法律人 LawPlayer logo

資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk

Act of Parliament

Crime and Policing Act 2026

Citation
2026 c. 20
As at
Sections
749
Section 1Respect orders

(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

(2) Before Part 1 insert—

Respect orders

Respect orders

Power to make respect orders

(A1)

(1) A court may make an order under this section (a “respect order”) against a person aged 18 or over (“ the respondent ”) if—

(a) the court is satisfied, on the balance of probabilities, that the respondent has engaged in or threatens to engage in anti-social behaviour, and

(b) the court considers it just and convenient to make the order for the purpose of preventing the respondent from engaging in anti-social behaviour.

(2) A respect order may for the purpose of preventing the respondent from engaging in anti-social behaviour—

(a) prohibit the respondent from doing anything described in the order;

(b) require the respondent to do anything described in the order.

(3) Prohibitions and requirements in a respect order must, so far as practicable, be such as to avoid—

(a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment;

(b) any conflict with the requirements of any other court order or injunction to which the respondent is subject.

(4) A respect order must—

(a) specify the period for which it has effect, or

(b) state that it has effect until further order.

(5) A respect order may specify periods for which particular prohibitions or requirements have effect.

(6) A respect order may be made only on the application of a relevant authority.

(7) An application for a respect order may be made to the High Court or the county court.

(8) A court may treat an application for a respect order as an application under section 1A (power to grant housing injunctions) for an injunction under that section.

(9) In this Part, “ anti-social behaviour ” means conduct that has caused, or is likely to cause, harassment, alarm or distress to any person.

Section A1 : meaning of “relevant authority”

(B1)

(1) This section applies for the purposes of section A1 .

(2) “ Relevant authority ” means—

(a) a local authority,

(b) a housing provider,

(c) the chief officer of police for a police area,

(d) the chief constable of the British Transport Police Force,

(e) Transport for London,

(f) Transport for Greater Manchester,

(g) the Environment Agency,

(h) the Natural Resources Body for Wales,

(i) the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or

(j) the Welsh Ministers exercising security management functions, or a person exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person.

(3) In subsection (2) “ security management functions ” means—

(a) the Secretary of State’s security management functions within the meaning given by section 195 (3) of the National Health Service Act 2006 ;

(b) the functions of the Welsh Ministers corresponding to those functions.

(4) A housing provider may make an application for a respect order only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.

(5) For the purposes of subsection (4) the housing management functions of a housing provider include—

(a) functions conferred by or under an enactment;

(b) the powers and duties of the housing provider as the holder of an estate or interest in housing accommodation.

(6) In subsection (5) , “ housing accommodation ” includes—

(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

(c) any common areas used in connection with the accommodation.

(7) The Secretary of State may by regulations—

(a) amend this section;

(b) amend section N1 in relation to expressions used in this section.

Contents of respect orders

Power to exclude person from home in cases of violence or risk of harm

(C1)

(1) A respect order may have the effect of excluding the respondent from the place where the respondent normally lives (“ the premises ”) only if two conditions are met.

(2) The first condition is that the order is made on the application of—

(a) a local authority,

(b) the chief officer of police for the police area that the premises are in, or

(c) if the premises are owned or managed by a housing provider, that housing provider.

(3) The second condition is that the court considers that—

(a) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or

(b) there is a significant risk of harm to other persons from the respondent.

(4) For the purposes of this section a housing provider owns premises if—

(a) the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or

(b) the housing provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of 3 years or more.

Requirements included in respect orders

(D1)

(1) A respect order that includes a requirement must specify the person (“ the supervisor ”) who is to be responsible for supervising compliance with the requirement.

The supervisor may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified as the supervisor, if an individual is to be specified;

(b) an individual representing the organisation to be specified as the supervisor, if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider their compatibility with each other.

(4) Where a court includes in a respect order a requirement the effect of which the court considers is to require the respondent to participate in a particular activity—

(a) the court must declare the requirement to be an “ activity requirement ” for the purposes of this Part, and

(b) the order must specify that the court has done so.

(5) It is the duty of a person specified as the supervisor in relation to a requirement—

(a) to make any necessary arrangements in connection with the requirements for which the supervisor has responsibility (the “relevant requirements”);

(b) to promote the respondent’s compliance with the relevant requirements;

(c) to inform the person who applied for the order and (if different) the appropriate chief officer of police if the supervisor considers that the respondent has complied with all the relevant requirements.

(6) If the supervisor considers that the respondent has failed to comply with a relevant requirement, the supervisor must inform the person who applied for the order and (if different) the appropriate chief officer of police unless—

(a) the supervisor considers that the respondent had a reasonable excuse for the failure, or

(b) section H1 applies (duty to give warning for breach of activity requirement).

(7) A respondent subject to a requirement included in a respect order must—

(a) keep in touch with the supervisor in relation to that requirement, in accordance with any instructions given by the supervisor from time to time;

(b) notify the supervisor of any change of address.

These obligations have effect as requirements of the order.

(8) In this section , “ the appropriate chief officer of police ” means—

(a) the chief officer of police for the police area in which it appears to the supervisor that the respondent lives, or

(b) if it appears to the supervisor that the respondent lives in more than one police area, whichever of the relevant chief officers of police the supervisor considers it most appropriate to inform.

Procedure

Applications without notice

(E1)

(1) An application for a respect order may be made without notice being given to the respondent.

(2) If an application is made without notice, the court must do one of the following—

(a) adjourn the proceedings and make an interim order (see section F1 );

(b) adjourn the proceedings without making an interim order;

(c) dismiss the application.

(3) Rules of court may provide that an appeal from a decision of the High Court or the county court—

(a) to dismiss an application for a respect order made without notice being given to the respondent, or

(b) to refuse to make an interim order when adjourning proceedings following such an application,

may be made without notice being given to the respondent.

Interim respect orders

(F1)

(1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for a respect order.

(2) The court may make a respect order lasting until the final hearing of the application or until further order (an “interim respect order”) if the court considers it just to do so.

(3) An interim respect order made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities.

(4) Subject to that, the court has the same powers in relation to an interim respect order as it has in relation to a respect order made at a final hearing.

Variation and discharge of respect orders

(G1)

(1) The court may vary or discharge a respect order on the application of—

(a) the person who applied for the order, or

(b) the respondent.

(2) In subsection (1) “ the court ” means the court that made the order.

(3) The power to vary an order includes power to include an additional prohibition or requirement in the order, or to extend the period for which a prohibition or requirement has effect.

(4) If an application under this section is dismissed, the party who made the dismissed application may make no further application under this section without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) Section D1 applies to additional requirements included under subsection (3) as it applies to requirements included in a new order.

Breaches of respect orders

Duty to give warning for breach of activity requirement

(H1)

(1) This section applies where—

(a) the supervisor responsible for an activity requirement is of the opinion that the respondent has without reasonable excuse failed to comply with the requirement, and

(b) the respondent has not been given a warning under this section in relation to the requirement within the period of 12 months ending with the date of the failure.

(2) The supervisor must give the respondent a warning in relation to the requirement which—

(a) must be in writing,

(b) must describe the circumstances of the failure to comply, and

(c) must inform the respondent that if the respondent breaches the activity requirement again within the period of 12 months beginning with the date on which the warning is given, the respondent will be liable to prosecution under section I1 .

(3) A warning under this section may be given to a person—

(a) by hand, or

(b) by sending it by first class post addressed to the person at the person’s last known address.

(4) As soon as practicable after giving a warning under this section, the supervisor must record that fact.

(5) In this section, “ supervisor ” has the meaning given by section D1 (1) .

Offence of breach of respect order

(I1)

(1) It is an offence for a person without reasonable excuse—

(a) to do anything the person is prohibited from doing by a respect order, or

(b) to fail to do anything the person is required to do by a respect order.

(2) Subsection (1) (b) does not apply in relation to a failure to comply with an activity requirement unless, within the period of 12 months ending with the date of the failure, the person has been given a warning under section H1 in relation to that requirement.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine (or both).

(4) Where a person is convicted of an offence under this section it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

(5) In proceedings for an offence under this section , a copy of the original order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.

Supplementary

Requirement to carry out risk assessment

(J1)

(1) A person applying for a respect order must before doing so carry out a risk assessment in relation to the application.

(2) A risk assessment, in relation to an application for a respect order, is an assessment of—

(a) the risk of any person being caused harassment, alarm or distress by the respondent’s conduct,

(b) any vulnerabilities of the respondent,

(c) any alternative means of preventing the respondent from engaging in anti-social behaviour, and

(d) such other matters as the person considers relevant.

(3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section M1 .

Requirements to give notice of applications

(K1)

(1) A person applying for a respect order must before doing so inform any person the applicant considers appropriate of the application.

(2) Subsection (1) does not apply to a without-notice application.

(3) Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must inform any other person the applicant considers appropriate of the application.

(4) A person applying for variation or discharge of a respect order made on that person’s application must before doing so inform any other person the applicant considers appropriate of that application.

(5) In this section —

“ on-notice hearing ” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;

“ without-notice application ” means an application made without notice under section E1 .

Special measures for witnesses

(L1)

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to proceedings under this Part as it applies to criminal proceedings, but with—

(a) the omission of sections 17 (4) to (7) , 21 (4C) (e) , 22A , 27 (10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and

(b) any other necessary modifications.

(2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to proceedings under this Part—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(4) This section does not affect the application of any provision of that Act to criminal proceedings relating to an offence under section I1 of this Act.

Guidance

(M1)

(1) The Secretary of State may issue guidance to persons entitled to apply for orders under section A1 (see section B1 ) about the exercise of their functions under this Part.

(2) The Secretary of State may revise any guidance issued under this section .

(3) Before issuing or revising guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(4) Subsection (3) does not apply to revisions that the Secretary of State considers are not substantial.

(5) The requirement in subsection (3) to consult before issuing guidance may be satisfied by consultation carried out wholly or partly before this section comes into force.

(6) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

Interpretation etc

(N1)

(1) In this Part—

“ activity requirement ” means a requirement which the court has declared to be an activity requirement for the purposes of this Part (see section D1 (4) );

“ anti-social behaviour ” has the meaning given by section A1 (9) ;

“ harm ” includes serious ill-treatment or abuse, whether physical or not;

“ housing provider ” means—

a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985 ) that is a charity,

a housing action trust established under section 62 of the Housing Act 1988 ,

in relation to England, a non-profit private registered provider of social housing,

in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996 , or

any body (other than a local authority or a body within paragraphs (a) to (d) ) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985 ;

“ local authority ” means—

in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

in relation to Wales, a county council or a county borough council;

“ respect order ” means an order under section A1 ;

“ respondent ” has the meaning given by section A1 (1) .

(2) A person’s age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.

(3) In section 182 (2) (orders and regulations subject to affirmative resolution procedure), before paragraph (a) insert—

(za) regulations under section B1 (7) ,

Section 2Youth injunctions, housing injunctions and consequential amendments

(1) Part 1 of Schedule 1 amends the Anti-social Behaviour, Crime and Policing Act 2014 to—

(a) confine the power to grant an injunction under section 1 of that Act to the granting of injunctions against persons aged 10 or over but under 18, and

(b) provide for the granting of injunctions against persons aged 18 or over for the purpose of preventing them from engaging in certain conduct capable of causing nuisance or annoyance relating to the occupation or management of housing.

(2) Part 2 of Schedule 1 contains consequential amendments of other Acts.

(3) The amendments made by Schedule 1 do not apply in relation to—

(a) injunctions under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 granted before the commencement day,

(b) applications for such an injunction made before the commencement day, or

(c) injunctions granted on such an application (even if granted after the commencement day).

(4) In subsection (3) “ the commencement day ” means the day on which Schedule 1 comes into force.

Section 3Maximum period for certain directions, notices and orders

(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

(2) In section 35 (directions excluding a person from an area)—

(a) in subsection (4) , for “48 hours” substitute “72 hours” ;

(b) after subsection (7) insert—

(7A) A police officer of at least the rank of inspector must review each direction given under this section that specifies an exclusion period exceeding 48 hours as soon as reasonably practicable after the expiry of the 48 hours.

(c) in subsection (8) , for “48 hours” substitute “72 hours” .

(3) In section 77 (duration of closure notices)—

(a) in subsection (1) , for “24 hours” substitute “48 hours” ;

(b) in subsections (2) and (3) , for “48 hours” substitute “72 hours” .

(4) In section 81 (temporary orders), in subsection (2) , for “48 hours” substitute “72 hours” .

