Delivery of Bladed Products to Residential Premises | Legal Risks Explained
Sellers of bladed products are subject to strict delivery conditions to prevent them from being delivered to a person under eighteen, and failing to comply with these requirements can result in serious consequences.
Police recorded crime data for the year ending December 2024 showed that offences involving knives or sharp instruments increased by 2% over a twelve month period, and tackling knife crime remains a priority, with the Government aiming to halve knife crime over the next decade as part of its Safer Streets Mission.
In pursuit of this Mission, the Government has introduced a new Crime and Policing Bill dealing with, amongst other topics, unlawful knife and offensive weapons sales.
The Offensive Weapons Act 2019 controls the delivery of bladed products to residential premises, and Mohammed Ahmed of KANGS comments on the current legislation.
What is a Bladed Product?
The Offensive Weapons Act 2019 (‘the Act’) defines a bladed product as follows.
Section 41 Meaning of ‘bladed product’.
A ‘bladed product’ means an article which:
- is or has a blade, and
- is capable of causing a serious injury to a person which involves cutting that person’s skin.
Accordingly, knives that could not cause such an injury will not fall within this definition.
What Constitutes Delivery of a Bladed Product?
Section 38 of the Offensive Weapons Act 2019: Delivery of bladed products to residential premises.
Where a seller sells a bladed product to a buyer at a time when they are not in each other’s presence, the seller commits an offence if, for the purposes of supplying the bladed product he:
- delivers the bladed product or
- arranges for its delivery to ‘residential premises’ or to a ‘locker’.
‘Residential premises’ are those used solely for residential purposes. Premises from where a person carries on a business are not residential premises.
‘A locker’ is a lockable container to which the bladed product is delivered with a view to collection by the buyer, or a person acting on behalf of the buyer, in accordance with arrangements made between the seller and the buyer.
Delivery of Cutlery Knives & Utility Knives
Statutory guidance issued under section 66 of the Act in April 2022 indicates that the Government’s view is that it is unlikely that the following will be considered as bladed products for the purposes of section 38 and are, therefore, capable of being delivered to residential premises or a locker:
- cutlery knives (other than sharply pointed steak knives),
- pizza knives/cutters,
- snap off cutters,
- utility knives with small cutting knives,
- small cheese knives.
Potential Defences
Section 40 of the Act provides a person charged with an offence under the Act with a number of potential defences, for example, when:
- it can be proven that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence,
- there were procedures in place likely to ensure that any bladed product delivered to residential premises would be delivered into the hands of a person aged over eighteen,
- the seller can prove that the bladed product was designed or manufactured for the buyer in accordance with specifications provided by the buyer,
- the bladed product was adapted for the buyer before delivery in order to facilitate the use of the product by the buyer for a particular purpose,
- it can be proved by the seller that there existed reasonable belief that the bladed product was bought for use for sporting purposes or historical re-enactment.
Sentencing upon Conviction
A person found guilty of an offence under Section 38 of the Act is liable, on summary conviction before a Magistrates’ Court in England and Wales, to a fine, imprisonment for a term not exceeding fifty-one weeks or to both.
How Can We Assist You?
Offences of any kind involving bladed products should be taken seriously and obtaining legal advice is essential, especially as a those convicted could receive a substantial fine or imprisonment or both.
For more than twenty‑five years, the team at KANGS has provide legal support to people facing serious and often life‑changing criminal allegations. The quality of our representation is consistently recognised by the leading law directories, The Legal 500 and Chambers UK.
If you have inadvertently sold a bladed article to a person under 18, arranged delivery of a bladed product to a residential premises, or committed any other breach relating to an offensive weapons offence, please contact our team using the details below. They will be pleased to assist you.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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