The Offensive Weapons Act 2019 is a United Kingdom Act dealing with corrosive substances, sale and delivery of knives and bladed products, possession of certain offensive weapons, and threatening offences involving weapons.
The Act did not replace older weapons law. It amended and extended a framework that already included the Prevention of Crime Act 1953, the Criminal Justice Act 1988, the Restriction of Offensive Weapons Act 1959, firearms legislation, and sentencing legislation.
Background
The Act was passed in response to public concern about knife crime, acid attacks, online knife sales, and possession of dangerous weapons. GOV.UK statutory guidance is aimed at retailers, delivery companies, police, Trading Standards, prosecutors, courts, prisons, and other bodies involved in enforcement.
Main Areas
The Act covers several different subjects:
- Sale and delivery of corrosive products.
- Possession of corrosive substances in public.
- Remote sale and delivery of knives and bladed products.
- Delivery to residential premises or lockers in specified cases.
- Possession in private of certain offensive weapons.
- Amendments to flick knife and gravity knife controls.
- Threatening with offensive weapons and bladed articles.
- Enforcement and surrender arrangements.
Corrosive Substances
Part 1 introduced controls on corrosive products and corrosive substances. It includes offences around sale to under-18s, delivery, and possession in public without good reason or lawful authority.
The corrosive-substance provisions are separate from knife offences but follow the same broad public-safety approach: control sale, restrict irresponsible possession, and allow enforcement where substances are carried for harmful purposes.
Knife Sales and Delivery
The Act tightened rules around remote sales of knives and bladed products. It introduced offences and duties aimed at stopping under-18s receiving knives bought online and limiting delivery to residential premises or lockers in some circumstances.
Retailers and delivery companies may need age-verification systems and delivery procedures that match the statutory requirements.
Private Possession of Prohibited Weapons
One major change was the extension of controls to private possession of certain offensive weapons. Before the 2019 Act, some weapons were mainly controlled through sale, manufacture, importation, hire, lending, or giving. The 2019 Act made private possession of certain listed weapons an offence, subject to exceptions and defences.
Weapons affected by the wider prohibited-weapons framework include items listed in the Criminal Justice Act (Offensive Weapons) Order 1988 and later amendments. The exact list changes over time, so the current order and amendments should be checked.
Flick Knives and Gravity Knives
The Act amended controls on flick knives and gravity knives, including the definition of a flick knife and possession controls. These items are treated much more strictly than ordinary folding pocket knives.
Threatening Offences
The Act strengthened offences involving threatening with weapons. Threatening conduct is treated more seriously than simple possession because it creates direct fear and risk.
For charging decisions, CPS guidance notes that where threats are made it may be preferable to select a threatening offence rather than simple possession, if the evidence supports it.
Relationship with Older Law
The 2019 Act works with older law:
- Section 1 of the Prevention of Crime Act 1953 deals with offensive weapons in public.
- Section 139 of the Criminal Justice Act 1988 deals with bladed articles in public.
- Section 141 of the Criminal Justice Act 1988 deals with specified offensive weapons.
- Section 141A of the Criminal Justice Act 1988 deals with sale of knives and similar articles to under-18s.
Practical Examples
Online Knife Sale
A retailer selling knives online needs systems that deal with age restrictions and delivery rules. A simple checkbox saying the buyer is over 18 may be inadequate if the statutory defence requires reasonable precautions and due diligence.
Prohibited Weapon at Home
A person keeps a prohibited weapon at home as a display item. After the 2019 Act and later amendments, private possession may itself be an offence unless a specific exception or defence applies.
Ordinary Kitchen Knife
An ordinary kitchen knife is not automatically a prohibited weapon. It can still be a bladed article in public without good reason, or an offensive weapon if carried for use in violence.
See Also
- Offensive weapon
- Bladed articles
- Criminal Justice Act 1988
- Prevention of Crime Act 1953
- Folding pocket knife
References
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