(5) After section 83 insert—

Power of Secretary of State to change maximum duration of closure orders

(83A)

(1) The Secretary of State may by regulations amend this Chapter so as to alter—

(a) the maximum period that a closure order under section 80 may specify as the period for which access to the premises is prohibited;

(b) the maximum period for which a closure order may be extended under section 82;

(c) the maximum duration of a closure order extended under section 82.

(2) Regulations under this section may make different provision for different purposes.

(3) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6) In section 182 (2) (orders and regulations), after paragraph (b) insert—

(ba) regulations under section 83A ,

Section 4Fixed penalty notices

(1) In Schedule 5 to the Police Reform Act 2002 (powers exercisable by accredited persons), in paragraph 1 (2) , after paragraph (ac) insert—

(ad) the power of an authorised person to issue a fixed penalty notice under section 52 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of failure to comply with community protection notice);

(ae) the power of a constable or an authorised person to issue a fixed penalty notice under section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of offences relating to public spaces protection orders and expedited orders);

(2) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in subsections (3) to (6) .

(3) In section 52 (fixed penalty notices), in subsection (7) , for “£100” substitute “£500” .

(4) In section 56 (guidance)—

(a) at the beginning insert—

(A1) The Secretary of State must issue—

(a) guidance to chief officers of police about the issue of fixed penalty notices under section 52 by officers under their direction or control, and

(b) guidance to local authorities about the issue of fixed penalty notices under section 52 by local authorities and persons designated under section 53(1)(c).

(b) in subsection (1)(a), after “those officers’” insert “other” ;

(c) in subsection (1)(b)—

(i) after “their” insert “other” ;

(ii) for “those” substitute “other functions” ;

(d) after subsection (3) insert—

(4) The Secretary of State must comply with the duty in subsection (A1)(a) and (b) within 6 months of the day on which the Crime and Policing Act 2026 is passed.

(5) In section 68 (fixed penalty notices), in subsection (6) , for “£100” substitute “£500” .

(6) In section 73 (guidance)—

(a) at the beginning insert—

(A1) The Secretary of State must issue guidance to local authorities about the issue of fixed penalty notices under section 68 by persons authorised by local authorities under that section.

(b) in subsection (1)(a), for “those” substitute “other functions” ;

(c) after subsection (3) insert—

(4) The Secretary of State must comply with the duty in subsection (A1) within 6 months of the day on which the Crime and Policing Act 2026 is passed.

Section 5Closure of premises by registered social housing provider

Schedule 2 amends Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 so as to enable registered social housing providers to close premises that they own or manage which are associated with nuisance and disorder.

Section 6Reviews of responses to complaints about anti-social behaviour

(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

(2) In section 104 (review of response to complaints about anti-social behaviour), after subsection (7) insert—

(7A) Subsection (7) is subject to section 104A (7) (requirement for recommendations to be confirmed by local policing body where LPB case review takes place).

(3) After section 104 insert—

Review by local policing body

(104A)

(1) This section applies if a person has made a complaint about anti-social behaviour in a particular local government area and—

(a) a person has made an application for an ASB case review of the response to that behaviour, but the relevant bodies in that area have decided that the threshold for a review is not met, or

(b) the relevant bodies in that area have carried out an ASB case review of the response to that behaviour.

(2) The local policing body for the relevant police area must carry out a review of the response to the anti-social behaviour (an “LPB case review”) if—

(a) the applicant in relation to the ASB case review, or a person acting on behalf of the applicant with their consent, makes an application for an LPB case review, and

(b) the body considers that the threshold for carrying out an ASB case review in relation to the anti-social behaviour was met.

(3) If no application has been made for an LPB case review of the response to the anti-social behaviour, the local policing body for the relevant police area may carry out an LPB case review if the body considers that—

(a) it is appropriate to carry out the LPB case review, and

(b) the threshold for carrying out an ASB case review of the response to that behaviour was met.

(4) Each local policing body must—

(a) make arrangements about the carrying out of LPB case reviews by that body (“LPB review procedures”), and

(b) ensure that the current LPB review procedures are published.

(5) The LPB review procedures must include provision about the making of applications for LPB case reviews and, in particular, must specify the point of contact for making applications.

(6) A local policing body which carries out an LPB case review may make recommendations to a person who exercises public functions in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.

(7) Where an LPB case review of the response to anti-social behaviour follows an ASB case review of the response to the same behaviour, a person is not required to have regard to the recommendations resulting from the ASB case review unless the recommendations are confirmed by the local policing body.

(8) A local policing body who carries out an LPB case review must inform the relevant applicant of—

(a) the outcome of the review, and

(b) any recommendations made in accordance with subsection (6) or confirmed in accordance with subsection (7) .

(9) In subsection (8) “ the relevant applicant ” means—

(a) where the local policing body carries out an LPB case review in response to an application, the person who made the application, or

(b) in any other case, the person who applied for the ASB case review mentioned in subsection (1) .

(10) As soon as practicable after the end of a reporting period, each local policing body must publish information about the following matters which relates to that period—

(a) the number of applications for LPB case reviews made to the body;

(b) the number of times that the body decided that an LPB case review should not be carried out in response to an application;

(c) the number of LPB case reviews the body has carried out in response to an application;

(d) the number of LPB case reviews the body has carried out otherwise than in response to an application;

(e) the number of LPB case reviews carried out by the body that have resulted in recommendations being made by the body;

(f) the number of LPB case reviews carried out by the body—

(i) which were reviews of the response to anti-social behaviour following an ASB case review of the response to the same behaviour, and

(ii) as a result of which the body has confirmed any of the recommendations resulting from the ASB case review;

(g) the number of LPB case reviews carried out by the body—

(i) which were reviews of the response to anti-social behaviour following an ASB case review of the response to the same behaviour, and

(ii) as a result of which the body has declined to confirm any of the recommendations resulting from the ASB case review.

(11) Schedule 4A (LPB case reviews supplementary provision) has effect.

(4) In section 105 (ASB case reviews: interpretation)—

(a) in the heading, after “ASB case reviews” insert “and LPB case reviews” ;

(b) in subsection (1) —

(i) for “section 104” substitute “sections 104 and 104A ” ;

(ii) for “Schedule 4” substitute “Schedules 4 and 4A” ;

(c) in subsection (4) —

(i) at the appropriate places insert—

“ LPB case review ” has the meaning given by section 104A (2) ;

“ relevant police area ”, in relation to a local government area, means the police area which consists of, or includes all or part of, the local government area;

(ii) for the definition of “reporting period” substitute—

“ reporting period ”—

in relation to the publication of information by the relevant bodies in a local government area, or the provision of information by such bodies to a local policing body, means a period, not exceeding 12 months, determined by those bodies for that purpose;

in relation to the publication of information by a local policing body, means a period, not exceeding 12 months, determined by that body for that purpose.

(5) In Schedule 4 (ASB case reviews: supplementary provision)—

(a) in paragraph 1 —

(i) in sub-paragraph (1) , at the end insert “or (as the case may be) each of the local policing bodies for the relevant police areas.” ;

(ii) omit sub-paragraph (2) ;

(b) in paragraph 4 , for the words from “about” to the end of the paragraph substitute

for the relevant bodies, on the applicant’s request and in such circumstances as may be specified in the procedures, to reconsider—

(a) a decision not to carry out an ASB case review,

(b) a decision not to make recommendations under section 104(7) in respect of a matter arising from an ASB case review, or

(c) a recommendation made under section 104(7) in respect of such a matter.

(c) in paragraph 8 (3) —

(i) after “section 104,” insert “section 104A,” ;

(ii) for “or this Schedule” substitute “, this Schedule or Schedule 4A” ;

(iii) in paragraph (b) omit “or the relevant police area”;

(d) after paragraph 9 insert—

Duty of local policing body to promote awareness of ASB case reviews

(10) A local policing body must, in such manner as it thinks appropriate, promote awareness of—

(a) opportunities in the body’s police area to make applications for ASB case reviews, and

(b) the review procedures for such reviews.

Guidance

(11) The relevant bodies in a local government area must have regard to guidance issued by the Secretary of State in exercising functions under section 104 or this Schedule.

(6) After Schedule 4 insert the Schedule set out in Schedule 3 to this Act.

Section 7Provision of information about anti-social behaviour to Secretary of State

In Part 6 of the Anti-social Behaviour, Crime and Policing Act 2014 (local involvement and accountability), at the end insert—

Information relating to anti-social behaviour

Provision of information to Secretary of State

(105A)

(1) The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour.

(2) The information that regulations may require a relevant authority to provide includes in particular information about—

(a) reports of anti-social behaviour made to the authority,

(b) responses of the authority to anti-social behaviour, and

(c) ASB case reviews carried out by the relevant authority.

(3) The regulations may require a relevant authority to—

(a) collect or otherwise obtain information,

(b) create information,

(c) retain information, or

(d) process information (including by collating or analysing it),

for the purpose of providing information under the regulations.

(4) The regulations may make provision—

(a) requiring information to be provided at specified intervals or on specified occasions;

(b) about the form and manner in which information must be provided.

(5) The regulations may make different provision for different purposes.

(6) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force.

(8) In this section—

“ anti-social behaviour ” includes—

conduct that is anti-social behaviour for the purposes of any provision of this Act,

unreasonable conduct that has or is likely to have a detrimental effect, of a persistent or continuing nature, on the quality of life of those in a locality, and

the use of premises that has resulted or is likely to result in nuisance to members of the public, or that has been or is likely to be associated with disorder near the premises;

“ ASB case review ” has the same meaning as in section 104;

“ relevant authority ” means—

a person mentioned in section 5(1) (persons entitled to apply for injunctions under Part 1) other than the Secretary of State,

an integrated care board established under section 14Z25 of the National Health Service Act 2006 for an area in England, or

a Local Health Board for an area in Wales;

“ specified ” means specified in the regulations.

Section 8Seizure of motor vehicles used in manner causing alarm, distress or annoyance

(1) In section 59 of the Police Reform Act 2002 (vehicles used in manner causing alarm, distress or annoyance) omit subsections (4) and (5) (powers of seizure etc exercisable only if warning given, subject to certain exceptions).

(2) The amendment made by subsection (1) does not apply in relation to the use of a motor vehicle on any occasion before the coming into force of this section .

Section 9Guidance on fly-tipping enforcement in England

In the Environmental Protection Act 1990 , after section 34C insert—

Contraventions of sections 33 and 34: guidance on enforcement in England

Guidance on fly-tipping enforcement in England

(34CZA)

(1) The Secretary of State must issue guidance to English waste collection authorities about—

(a) the collection by those authorities of evidence to support representations to the court about an order under section 33C (forfeiture of vehicles), and

(b) the exercise by authorised officers of their powers under section 34B (search and seizure of vehicles).

(2) The Secretary of State may issue guidance to English waste collection authorities about the exercise of their other functions, and other functions of their authorised officers, in connection with the enforcement of—

(a) section 33(1)(a) (prohibition on unauthorised deposit of controlled waste);

(b) section 34(2A) (duty to secure that household waste transferred only to authorised persons).

(3) An English waste collection authority must have regard to any guidance issued under this section when exercising any functions to which the guidance relates.

(4) The Secretary of State may revise any guidance issued under this section.

(5) A draft of any guidance or revised guidance proposed to be issued under this section must be laid before each House of Parliament.

(6) Before laying draft guidance or revised guidance under subsection (5) , the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) The Secretary of State must not issue guidance or revised guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day.

(8) If, within that period, either House of Parliament resolves that the guidance or revised guidance should not be issued, the Secretary of State must not issue it.

(9) In calculating any period of 40 days for the purposes of subsection (7) , no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10) The Secretary of State must publish any guidance issued or revised under this section.

(11) In this section, “ authorised officer ”, in relation to an English waste collection authority, means a person who is an authorised officer in relation to that authority for the purposes of—

(a) section 33ZA (fixed penalty notices for contravention of section 33(1)(a)) (see subsection (12) of that section),

(b) section 34ZA (fixed penalty notices relating to section 34(2A)) (see subsection (12) of that section), or

(c) section 34B (power to search and seize vehicles etc) (see subsection (11) of that section).

Section 10Fly-tipping: penalty points on driving record

(1) In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (other offences for which penalty points are available), at the end insert—

(2) The amendment made by subsection (1) does not apply in relation to an offence committed before that subsection comes into force.

Section 11Offence of trespassing with intent to commit criminal offence

(1) A person commits an offence if the person trespasses on any premises with intent to commit an offence (whether or not on the premises).

(2) In subsection (1) “ premises ” means any building, part of a building or enclosed area.

(3) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both).

