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Knives and Offensive Weapons
West Mercia Police authority report a low level of crime relating to the use of knives in Worcestershire. www.westmercia.police.uk/crime/knifecrime.htm
However, it only takes one incident to result in a serious injury or death. The UK media has recently raised awareness of a number of knife related incidents that have resulted in the death of young people. This factsheet aims to provide guidance on the law and also offer some best practice guidelines for sellers. What Does The Law Say? It is illegal to sell knives, blades, razors and other implements detailed below to anyone under the age of 18. The Criminal Justice Act 1988 (as amended by the Offensive Weapons Act 1996 and the Violent Crime Reduction Act 2006) makes it illegal to sell the following items to young persons under 18 years old:
Any knife, knife blade or razor blade.
Any axe.
Any article which has a blade or which is sharply pointed, and which is made or adapted for causing injury to the person.
The prohibition does not apply to:
A folding pocket knife with a blade of less than 3 inches (7.62cm).
A razor blade permanently held in a cartridge or similar housing where less than 2mm of the blade is exposed.
Articles such as scissors or compasses.
REMEMBER: IF YOU SELL A RESTRICTED PRODUCT TO SOMEONE UNDER 18 YOU ARE COMMITTING AN OFFENCE. What Can Happen If I Sell Knives To Someone Under 18? These laws are enforced jointly by the Police and Trading Standards, and anyone found selling restricted items to persons under 18 years old risks a maximum fine of £5,000 and/or a term of imprisonment up to six months. Are There Any Restrictions On Advertising Knives For Sale? The Knives Act 1997 provides further restrictions on combat knives. This legislation prohibits the marketing of a knife or the publication of marketing relating to a knife, in a way which:
‘Indicates or suggests that it is suitable for combat.
Is likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon’.
The term ‘suitable for combat’ means that the knife is suitable for use as a weapon for inflicting injury or causing fear of injury to the person. There are exemptions to allow sales of such items for legitimate purposes, such as use by armed forces or as collectors’ pieces. What Can I Do To Stop Sales To Under 18s?
Challenge 25 protocol.
Display appropriate posters, point of sale material and window stickers to dissuade youngsters from trying to purchase and to remind your staff not to sell.
Train all your staff on the law, and give them practical training on how to question and refuse sales. (Keep records of the training and reminders given).
Give advice to your staff about what Age ID cards are acceptable .
Support staff if refusals are made.
Keep a log of 'refused sales'.
Use CCTV cameras to spot potential problems early.
Liaise with local policing teams if you have any antisocial behaviour in or around your premises.
What Is Challenge 25?
It can be difficult to judge the age of someone, therefore sellers should challenge any person who looks under the age of 25 and refuse to serve them unless they provide proof of age. Posters are available to warn customers that anyone who looks under 25 will be asked for proof of age. What Is A Refusals Register? All refusals should be recorded on a Refusal Sales Sheet or in a Refusal Book. Maintaining a refusal book will strengthen a case for due diligence. Logs should be checked by the owner or supervisor to ensure that all members of staff are using them. Refusal registers are available from Trading Standards. What Forms Of I.D. Should I Accept? You should only accept the following forms of identification, which include photographic identification:
A Passport (www.ukpa.gov.uk)
A Photo Driving Licence (www.dvla.gov.uk) or Local Post Office
A Citizencard (Tel: 01782 741982) (www.citizencard.com)
Other PASS Scheme approved card (http://www.pass-scheme.org.uk/)
Always look for the PASS hologram to ensure that it is a genuine proof of age card. You must be careful to ensure that any proof of age document is genuine. DO NOT ACCEPT PHOTOCOPIES
What Can I Do As Best Practice In My Store?
Review the type of knives that you sell and how they are advertised and whether this needs to change.
Display knives only within view of sales staff.
Use dummy packaging and lock knives away.
Security tag knives.
Use locked display cabinets.
Point of sale notices to deter underage sales.
Refusals register. What Training Should I Provide My Staff? All staff should be trained before they are able to sell age restricted goods. Refresher training should be supplied to staff at regular intervals so that they do not become complacent. All staff should have a record of training and they should be asked to sign training records to confirm that they have understood the training. Staff notice boards should be used to provide reminders. Point of sale reminders and a till prompt can help to remind staff when purchases are made. Ensure that all staff have access to a refusals register or a system to log any refusals that are made. Retailers must ensure that staff are using the refusals register and sign and date checks of the refusal register on a regular basis. This will provide an audit log of retailer's checks. If staff are not logging refusals then they should be challenged and reminded of the store procedures. Retailers have a responsibility to make sure staff are complying with the law, as you can be liable for any sale that takes place – whether you were present or not. Regular supervision of employees to ensure they are following instructions is important. Where Can I Get Help And Training? Worcestershire’s Responsible Retailer Scheme (S.T.A.R) is aimed at sellers of age restricted products in the county and asks them to sign up to a Code of Conduct and actively promote the Challenge 25 Scheme. Retailers also agree to receive training from Trading Standards for themselves and their staff. The training package is a short 30 minute session which provides practical information and allows staff to ask advice from a Trading Standards person. The S.T.A.R. scheme (STOP, THINK, ASK, REFUSE) helps to give staff the knowledge and confidence to refuse sales to anyone that they believe is under age. To become a responsible retailer and receive free training contact us at: (tel) 0845 330 3313. (Email) [email protected] If I Know Someone Is Selling Knives To Under 18s How Can I Report This? To help us to crack down on under age sales, contact Citizens Advice Consumer Service on 03454 04 05 06 or email us at [email protected]
