
”;bfor “incident” substitute “
activity
”;cfor “six” substitute “
24
”.5After subsection (3) insert—6In subsection (9) (matters to be specified in authorisations) after “specify” insert “
the grounds on which it is given and
”.7In subsection (10), the words from “and similarly” to the end of the subsection are repealed.8After subsection (10) insert—9In subsection (11), in the definition of “offensive weapon”, after “Act 1984” insert “
or, in relation to Scotland, section 47(4) of the M2Criminal Law (Consolidation) (Scotland) Act 1995
”.10After subsection (11) insert—11Section 60 of the Act of 1994 is to extend to Scotland; and accordingly in section 172(8) of that Act (list of provisions that extend to Scotland), for “61 to 67” substitute “
60 to 67
”.
1If an offence under this Act committed by a body corporate is proved—ato have been committed with the consent or connivance of an officer, orbto be attributable to any neglect on his part,he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.2In subsection (1) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.3If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.4If an offence under this Act committed by a partnership in Scotland is proved—ato have been committed with the consent or connivance of a partner, orbto be attributable to any neglect on his part,he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
in relation to England and Wales or Northern Ireland, the Crown Court or a magistrate’s court;
in relation to Scotland, the sheriff;
“knife” means an instrument which has a blade or is sharply pointed;
“marketing” and related expressions are to be read with section 1(4);
“publication” includes a publication in electronic form and, in the case of a publication which is, or may be, produced from electronic data, any medium on which the data are stored;
“suitable for combat” means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury;
“violent behaviour” means an unlawful act inflicting injury on a person or causing a person to fear injury.
1This Act may be cited as the Knives Act 1997.2This section comes into force on the passing of this Act.P13The other provisions of this Act come into force on such date as may be appointed by order made by the Secretary of State; but different dates may be appointed for different provisions and for different purposes.4Any such order may include such transitional provisions or savings as the Secretary of State considers appropriate.5The power—ato make regulations under section 3 or 7, orbto make an order under this section,is exercisable by statutory instrument.6A statutory instrument made under section 3 or 7 shall be subject to annulment in pursuance of a resolution of either House of Parliament.7Except for section 8, this Act extends to Northern Ireland.8In its application to Northern Ireland, this Act has effect with the following modifications—aany reference in section 3 or 7 to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;bany power of the Department of Justice to make regulations under section 3 or 7 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument); andcregulations made by the Department of Justice under section 3 or 7 shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Footnotes
E1
Act extends to Northern Ireland but for exception see s. 11(7).
M1
1994 c. 33.
M2
1995 c. 39.
P1
S. 11(3) power partly exercised (25.7.1997): 1.9.1997 appointed for specified provisions by S.I. 1997/1906, art. 2
S. 11(3) power partly exercised (8.1.1999): 1.3.1999 appointed for specified provision by S.I. 1999/5, art. 2
C1
S. 5(2) powers of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 paras. 63 (with ss. 52-54, 68); S.I. 2003/708, art. 2(a)
C2
S. 5(4) applied (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 57(1)(l), 138(2) (with s. 57(4)); S.I. 2003/708, art. 2(a)
F1
S. 1(5) substituted (16.7.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216), arts. 1(4), 90(8); S.R. 2008/293, art. 2, Sch. para. 14
F2
S. 2(2) substituted (16.7.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216), arts. 1(4), 90(9); S.R. 2008/293, art. 2, Sch. para. 14
F3
S. 11(8) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 35(2) (with arts. 28-31)