Section 12Arranging or facilitating begging for gain

(1) A person commits an offence if, for gain, the person arranges or facilitates another person’s begging.

(2) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(3) In subsection (2) “ the maximum term for summary offences ” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) if the offence is committed after that time, 51 weeks.

Section 13“Relevant user-to-user services”, “relevant search services” and “service providers”

(1) For the purposes of this Chapter—

(a) a “relevant search service” is a search service other than an exempt service;

(b) a “relevant user-to-user service” is a user-to-user service other than an exempt service.

(2) In subsection (1) , “ search service ” and “ user-to-user service ” have the same meanings as in the Online Safety Act 2023 (the “ 2023 Act ”) (see, in particular, section 3 of that Act).

(3) The following are exempt services for the purposes of subsection (1) —

(a) a service of a kind that is described in any of the following paragraphs of Schedule 1 to the 2023 Act (certain services exempt from regulation under that Act)—

(i) paragraph 1 or 2 (email, SMS and MMS services);

(ii) paragraph 3 (services offering one-to-one live aural communications);

(iii) paragraph 4 (limited functionality services);

(iv) paragraph 5 (services which enable combinations of user-generated content);

(v) paragraph 7 or 8 (internal business services);

(vi) paragraph 9 (services provided by public bodies);

(vii) paragraph 10 (services provided by persons providing education or childcare), or

(b) a service of a kind that is described in Schedule 2 to the 2023 Act (services that include regulated provider pornographic content).

(4) This Chapter does not apply in relation to a part of a relevant search service, or a part of a relevant user-to-user service, if the 2023 Act does not apply to that part of the service by virtue of section 5(1) or (2) of that Act.

(5) In this Chapter, “ service provider ” means a provider of a relevant user-to-user service or a provider of a relevant search service.

Section 14Coordinating officer

(1) The Secretary of State must designate a member of a relevant police force or a National Crime Agency officer as the coordinating officer for the purposes of this Chapter.

(2) The coordinating officer may delegate any of the officer’s functions under this Chapter (to such extent as the officer may determine) to another member of a relevant police force or National Crime Agency officer.

Section 15Notice requiring appointment of content manager

(1) The coordinating officer may give a service provider a notice (an “appointment notice”) requiring the provider—

(a) either to—

(i) appoint an individual who meets the conditions in subsection (2) as the provider’s content manager for the purposes of this Chapter, or

(ii) if there is no such individual, confirm that is the case to the coordinating officer, and

(b) to provide the coordinating officer with the required information.

(2) The conditions are that the individual—

(a) plays a significant role in—

(i) the making of decisions about how a whole or substantial part of the service provider’s activities are to be managed or organised, or

(ii) the actual managing or organising of the whole or a substantial part of those activities, and

(b) is habitually resident in the United Kingdom.

(3) “ Required information ” means—

(a) the contact details of any content manager appointed;

(b) an email address, or details of another means of contacting the service provider rapidly which is readily available, that may be used for the purpose of giving the provider a notice under this Chapter;

(c) information identifying the relevant user-to-user services, or (as the case may be) the relevant search services, provided by the provider.

(4) An appointment notice must—

(a) specify the period before the end of which the service provider must comply with the notice, and

(b) explain the potential consequences of the service provider failing to do so (see section 19 ).

(5) The period specified under subsection (4) (a) must be at least seven days beginning with the day on which the notice is given.

Section 16Appointment of content manager following change of circumstances

(1) This section applies where—

(a) the coordinating officer has given a service provider an appointment notice,

(b) the provider has confirmed to the officer (in accordance with the appointment notice or under section 17 (5) (b) ) that there is no individual who meets the conditions in section 15 (2) , and

(c) at any time within the period of two years beginning with the day on which that confirmation was given, there is an individual who meets those conditions.

(2) The service provider must, before the end of the period of seven days beginning with the first day on which there is an individual who meets those conditions—

(a) appoint such an individual as the provider’s content manager for the purposes of this Chapter, and

(b) provide the coordinating officer with the content manager’s contact details.

Section 17Replacement of content manager

(1) This section applies where a service provider has appointed an individual as the provider’s content manager (whether in accordance with an appointment notice or under section 16 or this section).

(2) The service provider may replace the provider’s content manager by appointing another individual who meets the conditions in section 15 (2) as the provider’s new content manager for the purposes of this Chapter.

(3) The service provider must, before the end of the period of seven days beginning with the day on which an appointment is made under subsection (2) , provide the coordinating officer with the new content manager’s contact details.

(4) If the individual appointed as a service provider’s content manager ceases to meet any of the conditions in section 15 (2) , the appointment ceases to have effect.

(5) The service provider must, before the end of the period of seven days beginning with the day on which an appointment ceases to have effect under subsection (4) —

(a) either—

(i) appoint another individual who meets the conditions in section 15 (2) as the provider’s content manager for the purposes of this Chapter, and

(ii) provide the coordinating officer with the new content manager’s contact details, or

(b) if there is no longer such an individual, confirm that is the case to the coordinating officer.

Section 18Duty to notify changes in required information

(1) This section applies where a service provider has, in accordance with an appointment notice or under section 16 (2) (b) or 17 provided the coordinating officer with required information.

(2) The service provider must give notice to the coordinating officer of any change in the required information.

(3) The notice must specify the date on which the change occurred.

(4) The notice must be given before the end of the period of seven days beginning with the day on which the change occurred.

Section 19Failure to comply with content manager requirements: civil penalty

(1) This section applies if the coordinating officer has given a service provider an appointment notice and—

(a) the period specified in the notice as mentioned in section 15 (4) (a) has expired without the provider having complied with the notice,

(b) the provider has failed to comply with a requirement under section 16 , 17 or 18 ,

(c) the provider, in purported compliance with a requirement to provide, or give notice of a change in, required information (whether in accordance with an appointment notice or under section 16 (2) (b) , 17 or 18 (2) ) makes a statement that is false in a material particular, or

(d) the provider makes a statement that is false in giving the confirmation mentioned in section 15 (1) (a) (ii) or 17 (5) (b) .

(2) The coordinating officer may give the service provider a notice (a “penalty notice”) requiring the provider to pay a penalty of an amount not exceeding £60,000.

(3) In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (2) .

(4) Schedule 4 makes further provision in connection with penalty notices given under this Chapter.

Section 20Unlawful weapons content

(1) For the purposes of this Chapter, content is “unlawful weapons content” in England and Wales if it is content that constitutes—

(a) an offence under section 1(1) of the Restriction of Offensive Weapons Act 1959 (offering to sell, hire, loan or give away etc a dangerous weapon),

(b) an offence under section 1 or 2 of the Knives Act 1997 (marketing of knives as suitable for combat etc and related publications), or

(c) an offence under section 141(1) of the Criminal Justice Act 1988 under the law of England and Wales (offering to sell, hire, loan or give away etc an offensive weapon).

(2) For the purposes of this Chapter, content is “unlawful weapons content” in Scotland if it is content that constitutes—

(a) an offence within subsection (1) (a) or (b) , or

(b) an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Scotland.

(3) For the purposes of this Chapter, content is “unlawful weapons content” in Northern Ireland if it is content that constitutes—

(a) an offence under Article 53 of the Criminal Justice (Northern Ireland) Order 1996 ( S.I. 1996/3160 (N.I. 24) ) (offering to sell, hire, loan or give away etc certain knives),

(b) an offence within subsection (1) (b) , or

(c) an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Northern Ireland.

Section 21Content removal notices

(1) This section applies where an authorised officer is satisfied that content—

(a) present on a relevant user-to-user service, or

(b) which may be encountered in or via search results of a relevant search service,

is unlawful weapons content in a relevant part of the United Kingdom.

(2) The authorised officer may give a content removal notice to—

(a) the provider of the relevant user-to-user service, or

(b) the provider of the relevant search service.

(3) If the authorised officer gives a content removal notice to a service provider in a case where the coordinating officer has the contact details of the provider’s content manager, the authorised officer may also give the notice to that manager.

(4) A content removal notice is a notice requiring the service provider and (if applicable) the provider’s content manager (each a “recipient”) to secure that—

(a) the content to which it relates is removed (see section 27 (2) ), and

(b) confirmation of that fact is given to the authorised officer.

(5) A content removal notice must—

(a) identify the content to which it relates;

(b) explain the authorised officer’s reasons for considering that the content is unlawful weapons content in the relevant part (or parts) of the United Kingdom;

(c) explain that the notice must be complied with before the end of the period of 48 hours beginning with the time the notice is given;

(d) explain that each recipient has the right to request a review of the decision to give the notice and how a request is to be made (see section 22 );

(e) set out the potential consequences of failure to comply with the notice;

(f) contain the authorised officer’s contact details;

(g) be in such form, and contain such further information, as the Secretary of State may by regulations prescribe.

(6) The authorised officer may withdraw a content removal notice from a recipient by notifying the recipient to that effect (but withdrawal of a notice does not prevent a further content removal notice from being given under this section , whether or not in relation to the same content as the withdrawn notice).

(7) In this section —

“ authorised officer ” means—

a member of a relevant police force who is authorised for the purposes of this section by the chief officer of the force, or

a National Crime Agency officer who is authorised for the purposes of this section by the Director General of the National Crime Agency;

“ relevant part of the United Kingdom ” means—

where the authorised officer is a member of a relevant police force in England and Wales, England and Wales;

where the authorised officer is a member of the Police Service of Scotland, Scotland;

where the authorised officer is a member of the Police Service of Northern Ireland, Northern Ireland;

where the authorised officer is a member of the Ministry of Defence Police or a National Crime Agency officer, any part of the United Kingdom.

Section 22Content removal notices: review

(1) A person who is given a content removal notice (a “recipient”) may, before the end of the initial 48-hour period, request a review of the decision to give the notice.

(2) A request under subsection (1) is to be made by the recipient giving—

(a) a notice (a “review notice”) to the authorised officer, and

(b) a copy of the review notice to the other recipient (if applicable).

(3) The grounds on which a recipient may request a review include, in particular, that—

(a) content to which the notice relates is not unlawful weapons content;

(b) content to which the notice relates is insufficiently identified for the recipient to be able to take the action required by the notice;

(c) the provider that received the notice is not, in fact, the provider of the relevant user-to-user service or relevant search service to which the notice relates;

(d) the individual who received the notice as the service provider’s content manager is not, in fact, that provider’s content manager;

(e) the notice was otherwise not given in accordance with this Chapter.

(4) On receipt of a review notice, a review of the decision to give the content removal notice must be carried out—

(a) if the authorised officer is a member of a relevant police force, by another member of that force who is of a higher rank;

(b) if the authorised officer is a National Crime Agency officer, by another officer who holds a more senior position in the Agency.

The individual carrying out the review is referred to in this section as “ the reviewing officer ”.

(5) On completing the review or (in a case where two review notices are given) both reviews the reviewing officer must, in respect of each recipient, either—

(a) confirm in full the decision to give the content removal notice,

(b) confirm the decision to give the notice, but in relation to only some of the content to which it relates, or

(c) withdraw the notice.

(6) The reviewing officer must give each recipient a notice (a “decision notice”)—

(a) setting out the outcome of the review or reviews, and

(b) giving reasons.

Section 23Decision notices requiring removal of unlawful weapons content

(1) This section applies where the reviewing officer—

(a) has carried out a review or reviews under section 22 , and

(b) confirms the decision to give the content removal notice to the service provider, the provider’s content manager or both of them (in each case whether as mentioned in subsection (5) (a) or (b) of that section).

(2) If the reviewing officer confirms in full the decision to give the content removal notice, the decision notice must require its recipient to secure that—

(a) the content to which the content removal notice relates is removed, and

(b) confirmation of that fact is given to the authorised officer.

(3) If the officer confirms the decision to give the content removal notice but in relation to only some of the content to which it relates, the decision notice must—

(a) identify the content to which the confirmation relates (the “confirmed content”), and

(b) require its recipient to secure that—

(i) the confirmed content is removed, and

(ii) confirmation of that fact is given to the authorised officer.

(4) A decision notice within subsection (2) or (3) must specify the period before the end of which the notice must be complied with, and that period must be whichever of the following is the longest—

(a) the period of 24 hours beginning with the time the decision notice is given;

(b) the period—

(i) beginning with the time the review notice or, if there was more than one, the first review notice, was given under section 22 , and

(ii) ending with the end of the initial 48-hour period.

(5) In this section , “ reviewing officer ” has the same meaning as in section 22 .

Section 24Failure to comply with content removal notice or decision notice: civil penalties

(1) Subsection (2) applies where—

(a) a content removal notice has been given to a service provider, or to both a service provider and the provider’s content manager, in accordance with section 21 , and

(b) the initial 48-hour period has expired without the notice having been complied with or a review notice having been given.

(2) A senior authorised officer of the issuing force may give a penalty notice—

(a) to the service provider, or

(b) if the provider’s content manager also received the content removal notice, to the content manager or to both of them.

(3) Subsection (4) applies where, following a review or reviews under section 22 —

(a) a decision notice has been given to the service provider or to both the provider and the provider’s content manager in accordance with section 23 (2) or (3) confirming the decision to give the content removal notice, and

(b) the period specified in the decision notice under subsection (4) of that section has expired without that notice having been complied with.

(4) A senior authorised officer of the issuing force may give a penalty notice—

(a) to the service provider, or

(b) if the provider’s content manager also received the decision notice, to the content manager or to both of them.

(5) In this section a “ penalty notice ” means a notice requiring its recipient to pay a penalty—

(a) where the recipient is a service provider, of an amount not exceeding £60,000;

(b) where the recipient is a service provider’s content manager, of an amount not exceeding £10,000.

(6) In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for a sum for the time being specified in subsection (5) .

(7) See Schedule 4 for further provision in connection with penalty notices given under this section.

Section 25Guidance

(1) The Secretary of State may issue guidance to the persons mentioned in subsection (2) about the exercise of their functions under this Chapter.

(2) The persons are—

(a) the chief officer, and any other member, of a relevant police force;

(b) the Director General of the National Crime Agency and any other officer of the Agency.

(3) A draft of any guidance proposed to be issued under this section must be laid before each House of Parliament.

(4) The Secretary of State must not issue guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day.

(5) If, within that period, either House of Parliament resolves that the guidance should not be issued, the Secretary of State must not issue it.

(6) In calculating any period of 40 days for the purposes of subsection (4) , no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(7) The Secretary of State must publish any guidance issued under this section.

(8) A person mentioned in subsection (2) must have regard to any guidance issued under this section when exercising a function under this Chapter.

(9) The Secretary of State may revise any guidance issued under this section.

(10) Subject to subsection (11) , subsections (3) to (8) have effect in relation to any revised guidance.

(11) Subsections (3) to (6) do not apply to revised guidance if the Secretary of State considers that the revisions are not substantial.

Section 26Notices

(1) This section applies in relation to any notice that must or may be given to a person under this Chapter.

(2) A notice may be given to a person by—

(a) delivering it by hand to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) sending it by email to the person’s email address.

(3) A notice to a body corporate may be given to any officer of that body.

(4) A notice to a partnership may be given to any partner or to a person who has the control or management of the partnership business.

(5) A notice sent by first class post to an address in the United Kingdom, is treated as given at noon on the second working day after the day of posting, unless the contrary is proved.

(6) A notice sent by email is treated as given at the time it is sent unless the contrary is proved.

(7) In this section —

“ director ” includes any person occupying the position of a director, by whatever name called;

“ email address ”, in relation to a person, means—

an email address provided by that person for the purposes of this Chapter, or

any email address published for the time being by that person as an address for contacting that person;

“ officer ”, in relation to an entity, includes a director, a manager, a partner, the secretary or, where the affairs of the entity are managed by its members, a member;

“ proper address ” means—

in the case of an entity, the address of the entity’s registered office or principal office;

in any other case, the person’s last known address;

“ working day ” means any day other than—

a Saturday or Sunday, or

a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.

(8) In the case of an entity registered or carrying on business outside the United Kingdom, or with offices outside the United Kingdom, the reference in subsection (7) , in the definition of “proper address”, to the entity’s principal office includes—

(a) its principal office in the United Kingdom, or

(b) if the entity has no office in the United Kingdom, any place in the United Kingdom at which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of any director or other officer of that entity.

Section 27Interpretation of Chapter

(1) In this Chapter—

“ appointment notice ” has the meaning given by section 15 (1) ;

“ authorised officer ” in relation to a content removal notice, means the member of a relevant police force, or officer of the National Crime Agency, who gave the notice;

“ chief officer ”—

in relation to a police force in England and Wales, means the chief officer of police of the force;

in relation to any other relevant police force, means the chief constable of that force;

“ contact details ”, in relation to an individual, means the individual’s—

full name;

telephone number;

email address;

residential address, or other service address, in the United Kingdom;

“ content ” has the same meaning as in the Online Safety Act 2023 (see section 236(1) of that Act);

“ content manager ”, in relation to a service provider, means the individual for the time being appointed as the content manager of the provider (whether in accordance with an appointment notice or under section 16 or 17 );

“ content removal notice ” has the meaning given by section 21 (4) ;

“ coordinating officer ” means the individual designated as such under section 14 (1) ;

“ decision notice ” means a notice given under section 22 (6) ;

“ encounter ”, in relation to content, has the same meaning as in the Online Safety Act 2023 (see section 236(1) of that Act);

“ entity ” has the same meaning as in that Act (see section 236(1) of that Act);

“ initial 48-hour period ”, in relation to a content removal notice, means the 48-hour period specified in the notice as mentioned in section 21 (5) (c) ;

“ issuing force ”—

in relation to a content removal notice given by a member of a relevant police force, means that force;

in relation to a content removal notice given by a National Crime Agency officer, means the National Crime Agency;

“ relevant police force ”—

in relation to England and Wales, means—

a police force in England and Wales, or

the Ministry of Defence Police;

in relation to Scotland, means—

the Police Service of Scotland, or

the Ministry of Defence Police;

in relation to Northern Ireland, means—

the Police Service of Northern Ireland, or

the Ministry of Defence Police;

“ relevant search service ” and “ relevant user-to-user service ” have the meanings given by section 13 ;

“ required information ” has the meaning given by section 15 (3) ;

“ review notice ” has the meaning given by section 22 (2) (a) ;

“ search content ” and “search results” have the meanings given by section 57 of the Online Safety Act 2023;

“ senior authorised officer ”, in relation to a relevant police force, means—

the chief officer of the relevant police force, or

a member of the relevant police force of at least the rank of inspector authorised for the purposes of this Chapter by the chief officer;

“ senior authorised officer ”, in relation to the National Crime Agency, means—

the Director General of the National Crime Agency, or

an officer of the Agency who—

holds a position in the Agency the seniority of which is at least equivalent to that of the rank of inspector in a relevant police force, and

is authorised for the purposes of this Chapter by the Director General;

“ service address ” has the same meaning as in the Companies Acts (see section 1141 of the Companies Act 2006);

“ service provider ” has the meaning given by section 13 .

(2) For the purposes of this Chapter, a reference to “removing” content—

(a) in relation to content present on a relevant user-to-user service, is a reference to any action that results in the content being removed from the service, or being permanently hidden, so users of the service in any part of the United Kingdom in which the content is unlawful weapons content cannot encounter it;

(b) in relation to content which may be encountered in or via search results of a relevant search service, is a reference to taking measures designed to secure, so far as possible, that the content is no longer included in the search content of the service that is available in any part of the United Kingdom in which the content is unlawful weapons content,

and related expressions are to be read accordingly.

(3) The following provisions of the Online Safety Act 2023 apply for the purposes of this Chapter as they apply for the purposes of that Act—

(a) section 226 (determining who is the provider of a particular user-to-user service or search service);

(b) section 236(5) and (6) (references to content being present).

Section 28Possession of weapon with intent to use unlawful violence etc

(1) In Part 11 of the Criminal Justice Act 1988, after section 139AA insert—

Offence of possessing article with blade or point or offensive weapon with intent to use unlawful violence etc

(139AB)

(1) It is an offence for a person to have in their possession a relevant weapon with intent by means thereof—

(a) to use unlawful violence against another person,

(b) to cause another person to believe that unlawful violence will be used against them or anyone else,

(c) to cause serious unlawful damage to property, or

(d) to enable another person to do anything mentioned in a preceding paragraph.

(2) In this section “ relevant weapon ” means—

(a) an article to which section 139 applies, or

(b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

(4) For provision about the sentence for an offence under this section, see section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance).

(2) In section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance)—

(a) in subsection (1)(a) after sub-paragraph (iii) (but before the “or” at the end of that sub-paragraph) insert—

(iiia) section 139AB of that Act (possessing article with blade or point or offensive weapon with intent to use unlawful violence etc),

(b) in subsection (5)(b) for “or 139AA” substitute “, 139AA or 139AB ” .

(3) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 23 (offences under the Criminal Justice Act 1988) substitute—

(23) An offence under any of the following provisions of the Criminal Justice Act 1988—

section 134 (torture)

section 139AB (possessing article with blade or point or offensive weapon with intent to use unlawful violence etc)

Section 29Maximum penalty for offences relating to offensive weapons

(1) In section 141 of the Criminal Justice Act 1988 (offensive weapons)—

(a) in subsection (1) for the words from “and liable” to the end substitute

and liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both);

(e) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both);

(f) on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 4 years or a fine (or both).

(b) in subsection (1A)—

(i) for “51 weeks” substitute “the general limit in a magistrates’ court” ;

(ii) in paragraph (b) for “6 months, to a fine not exceeding level 5 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum” ;

(iii) after paragraph (c) insert—

(ca) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both);

(cb) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both);

(c) omit subsection (1B).

(2) In section 141A(1) of that Act (sale of knives etc to children), for the words from “and liable” to the end substitute

and liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both);

(d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both).

(3) In section 1 of the Restriction of Offensive Weapons Act 1959—

(a) in subsection (1) omit the words from “and shall be liable” to the end;

(b) after subsection (1) insert—

(1ZA) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both);

(d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both).

(c) in subsection (1B)—

(i) in paragraph (a) for “51 weeks” substitute “the general limit in a magistrates’ court” ;

(ii) in paragraph (b) for “6 months, to a fine not exceeding level 4 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum” ;

(iii) after paragraph (b) insert—

(c) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both);

(d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both).

(d) omit subsection (1C).

(4) The amendments made by this section do not apply in relation to an offence committed before this section comes into force.

Section 30Power to seize bladed articles etc

(1) A constable who—

(a) is lawfully on any premises,

(b) finds, on the premises, an article which has a blade or is sharply pointed (a “relevant article”), and

(c) has reasonable grounds for suspecting that the relevant article would be likely to be used in connection with unlawful violence (if it were not seized),

may seize the relevant article.

(2) The following provisions apply where a relevant article is seized under this section.

(3) The constable who seized the relevant article—

(a) must give a record of what was seized to a person who is on the premises, or

(b) if there is no person on the premises, must leave a record of what was seized in a prominent place on the premises.

(4) The record must—

(a) describe the relevant article,

(b) state that it has been seized under this section,

(c) specify the date of seizure,

(d) give the reason why the relevant article was seized, and

(e) specify the name and reference number of the constable who seized the relevant article.

(5) Following seizure of the relevant article, a constable may—

(a) retain it, or

(b) destroy it or otherwise dispose of it.

This is subject to subsections (6) and (8) .

(6) A person claiming to be the owner of the relevant article may apply to a magistrates’ court for an order for the delivery of the relevant article to the person.

(7) The court may make an order under subsection (6) if it appears to the court that—

(a) the person making the application is the owner of the relevant article, and

(b) it would be just to make the order.

(8) The relevant article may not be destroyed or disposed of—

(a) in the period of 6 months beginning with the day on which it is seized, or

(b) if an application under subsection (6) is made in that period, until the application (including any appeal) has been finally determined or otherwise disposed of (and then, only if the court does not make an order under that subsection).

(9) In this section “ unlawful violence ” includes—

(a) unlawful damage to property, and

(b) a threat of unlawful violence (including of unlawful damage to property).

Section 31Power to seize bladed articles etc: armed forces

In the Armed Forces Act 2006, after section 93 insert—

Power to seize bladed articles etc

(93ZA)

(1) This section applies where—

(a) a service policeman is lawfully on any premises which are searchable by virtue of this Part, or

(b) a person subject to service law who is not a service policeman is lawfully on any premises in the exercise of a power of search conferred by virtue of this Part.

(2) If the service policeman or person subject to service law—

(a) finds, on the premises, an article which has a blade or is sharply pointed (a “relevant article”), and

(b) has reasonable grounds for suspecting that the relevant article would be likely to be used in connection with unlawful violence (if it were not seized),

they may seize the relevant article.

(3) The following provisions apply where a relevant article is seized under this section.

(4) The service policeman or person subject to service law who seized the relevant article—

(a) must give a record of what was seized to a person who is on the premises, or

(b) if there is no person on the premises, must leave a record of what was seized in a prominent place on the premises.

(5) The record must—

(a) describe the relevant article,

(b) state that it has been seized under this section,

(c) specify the date of seizure,

(d) give the reason why the relevant article was seized, and

(e) specify the name, rank or rate, and the unit, of the service policeman or person subject to service law who seized the relevant article.

(6) Following seizure of the relevant article, the service policeman or person subject to service law may—

(a) retain it, or

(b) destroy it or otherwise dispose of it.

This is subject to subsections (7) and (12) .

(7) A person (“ P ”) claiming to be the owner of the relevant article may apply to the commanding officer of the relevant person for a determination that the relevant article should be delivered to P.

(8) The “relevant person” is the person by virtue of whose occupation of or other connection with the premises, the premises are within subsection (1) .

(9) The commanding officer may make a determination under subsection (7) if it appears to them that—

(a) P is the owner of the relevant article, and

(b) it would be just to make the determination.

(10) If the commanding officer does not make a determination under subsection (7) , P may appeal to a judge advocate.

(11) The Secretary of State may by regulations make provision—

(a) with respect to the practice and procedure which is to apply in connection with applications for a determination under subsection (7) and appeals under subsection (10) ;

(b) conferring functions on judge advocates in relation to appeals under subsection (10) .

(12) The relevant article may not be destroyed or disposed of—

(a) in the period of 6 months beginning with the day on which it is seized, or

(b) if an application under subsection (7) is made in that period, until the application (including any appeal) has been finally determined or otherwise disposed of (and then, only if no determination is made that the relevant article should be delivered to P).

(13) In this section “ unlawful violence ” includes—

(a) unlawful damage to property, and

(b) a threat of unlawful violence (including of unlawful damage to property).

Section 32Remote sales of knives etc: England and Wales

(1) Section 141B of the Criminal Justice Act 1988 (remote sales of knives) is amended as follows.

(2) For subsection (4) substitute—

(4) Condition A is that, before the sale—

(a) the seller either—

(i) obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or

(ii) took such steps to verify the buyer’s age as may be prescribed in regulations made by the Secretary of State, and

(b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over.

(4A) For the purposes of subsection (4) an “ identity document ” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) );

(d) any other document specified in regulations made by the Secretary of State.

(3) In subsection (5)(b), for “a person aged 18 or over” substitute “the buyer” .

(4) In subsection (6), for “a person aged 18 or over” substitute “the buyer” .

(5) In subsection (8), omit “or a person acting on behalf of the buyer” in both places it occurs.

(6) After subsection (9) insert—

(10) Regulations made by the Secretary of State under this section are to be made by statutory instrument.

(11) A statutory instrument containing (whether alone or with other provision) regulations under subsection (4) (a) (ii) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 33Remote sale or letting of knives etc: Scotland

(1) Section 141C of the Criminal Justice Act 1988 (remote sales and lettings of knives) is amended as follows.

(2) For subsection (5) substitute—

(5) Condition A is that, before the sale or letting on hire—

(a) the accused either—

(i) obtained from the recipient a copy of an identity document issued to the recipient in a physical form and a photograph of the recipient, or

(ii) took such steps to verify the recipient’s age as may be prescribed in regulations made by the Scottish Ministers, and

(b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the recipient was aged 18 or over.

(5A) For the purposes of subsection (5) an “ identity document ” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971 );

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c) a licence to drive a motor vehicle—

(i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) ), or

(ii) issued in the form of a photocard by a member State;

(d) any other document specified in regulations made by the Scottish Ministers.

(3) In subsection (6) (b) for “a person aged 18 or over” substitute “the recipient” .

(4) In subsection (7) for “a person aged 18 or over” substitute “the recipient” .

(5) In subsection (9) omit “or a person acting on behalf of the recipient” in both places it occurs.

(6) After subsection (10) insert—

(11) Regulations made by the Scottish Ministers under subsection (5) (a) (ii) are subject to the affirmative procedure.

(12) Regulations made by the Scottish Ministers under subsection (5A) (d) are subject to the negative procedure.

(13) For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) .

(7) In section 141A(4B) of the Criminal Justice Act 1988 (sale of knives to persons under 18: Scotland) for paragraphs (a) to (b) substitute—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971 );

(aa) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(b) a licence to drive a motor vehicle—

(i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) ), or

(ii) issued in the form of a photocard by a member State;

Section 34Remote sale of knives etc: Northern Ireland

(1) Article 54A of the Criminal Justice (Northern Ireland) Order 1996 ( S.I. 1996/3160 (N.I. 24) ) (remote sale of knives) is amended as follows.

(2) For paragraph (4) substitute—

(4) Condition A is that, before the sale—

(a) the seller either—

(i) obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or

(ii) took such steps to verify the buyer’s age as may be prescribed in an order made by the Department of Justice, and

(b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over.

(4A) For the purposes of paragraph (4) an “ identity document ” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971 );

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) ) or Part 3 of the Road Traffic Act 1988;

(d) any other document specified in an order made by the Department of Justice.

(3) In paragraph (5)(b), for “a person aged 18 or over” substitute “the buyer” .

(4) In paragraph (6), for “a person aged 18 or over” substitute “the buyer” .

(5) In paragraph (8), omit “or a person acting on behalf of the buyer”, in both places it occurs.

(6) In Article 57 of the Criminal Justice (Northern Ireland) Order 1996 ( S.I. 1996/3160 (N.I. 24) ) (rules and orders)—

(a) in paragraph (1) after “54(3)(c)” insert “, 54A (4A) (d) ” ;

(b) in paragraph (2) after “Article” insert “54A (4) (a) (ii) or” .

Section 35Delivery of knives etc

(1) The Offensive Weapons Act 2019 is amended as follows.

(2) In section 38 (delivery of bladed products to residential premises)—

(a) omit subsection (4) ;

(b) in subsection (8) —

(i) in paragraph (b) omit “Scotland or”;

(ii) after paragraph (b) insert—

(c) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 6 months, to a fine or to both.

(3) In section 39 (delivery of bladed products to persons under 18)—

(a) in subsection (1) , for paragraphs (c) to (e) substitute—

(c) before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—

(i) to deliver bladed products for the seller, or

(ii) to arrange the delivery of bladed products for the seller,

(d) the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed products, and

(e) pursuant to that arrangement, the bladed product is finally delivered to residential premises by the contractor or a person acting on the contractor’s behalf.

(b) omit subsections (2) and (3) ;

(c) for subsection (6) substitute—

(6) The contractor commits an offence if, when the bladed product is finally delivered to residential premises by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who—

(a) is aged 18 or over, and

(b) if the buyer is an individual, is the buyer.

(6A) A person acting on the contractor’s behalf commits an offence if—

(a) the bladed product is finally delivered to residential premises by that person or another person acting on the contractor’s behalf, and

(b) it is not delivered into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the buyer is an individual, is the buyer.

(6B) For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with—

(a) the contractor, or

(b) a person who acts on the contractor’s behalf.

(6C) A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to finally deliver, or to arrange the final delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products).

(d) in subsection (7) —

(i) for “subsection (6)” substitute “this section” ;

(ii) in paragraph (b) omit “Scotland or”;

(iii) after paragraph (b) insert—

(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d) on conviction on indictment in Scotland, to a fine.

(4) For section 40 substitute—

Defences to offence under section 38 or 39

(40)

(1) It is a defence for a person charged with an offence under section 38(2) of delivering a bladed product to residential premises to show that the delivery conditions were met.

(2) It is a defence for a person (“the seller”) charged with an offence under section 38(2) of arranging for the delivery of a bladed product to residential premises to show that—

(a) the arrangement required the person with whom it was made not to finally deliver the bladed product unless the delivery conditions were met, and

(b) the seller took all reasonable precautions and exercised all due diligence to ensure that the product would not be finally delivered unless the delivery conditions were met.

(3) It is a defence for a person charged with an offence under section 38(3) to show that they took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(4) It is a defence for a person charged with an offence under section 39 (6) or (6A) to show that the delivery conditions were met.

(5) It is a defence for a person charged with an offence under section 39 (6) or (6A) who did not finally deliver the bladed product to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6) It is a defence for a person charged with an offence under section 39 (6A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed product.

(7) The delivery conditions are that—

(a) the person finally delivering the bladed product—

(i) was shown by the person (“ P ”) into whose hands it was finally delivered an identity document issued to P in a physical form, or

(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and

(b) on the basis of that document or those steps a reasonable person would have been satisfied—

(i) that P was over 18, and

(ii) if the buyer was an individual, that P was the buyer.

(8) In subsection (7) “ identity document ” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971 );

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c) a relevant driving licence;

(d) any other document specified in regulations made by the appropriate national authority.

(9) In subsection (8) (c) “ relevant driving licence ” means—

(a) in relation to England and Wales and Northern Ireland, a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) );

(b) in relation to Scotland, a licence to drive a motor vehicle—

(i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) ), or

(ii) issued in the form of a photocard by a member State.

(5) After section 40 insert—

Offence of UK seller delivering etc bladed product to collection point

(40A)

(1) This section applies if—

(a) a person (“the seller”) sells a bladed product to another person (“the buyer”), and

(b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time.

(2) The seller commits an offence if, for the purposes of supplying the bladed product to the buyer, the seller—

(a) delivers the bladed product to a collection point, or

(b) arranges for the bladed product to be delivered to a collection point.

(3) It is a defence for a person charged with an offence under subsection (2) (a) to show that—

(a) when the package containing the bladed product was delivered to the collection point, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the buyer is an individual, is the buyer, and

(b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(4) It is a defence for a person charged with an offence under subsection (2) (b) to show that—

(a) when the package containing the bladed product was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the buyer is an individual, is the buyer, and

(b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale;

(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d) on conviction on indictment in Scotland, to a fine.

(6) “ Collection point ” means a place—

(a) from which the bladed product may be collected by the buyer or a person acting on behalf of the buyer, and

(b) where on collection the bladed product is given by an individual to the buyer or a person acting on behalf of the buyer.

Offence of contractor delivering bladed product sold by UK seller to collection point

(40B)

(1) This section applies if—

(a) a person (“the seller”) sells a bladed product to another person (“the buyer”),

(b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time,

(c) before the sale the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—

(i) to deliver bladed products for the seller, or

(ii) to arrange the delivery of bladed products for the seller, and

(d) the contractor was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, bladed products.

(2) The contractor commits an offence if, pursuant to the arrangement, they deliver, or a person acting on their behalf delivers, a bladed product to a collection point.

(3) A person who acts on the contractor’s behalf commits an offence if they deliver, or another person acting on the contractor’s behalf delivers, the bladed product to a collection point.

(4) For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with—

(a) the contractor, or

(b) a person who acts on the contractor’s behalf.

(5) A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to deliver, or to arrange the delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products).

(6) It is a defence for a person charged with an offence under this section to show that—

(a) when they delivered the package containing the bladed product to the collection point or to a person acting on the contractor’s behalf, the package was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the buyer is an individual, is the buyer, and

(b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(7) It is a defence for a person charged with an offence under this section to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product.

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale;

(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d) on conviction on indictment in Scotland, to a fine.

(9) “ Collection point ” has the meaning given in section 40A .

Handing over bladed products sold by UK seller at collection point

(40C)

(1) This section applies if—

(a) a person (“the seller”) sells a bladed product to another person (“the buyer”),

(b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time,

(c) the bladed product is delivered to a collection point, and

(d) condition A or condition B is satisfied.

(2) Condition A is that—

(a) the delivery is pursuant to an arrangement entered into before the delivery by—

(i) the person operating the collection point (“ the operator ”), and

(ii) the seller or the person delivering the bladed product to the collection point, and

(b) the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of bladed products.

(3) Condition B is that the seller is the operator.

(4) The operator commits an offence if the operator (or a person acting on behalf of the operator)—

(a) gives the bladed product to a person collecting it, but

(b) does not give it into the hands of an eligible person.

(5) A person acting on behalf of the operator commits an offence if they—

(a) give the bladed product to a person collecting it, but

(b) do not give it into the hands of an eligible person.

(6) “ Eligible person ” means a person who—

(a) is aged 18 or over, and

(b) if the buyer is an individual, is the buyer.

(7) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the collection conditions were met.

(8) The collection conditions are that—

(a) the individual giving the bladed product to the person (“ P ”) collecting it—

(i) was shown by P an identity document issued to P in a physical form, or

(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and

(b) on the basis of that document or those steps a reasonable person would have been satisfied—

(i) that P was over 18, and

(ii) if the buyer was an individual, that P was the buyer.

(9) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product.

(10) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale;

(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d) on conviction on indictment in Scotland, to a fine.

(11) In this section—

“ collection point ” has the meaning given in section 40A ;

“ identity document ” has the meaning given in section 40.

Further defences to offences under sections 38 to 40C

(40D) The appropriate national authority may by regulations provide for other defences for a person charged with an offence under any of sections 38 to 40C .

(6) In section 41 (meaning of “ bladed product ” in sections 38 to 40)—

(a) in the heading, for “40” substitute “ 40C ” ;

(b) in subsection (1) for “40” substitute “ 40C ” ;

(c) in subsection (2) for “40” substitute “ 40C ” ;

(d) in subsection (3), for “40” substitute “ 40C ” ;

(e) in subsection (4) for “40” substitute “ 40C ” .

(7) In section 42 (delivery of knives etc pursuant to arrangement with seller outside UK)—

(a) in subsection (1) for paragraphs (c) to (e) substitute—

(c) before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—

(i) to deliver bladed articles for the seller, or

(ii) to arrange the delivery of bladed articles for the seller,

(d) the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed articles, and

(e) pursuant to that arrangement, the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf.

(b) omit subsections (2) and (3);

(c) for subsections (4) to (9) substitute—

(4) The contractor commits an offence if, when the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who—

(a) is aged 18 or over, and

(b) if the buyer is an individual, is the buyer.

(4A) A person acting on the contractor’s behalf commits an offence if—

(a) the bladed article is finally delivered by that person or another person acting on the contractor’s behalf, and

(b) it is not delivered into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the buyer is an individual, is the buyer.

(4B) It is a defence for a person charged with an offence under subsection (4) or (4A) to show that the delivery conditions were met.

(4C) It is a defence for a person charged with an offence under subsection (4) or (4A) who did not finally deliver the bladed article to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(4D) It is a defence for a person charged with an offence under subsection (4A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed article.

(4E) For the purposes of this section a person acts on the contractor’s behalf if the person acts in relation to the bladed article pursuant to a relevant arrangement with—

(a) the contractor, or

(b) a person who acts on the contractor’s behalf.

(4F) A “relevant arrangement” is an arrangement entered into before the sale of the bladed article by which the person agreed to finally deliver, or to arrange the final delivery of, bladed articles (whether or not the person was aware that the arrangement covered bladed articles).

(4G) In this section the “ delivery conditions ” has the meaning given by section 40 (7) .

(d) in subsection (10)—

(i) for “subsection (4)” substitute “this section” ;

(ii) in paragraph (b) omit “Scotland or”;

(iii) after paragraph (b) insert—

(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d) on conviction on indictment in Scotland, to a fine.

(8) After section 42 insert—

Interpretation of sections 38 to 42

(42A)

(1) This section applies for the interpretation of sections 38 to 42.

(2) A person (“ A ”) is not in the presence of another person (“ B ”) at any time if—

(a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(3) A person other than an individual—

(a) is within the United Kingdom at any time, if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time;

(b) is outside the United Kingdom at any time, if the person does not carry on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.

(4) The “appropriate national authority” is—

(a) in relation to England and Wales, the Secretary of State;

(b) in relation to Scotland, the Scottish Ministers;

(c) in relation to Northern Ireland, the Department of Justice in Northern Ireland.

(5) A person charged with an offence is to be taken to have shown a matter if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(9) In section 68 (regulations and orders)—

(a) in subsection (2) after “State” insert, “, except for regulations under section 40 (8) (d) ,” ;

(b) after subsection (2) insert—

(2A) A statutory instrument containing regulations under section 40 (8) (d) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(c) in subsection (3)—

(i) omit “, 40(10)(c)”;

(ii) after “is” insert “, and regulations made by the Scottish Ministers under section 40 (8) (d) are,” ;

(d) in subsection (4) for “40(13)” substitute “40 (7) (a)(ii), 40C (8) (a) (ii) , 40D ” ;

(e) in subsection (6) after “Act” insert “, except for regulations under section 40 (8) (d) ,” ;

(f) after subsection (6) insert—

(6A) Regulations made by the Department of Justice under section 40 (8) (d) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Section 36Remote sale and letting of crossbows

(1) The Crossbows Act 1987 is amended as follows.

(2) In section 1 omit “unless he believes him to be eighteen years or older and has reasonable ground for the belief”.

(3) After section 1 insert—

Defence to offence under section 1: England and Wales

(1ZA) Except where section 1B applies, it is a defence for a person charged in England and Wales with an offence under section 1 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) In section 1A (defences: Scotland)—

(a) in subsection (1) —

(i) for “It” substitute “Except where section 1B applies, it” ;

(ii) after “charged” insert “in Scotland” ;

(b) in subsection (3) for paragraphs (a) to (b) substitute—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971 ),

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation,

(c) a licence to drive a motor vehicle—

(i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) ), or

(ii) issued in the form of a photocard by a member State, or

(c) for the heading substitute “Defence to offence under section 1: Scotland” .

(5) After section 1A insert—

Defence to offence under section 1: remote sales etc

(1B)

(1) This section applies if—

(a) a person (“ A ”) is charged with an offence under section 1, and

(b) A was not in the presence of the person (“ B ”) to whom the crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire.

(2) It is a defence for A to show that the following conditions are met.

(3) Condition 1 is that, before the sale or letting on hire—

(a) A either—

(i) obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or

(ii) took such steps to verify B’s age as may be prescribed in regulations made by the relevant national authority, and

(b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that B was aged 18 or over.

(4) For the purposes of subsection (3) an “ identity document ” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971 );

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c) a relevant driving licence;

(d) any other document specified in regulations made by the relevant national authority.

(5) In subsection (4) (c) a “ relevant driving licence ” means—

(a) in relation to England and Wales, a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) );

(b) in relation to Scotland, a licence to drive a motor vehicle—

(i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) ), or

(ii) issued in the form of a photocard by a member State.

(6) Condition 2 is that when the package containing the crossbow or part of a crossbow was dispatched by A, it was clearly marked to indicate—

(a) that it contained a crossbow or part of a crossbow, and

(b) that, when finally delivered, it should only be delivered into the hands of B.

(7) Condition 3 is that A took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B.

(8) Condition 4 is that A did not deliver the package, or arrange for its delivery, to a locker.

(9) Where the crossbow or part of a crossbow was dispatched by A to a place from which it was to be collected by B, references in subsections (6) and (7) to its final delivery are to be read as its supply to B from that place.

(10) In subsection (8) “ locker ” means a lockable container to which the package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.

Section 37Delivery of crossbows

In the Crossbows Act 1987 , after section 1B (inserted by section 36 ) insert—

Offence of seller etc delivering crossbows or parts of crossbows to residential premises

(1C)

(1) This section applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”), and

(b) A and B are not in each other’s presence at the time of the sale.

(2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a) delivers the crossbow or part of a crossbow to residential premises, or

(b) arranges for its delivery to residential premises.

(3) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a) delivers the crossbow or part of a crossbow to a locker, or

(b) arranges for its delivery to a locker.

(4) In subsection (3) “ locker ” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(c) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 6 months or a fine (or both).

(6) The “ maximum term for summary offences ”, in relation to an offence, means—

(a) if the offence is committed before the time when section 281 (5) of the Criminal Justice Act 2003 comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

Defences to offences under section 1C

(1D)

(1) It is a defence for a person charged with an offence under section 1C (2) (a) to show that the delivery conditions were met.

(2) It is a defence for a person charged with an offence under section 1C (2) (b) to show that—

(a) the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and

(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met.

(3) It is a defence for a person charged with an offence under section 1C (3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) For the purposes of this section the delivery conditions are that—

(a) the person finally delivering the crossbow or part of a crossbow—

(i) was shown by the person (“ P ”) into whose hands it was finally delivered an identity document issued to P in a physical form, or

(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the relevant national authority, and

(b) on the basis of that document or those steps a reasonable person would have been satisfied—

(i) that P was aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(5) “ Identity document ” has the same meaning as in section 1B (4) .

(6) The relevant national authority may by regulations provide for other defences for a person charged with an offence under section 1C .

Offence of contractor delivering crossbows or parts of crossbows to residential premises on behalf of UK seller

(1E)

(1) This section applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“ C ”) by which C agreed—

(i) to deliver crossbows or parts of crossbows for A, or

(ii) to arrange the delivery of crossbows or parts of crossbows for A,

(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e) pursuant to the arrangement, C or a person acting on C’s behalf finally delivers the crossbow or part of a crossbow to residential premises.

(2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(3) A person acting on C’s behalf commits an offence if—

(a) the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C’s behalf, and

(b) it is not delivered into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(4) It is a defence for a person charged with an offence under subsection (2) or (3) to show that the delivery conditions (within the meaning of section 1D (4) ) were met.

(5) It is a defence for a person charged with an offence under subsection (2) or (3) who did not finally deliver the crossbow or part of a crossbow to residential premises to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6) It is a defence for a person charged with an offence under subsection (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(7) For the purposes of this section a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a) C, or

(b) a person who acts on C’s behalf.

(8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

(9) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

(10) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment in Scotland, to a fine.

Offence of UK seller etc delivering crossbows or parts of crossbows to collection point

(1F)

(1) This section applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”), and

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time.

(2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a) delivers the crossbow or part of a crossbow to a collection point, or

(b) arranges for the crossbow or part of a crossbow to be delivered to a collection point.

(3) It is a defence for a person charged with an offence under subsection (2) (a) to show that—

(a) when the package containing the crossbow or part of a crossbow was delivered to the collection point, it was clearly marked to indicate that it contained a crossbow or a part of a crossbow and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(4) It is a defence for a person charged with an offence under subsection (2) (b) to show that—

(a) when the package containing the crossbow or part of a crossbow was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment in Scotland, to a fine.

(6) “ Collection point ” means a place—

(a) from which the crossbow or part of a crossbow may be collected by the person to whom the crossbow or part of a crossbow was sold or let on hire or a person acting on behalf of that person, and

(b) where on collection the crossbow or part of a crossbow is given by an individual to the person to whom the crossbow or part of a crossbow was sold or let on hire, or a person acting on behalf of that person.

(7) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

Offence of contractor delivering crossbows or parts of crossbows to collection point

(1G)

(1) This section applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“ C ”) by which C agreed—

(i) to deliver crossbows or parts of crossbows for A, or

(ii) to arrange the delivery of crossbows or parts of crossbows for A, and

(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows.

(2) C commits an offence if, pursuant to the arrangement, C or a person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(3) A person acting on C’s behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(4) For the purposes of this section, a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a) C, or

(b) a person who acts on C’s behalf.

(5) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

(6) It is a defence for a person charged with an offence under this section to show that—

(a) when they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C’s behalf, the package was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(7) It is a defence for a person charged with an offence under this section to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment in Scotland, to a fine.

(9) “ Collection point ” has the meaning given in section 1F .

(10) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

Handing over crossbows or parts of crossbows at collection point

(1H)

(1) This section applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c) the crossbow or part of a crossbow is delivered to a collection point, and

(d) condition A or condition B is satisfied.

(2) Condition A is that—

(a) the delivery is pursuant to an arrangement entered into before the delivery by—

(i) the person operating the collection point (“ the operator ”), and

(ii) A or the person delivering the crossbow or part of a crossbow to the collection point, and

(b) the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of crossbows or parts of crossbows.

(3) Condition B is that A is the operator.

(4) The operator commits an offence if the operator (or a person acting on behalf of the operator)—

(a) gives the crossbow or part of a crossbow to a person collecting it, but

(b) does not give it into the hands of an eligible person.

(5) A person acting on behalf of the operator commits an offence if they—

(a) give the crossbow or part of a crossbow to a person collecting it, but

(b) do not give it into the hands of an eligible person.

(6) “ Eligible person ” means a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(7) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the collection conditions were met.

(8) The collection conditions are that—

(a) the individual giving the crossbow or part of a crossbow to the person (“ P ”) collecting it—

(i) was shown by P an identity document issued to P in a physical form, or

(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the relevant national authority, and

(b) on the basis of that document or those steps a reasonable person would have been satisfied—

(i) that P was aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(9) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(10) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment in Scotland, to a fine.

(11) In this section—

“ collection point ” has the meaning given in section 1F ;

“ identity document ” has the meaning given in section 1B (4) .

(12) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

Offence of contractor delivering crossbows or parts of crossbows on behalf of non-UK seller

(1I)

(1) This section applies if—

(a) a person (“ A ”) sells or lets for hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“ C ”) by which C agreed—

(i) to deliver crossbows or parts of crossbows for A, or

(ii) to arrange the delivery of crossbows or parts of crossbows for A,

(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e) pursuant to the arrangement, C or a person acting on C’s behalf finally delivers the crossbow or part of a crossbow.

(2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(3) A person acting on C’s behalf commits an offence if—

(a) the crossbow or part of a crossbow is finally delivered by that person or another person acting on C’s behalf, and

(b) it is not delivered into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment in Scotland, to a fine.

(5) It is a defence for a person charged with an offence under subsection (2) or (3) to show that the delivery conditions (within the meaning of section 1D (4) ) were met.

(6) It is a defence for a person charged with an offence under subsection (2) or (3) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(7) It is a defence for a person charged with an offence under subsection (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(8) For the purposes of this section a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a) C, or

(b) a person who acts on C’s behalf.

(9) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

Section 38Sale and delivery of crossbows: supplementary provision

(1) After section 1I of the Crossbows Act 1987 (inserted by section 37 ) insert—

Interpretation of sections 1B to 1I

(1J)

(1) This section applies for the interpretation of sections 1B to 1I .

(2) “ Relevant national authority ” means—

(a) in relation to England and Wales, the Secretary of State;

(b) in relation to Scotland, the Scottish Ministers.

(3) A person (“ A ”) is not in the presence of another person (“ B ”) at any time if—

(a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(4) A person other than an individual—

(a) is within the United Kingdom at any time, if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time;

(b) is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time.

(5) “ Residential premises ” means premises used solely for residential purposes.

(6) The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises.

(7) A person charged with an offence is taken to have shown a matter if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(2) After section 6 of the Crossbows Act 1987 insert—

Regulations

(6A)

(1) Regulations made by the Secretary of State under this Act are to be made by statutory instrument.

(2) The Secretary of State may not make a statutory instrument containing regulations under this Act, other than regulations under section 1B (4) (d) , unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3) A statutory instrument containing regulations made by the Secretary of State under section 1B (4) (d) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations made by the Scottish Ministers under this Act, other than regulations under section 1B (4) (d) , are subject to the affirmative procedure.

(5) Regulations made by the Scottish Ministers under section 1B (4) (d) are subject to the negative procedure.

(6) For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) .

(3) In section 66(1) of the Offensive Weapons Act 2019 (guidance by Secretary of State), after paragraph (ga) (inserted by section 42 ) insert—

(gb) any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of crossbows) as they have effect in relation to England and Wales,

(4) In section 66(2) of that Act (guidance by Scottish Ministers), after paragraph (a) insert—

(aa) any of sections 1 to 3 of the Crossbows Act 1987 as they have effect in relation to Scotland,

Section 39Remote sale and letting of crossbows: Northern Ireland

(1) The Crossbows (Northern Ireland) Order 1988 ( S.I. 1988/794 (N.I. 5) ) is amended as follows.

(2) In Article 3 omit “, unless he believes him to be eighteen years of age or older and has reasonable ground for the belief”.

(3) After Article 3 insert—

Defence to offence under Article 3

(3A) Except where Article 3B applies, it is a defence for a person charged with an offence under Article 3 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Defence to offence under Article 3: remote sales etc

(3B)

(1) This Article applies if—

(a) a person (“ A ”) is charged with an offence under Article 3, and

(b) A was not in the presence of the person (“ B ”) to whom the crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire.

(2) It is a defence for A to show that the following conditions are met.

(3) Condition 1 is that, before the sale or letting on hire—

(a) A either—

(i) obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or

(ii) took such steps to verify B’s age as may be prescribed in regulations made by the Department of Justice, and

(b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that B was aged 18 or over.

(4) For the purposes of paragraph (3) an “ identity document ” means—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 ( S.I. 1981/154 (N.I. 1) ) or Part 3 of the Road Traffic Act 1988;

(d) any other document specified in regulations made by the Department of Justice.

(5) Condition 2 is that when the package containing the crossbow or part of a crossbow was dispatched by A, it was clearly marked to indicate—

(a) that it contained a crossbow or part of a crossbow, and

(b) that, when finally delivered, it should only be delivered into the hands of B.

(6) Condition 3 is that A took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B.

(7) Condition 4 is that A did not deliver the package, or arrange for its delivery, to a locker.

(8) Where the crossbow or part of a crossbow was dispatched by A to a place from which it was to be collected by B, references in paragraphs (5) and (6) to its final delivery are to be read as its supply to B from that place.

(9) In paragraph (7) “ locker ” means a lockable container to which the package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.

Section 40Delivery of crossbows: Northern Ireland

In the Crossbows (Northern Ireland) Order 1988 ( S.I. 1988/794 (N.I. 5) ), after Article 3B (inserted by section 39 ) insert—

Offence of seller etc delivering crossbows or parts of crossbows to residential premises

(3C)

(1) This Article applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”), and

(b) A and B are not in each other’s presence at the time of the sale.

(2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a) delivers the crossbow or part of a crossbow to residential premises, or

(b) arranges for its delivery to residential premises.

(3) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a) delivers the crossbow or part of a crossbow to a locker, or

(b) arranges for its delivery to a locker.

(4) In paragraph (3) “ locker ” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on B’s behalf, in accordance with arrangements made between A and B.

Defences to offences under Article 3C

(3D)

(1) It is a defence for a person charged with an offence under Article 3C(2)(a) to show that the delivery conditions were met.

(2) It is a defence for a person charged with an offence under Article 3C(2)(b) to show that—

(a) the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and

(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met.

(3) It is a defence for a person charged with an offence under Article 3C(3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) For the purposes of this Article the delivery conditions are that—

(a) the person finally delivering the crossbow or part of a crossbow—

(i) was shown by the person (“ P ”) into whose hands it was finally delivered an identity document issued to P in a physical form, or

(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and

(b) on the basis of that document or those steps, a reasonable person would have been satisfied—

(i) that P was aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(5) “ Identity document ” has the same meaning as in Article 3B(4).

Offence of contractor delivering crossbows or parts of crossbows to residential premises on behalf of UK seller

(3E)

(1) This Article applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“ C ”) by which C agreed—

(i) to deliver crossbows or parts of crossbows for A, or

(ii) to arrange the delivery of crossbows or parts of crossbows for A,

(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e) pursuant to that arrangement, the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf.

(2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(3) A person acting on C’s behalf commits an offence if—

(a) the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C’s behalf, and

(b) it is not delivered into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(4) It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met.

(5) It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to residential premises to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6) It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(7) For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a) C, or

(b) a person who acts on C’s behalf.

(8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

Offence of UK seller delivering crossbows or parts of crossbows to collection point

(3F)

(1) This Article applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”), and

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time.

(2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a) delivers the crossbow or part of a crossbow to a collection point, or

(b) arranges for the crossbow or part of a crossbow to be delivered to a collection point.

(3) It is a defence for a person charged with an offence under paragraph (2)(a) to show that—

(a) when the package containing the crossbow or part of a crossbow was delivered to the collection point, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(4) It is a defence for a person charged with an offence under paragraph (2)(b) to show that—

(a) when the package containing the crossbow or part of a crossbow was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(5) “ Collection point ” means a place—

(a) from which the crossbow or part of a crossbow may be collected by the person to whom the crossbow or part of a crossbow was sold or let on hire or a person acting on that person’s behalf, and

(b) where on collection the crossbow or part of a crossbow is given by an individual to the person to whom the crossbow or part of a crossbow was sold or let on hire, or a person acting on that person’s behalf.

Offence of contractor delivering crossbows or parts of crossbows to collection point

(3G)

(1) This Article applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“ C ”) by which C agreed—

(i) to deliver crossbows or parts of crossbows for A, or

(ii) to arrange the delivery of crossbows or parts of crossbows for A, and

(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows.

(2) C commits an offence if, pursuant to the arrangement, C or a person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(3) A person acting on C’s behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(4) It is a defence for a person charged with an offence under this Article to show that—

(a) when they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C’s behalf, the package was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(5) It is a defence for a person charged with an offence under this Article to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(6) For the purposes of this Article, a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a) C, or

(b) a person who acts on C’s behalf.

(7) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

(8) “ Collection point ” has the meaning given in Article 3F.

Offence of handing over crossbows or parts of crossbows at collection point

(3H)

(1) This Article applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c) the crossbow or part of a crossbow is delivered to a collection point, and

(d) condition A or condition B is satisfied.

(2) Condition A is that—

(a) the delivery is pursuant to an arrangement entered into before the delivery by—

(i) the person operating the collection point (“ the operator ”), and

(ii) A or the person delivering the crossbow or part of a crossbow to the collection point, and

(b) the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of crossbows or parts of crossbows.

(3) Condition B is that A is the operator.

(4) The operator commits an offence if the operator (or a person acting on the operator’s behalf)—

(a) gives the crossbow or part of a crossbow to a person collecting it, but

(b) does not give it into the hands of an eligible person.

(5) A person acting on the operator’s behalf commits an offence if they—

(a) give the crossbow or part of a crossbow to a person collecting it, but

(b) do not give it into the hands of an eligible person.

(6) “ Eligible person ” means a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(7) It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the collection conditions were met.

(8) The collection conditions are that—

(a) the individual giving the crossbow or part of a crossbow to the person (“ P ”) collecting it—

(i) was shown by P an identity document issued to P in a physical form, or

(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and

(b) on the basis of that document or those steps, a reasonable person would have been satisfied—

(i) that P was aged 18 or over, and

(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(9) It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(10) In this Article—

“ collection point ” has the meaning given in Article 3F;

“ identity document ” has the meaning given in Article 3B(4).

Offence of contractor delivering crossbows or parts of crossbows on behalf of non-UK seller

(3I)

(1) This Article applies if—

(a) a person (“ A ”) sells or lets on hire a crossbow or part of a crossbow to another person (“ B ”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“ C ”) by which C agreed—

(i) to deliver crossbows or parts of crossbows for A, or

(ii) to arrange the delivery of crossbows or parts of crossbows for A,

(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e) the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf.

(2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(3) A person acting on C’s behalf commits an offence if—

(a) the crossbow or part of a crossbow is finally delivered by that person or another person acting on C’s behalf, and

(b) it is not delivered into the hands of a person who—

(i) is aged 18 or over, and

(ii) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(4) It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met.

(5) It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6) It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(7) For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a) C, or

(b) a person who acts on C’s behalf.

(8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

Section 41Sale and delivery of crossbows: Northern Ireland: supplementary provision

(1) After Article 3I of the Crossbows (Northern Ireland) Order 1988 ( S.I. 1988/794 (N.I. 5) ) (inserted by section 40 ) insert—

Interpretation of Articles 3A to 3I

(3J)

(1) This Article applies for the interpretation of Articles 3A to 3I.

(2) A person (“ A ”) is not in the presence of another person (“ B ”) at any time if—

(a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(3) A person other than an individual—

(a) is within the United Kingdom at any time if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time;

(b) is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time.

(4) “ Residential premises ” means premises used solely for residential purposes.

(5) The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises.

(6) A person charged with an offence is to be taken to have shown a matter if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

Power to create other defences by regulations

(3K) The Department of Justice may by regulations provide for other defences for a person charged with an offence under any of Articles 3C, 3E, 3F, 3G or 3H.

(2) In Article 8 of the Crossbows (Northern Ireland) Order 1988 ( S.I. 1988/794 (N.I. 5) ) (punishments)—

(a) in paragraph (1) for “this Order” substitute “Article 3, 4 or 5” ;

(b) after paragraph (1) insert—

(1A) A person guilty of an offence under Article 3C is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(1B) A person guilty of an offence under Article 3E, 3F, 3G, 3H or 3I is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) After Article 8 of the Crossbows (Northern Ireland) Order 1988 ( S.I. 1988/794 (N.I. 5) ) insert—

Regulations

(9)

(1) Regulations made by the Department of Justice under Article 3B(4)(d) are subject to negative resolution.

(2) Regulations under any other provision of this Order may not be made by the Department of Justice unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

(4) In section 66(3) of the Offensive Weapons Act 2019 (guidance on offences relating to offensive weapons etc), after paragraph (d) insert—

(da) any of Articles 3 to 3I of the Crossbows (Northern Ireland) Order 1988 ( S.I. 1988/794 (N.I. 5) ) (sale etc of crossbows),

Section 42Duty to report remote sales of knives etc in bulk: England and Wales and Scotland

(1) In the Criminal Justice Act 1988, after section 141C insert—

Duty to report remote sales of knives etc in bulk

(141D)

(1) A person (“the seller”) must, in accordance with requirements specified in regulations made by the Secretary of State by statutory instrument, report to the person specified in the regulations any reportable sales the seller makes of bladed articles.

(2) A reportable sale of bladed articles occurs where the seller, in any of the ways set out in subsection (4) , sells—

(a) six or more bladed articles, none of which form a qualifying set of bladed articles;

(b) two or more qualifying sets of bladed articles;

(c) one or more qualifying sets of bladed articles and five or more bladed articles that do not form a qualifying set.

(3) “ Qualifying set of bladed articles ” means three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others.

(4) The ways are—

(a) in a single remote sale where the bladed articles are to be delivered to an address in the United Kingdom, or

(b) in two or more remote sales in any period of 30 days—

(i) to one person, where the bladed articles are to be delivered to one or more addresses in the United Kingdom, or

(ii) to two or more persons, where the bladed articles are to be delivered to the same residential premises in the United Kingdom.

(5) A sale of bladed articles is “remote” if the seller is not in the presence of the person (“the buyer”) to whom the bladed articles are sold at the time of the sale.

(6) For the purposes of subsection (5) the seller is not in the presence of the buyer at the time of the sale if—

(a) where the seller is an individual, the seller or a person acting on the seller’s behalf is not in the presence of the buyer at that time;

(b) where the seller is not an individual, a person acting on the seller’s behalf is not in the presence of the buyer at that time.

(7) A sale is not reportable if the buyer—

(a) informs the seller that the buyer is carrying on a business, and

(b) is—

(i) registered for value added tax under the Value Added Tax Act 1994, or

(ii) registered as a company under the Companies Act 2006.

(8) A person who fails to comply with subsection (1) commits an offence.

(9) It is a defence for a person charged with an offence under subsection (8) to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(10) A person is to be taken to have shown a matter for the purposes of this section if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(11) A person who commits an offence under subsection (8) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment in Scotland, to a fine.

(12) In this section—

“ bladed article ” means an article to which section 141A applies, other than a knife which does not have a sharp point and is designed for eating food;

“ residential premises ” means premises used for residential purposes (whether or not also used for other purposes).

(13) Regulations made by the Secretary of State under subsection (1) may in particular include requirements about—

(a) how reports are to be made,

(b) when reports are to be made, and

(c) the information reports must include.

(14) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(15) The Secretary of State may by regulations made by statutory instrument amend—

(a) the number of bladed articles specified in subsection (2) (a) ;

(b) the number of qualifying sets specified in subsection (2) (b) ;

(c) the number of qualifying sets specified in subsection (2) (c) ;

(d) the number of bladed articles specified in subsection (2) (c) ;

(e) the period specified in subsection (4) (b) .

(16) A statutory instrument containing regulations under subsection (15) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(17) The Secretary of State must consult the Scottish Ministers before making regulations under this section.

(2) In the Offensive Weapons Act 2019—

(a) in section 66(1) (guidance by Secretary of State) after paragraph (g) insert—

(ga) section 141D of that Act (duty to report remote sales of knives etc in bulk) as it has effect in relation to England and Wales,

(b) in section 66(2) (guidance by Scottish Ministers) after paragraph (d) insert—

(da) section 141D of that Act as it has effect in relation to Scotland,

Section 43Duty to report remote sale of knives etc in bulk: Northern Ireland

(1) The Criminal Justice (Northern Ireland) Order 1996 ( S.I. 1996/3160 (N.I. 24) ) is amended as follows.

(2) After Article 54A insert—

Duty to report remote sales of knives etc in bulk

(54B)

(1) A person (“the seller”) must, in accordance with requirements specified in an order made by the Department of Justice, report to the person specified in the order any reportable sales the seller makes of bladed articles.

(2) A reportable sale of bladed articles occurs where the seller, in any of the ways set out in paragraph (4) , sells—

(a) six or more bladed articles, none of which form a qualifying set of bladed articles;

(b) two or more qualifying sets of bladed articles;

(c) one or more qualifying sets of bladed articles and five or more bladed articles that do not form a qualifying set.

(3) “ Qualifying set of bladed articles ” means three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others.

(4) The ways are—

(a) in a single remote sale where the bladed articles are to be delivered to an address in the United Kingdom, or

(b) in two or more remote sales in any period of 30 days—

(i) to one person, where the bladed articles are to be delivered to one or more addresses in the United Kingdom, or

(ii) to two or more persons, where the bladed articles are to be delivered to the same residential premises in the United Kingdom.

(5) A sale of bladed articles is “remote” if the seller is not in the presence of the person (“the buyer”) to whom the bladed articles are sold at the time of the sale.

(6) For the purposes of paragraph (5) the seller is not in the presence of the buyer at the time of the sale if—

(a) where the seller is an individual, the seller or a person acting on the seller’s behalf is not in the presence of the buyer at that time;

(b) where the seller is not an individual, a person acting on the seller’s behalf is not in the presence of the buyer at that time.

(7) A sale is not reportable if the buyer—

(a) informs the seller that the buyer is carrying on a business, and

(b) is—

(i) registered for value added tax under the Value Added Tax Act 1994 , or

(ii) registered as a company under the Companies Act 2006 .

(8) A person who fails to comply with paragraph (1) commits an offence.

(9) It is a defence for a person charged with an offence under paragraph (8) to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(10) A person is to be taken to have shown a matter for the purposes of this Article if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(11) A person who commits an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12) In this section—

(a) “ bladed article ” means an article to which Article 54 applies, other than a knife which does not have a sharp point and is designed for eating food;

(b) “ residential premises ” means premises used for residential purposes (whether or not also used for other purposes).

(13) An order made by the Department of Justice under paragraph (1) may in particular include requirements about—

(a) how reports are to be made,

(b) when reports are to be made, and

(c) the information reports must include.

(14) The Department of Justice may by order amend—

(a) the number of bladed articles specified in paragraph (2) (a) ;

(b) the number of qualifying sets specified in paragraph (2) (b) ;

(c) the number of qualifying sets specified in paragraph (2) (c) ;

(d) the number of bladed articles specified in paragraph (2) (c) ;

(e) the period specified in paragraph (4) (b) .

(3) In Article 57 (rules and orders)—

(a) the existing text becomes paragraph (1);

(b) in that paragraph for “or 54(3)(c)” substitute “, 54(3)(c) or 54B (1) ” ;

(c) after that paragraph insert—

(2) An order may not be made under Article 54B (14) unless a draft of the order has been laid before and approved by a resolution of the Northern Ireland Assembly.

(4) In the Offensive Weapons Act 2019 , in section 66 (3) (guidance by Department of Justice) after paragraph (f) insert—

(fa) Article 54B of that Order (duty to report remote sales of knives etc in bulk),

Section 44Application of Firearms Acts to sound moderators etc

(1) The Firearms Act 1968 is amended as follows.

(2) After section 2 insert—

Possession of a sound moderator or flash suppressor

(2A)

(1) Subject to any exemption under this Act, it is an offence for a person to have in their possession a relevant accessory unless the person holds a firearm certificate or a shot gun certificate.

(2) “ Relevant accessory ” means an accessory to a firearm to which section 1 applies which is designed or adapted to diminish the noise or flash caused by firing the firearm.

(3) In section 57 (interpretation)—

(a) in subsection (1)—

(i) omit paragraph (d);

(ii) in the words after paragraph (d) omit “, and accessories to,”;

(b) in subsection (4)—

(i) after the definition of “registered” insert—

“ relevant accessory ” has the meaning given in section 2A ;

(ii) in the definition of “shot gun”, omit the words from “and any” to the end.

(4) In Schedule 6 (prosecution and punishment of offences) after the entry for section 2(2) insert—

(5) Schedule 5 amends the exemptions in the Firearms Act 1968 and the Firearms (Amendment) Act 1988 to the requirement to hold a firearm or shot gun certificate.

Section 45Assault of retail worker

(1) A person who assaults a retail worker at work commits an offence under this section.

(2) “ Retail worker at work ” means a person who—

(a) is working on or about retail premises, and

(b) is working there for or on behalf of the owner or occupier of those premises, or is the owner or occupier of those premises.

(3) In subsection (2) —

“ retail premises ” means—

premises used wholly or mainly for the purposes of the sale of anything by retail, or

premises used mainly for the purposes of the wholesale of anything, if the premises are also used for the purposes of the sale of anything by retail,

and here “premises” include a stall or vehicle;

“ working ” includes doing unpaid work.

(4) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or both).

(5) In subsection (4) “ the maximum term for summary offences ” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, 6 months;

(b) if the offence is committed after that time, 51 weeks.

(6) In section 40(3) of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc) after paragraph (ac) insert—

(ad) an offence under section 45 of the Crime and Policing Act 2026 (assault of retail worker);

Section 46Assault of retail worker: duty to make criminal behaviour order

In Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders), after section 331 (power to make criminal behaviour order) insert—

Duty to make order for offence of assaulting retail worker

(331A)

(1) This section applies where—

(a) a person is convicted of an offence under section 45 of the Crime and Policing Act 2026 (assault of retail worker),

(b) the prosecution makes an application to the court for a criminal behaviour order to be made against the offender,

(c) the offender is aged 18 or over at the time the prosecution makes the application, and

(d) the court does not impose a custodial sentence or make a youth rehabilitation order, a community order, or a suspended sentence order in respect of—

(i) the offence mentioned in paragraph (a),

(ii) any other offence of which the offender is convicted by or before it, or

(iii) any other offence for which it deals with the offender.

(2) Section 331 applies as if for subsections (2) and (3) of that section there were substituted—

(2) Subject to subsection (3) , the court must, in addition to dealing with the offender for the offence, make a criminal behaviour order against the offender.

(3) Subsection (2) does not apply if—

(a) the court is of the opinion that there are exceptional circumstances which—

(i) relate to the offence or the offender, and

(ii) justify not making a criminal behaviour order, or

(b) the court makes an order for absolute discharge under section 79 in respect of the offence.

(3) Section 332 applies as if for subsection (1) of that section there were substituted—

(1) For the purpose of forming an opinion as to whether there are exceptional circumstances as mentioned in subsection (3) (a) of section 331 (as modified by subsection (2) of section 331A ), the court may consider evidence led by the prosecution and evidence led by the offender.

Section 47Theft from shop triable either way irrespective of value of goods

(1) In the Magistrates’ Courts Act 1980, omit section 22A (low-value shoplifting to be a summary offence).

(2) In consequence of the amendment made by subsection (1) —

(a) in the Magistrates’ Courts Act 1980—

(i) in section 2(3)(a) for “22A” substitute “22” ;

(ii) in section 143, omit subsections (2)(aza) and (3)(aa);

(b) in the Criminal Attempts Act 1981, omit—

(i) section 1(5);

(ii) in section 4(1)(c), the words from “or is low-value” to “1980),”;

(c) in section 51(2)(b) of the Crime and Disorder Act 1998, omit “22A(2)(b),”;

(d) in section 84 of the Armed Forces Act 2006, omit subsection (2A);

(e) in the Anti-social Behaviour, Crime and Policing Act 2014, omit section 176;

(f) in the Criminal Justice and Courts Act 2015, omit section 52;

(g) in section 6 of the Judicial Review and Courts Act 2022, omit subsection (3).

(3) The amendments made by this section do not apply in relation to an offence committed before this section comes into force.

Section 48Child criminal exploitation

(1) A person (D) aged 18 or over who is in a part of the United Kingdom (“the relevant part” of the United Kingdom) commits an offence if—

(a) D engages in conduct towards or in respect of a child (C), and

(b) D does so with the intention of—

(i) causing C to commit an offence,

(ii) causing C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, or

(iii) facilitating the causing of C, in future, to commit an offence or do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part.

It is irrelevant whether or not D knows or suspects that C is a child.

(2) In subsection (1) (b) “ offence ” means an offence under the law of a part of the United Kingdom.

(3) In this section and section 49 —

(a) “ act ” includes omission (and similar references, including references to doing anything, are to be construed accordingly);

(b) “ child ” means a person under the age of 18;

(c) a reference to a “part” of the United Kingdom is to—

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland.

(4) Where—

(a) a person (D1) arranges for another person (D2) to engage in conduct towards or in respect of a child, and

(b) D2 engages in that conduct,

D1 is to be treated for the purposes of this section and section 49 as also having engaged in that conduct.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(6) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36C insert—

Crime and Policing Act 2026 (c. 20)

(36D) An offence under any of the following provisions of the Crime and Policing Act 2026—

section 48 (child criminal exploitation)

Section 49Proving an offence under section 48

(1) This section applies for the purposes of section 48 .

(2) Where it is alleged that D intended to cause C to commit an offence, it is sufficient to prove that D intended to cause C to do an act which would amount to the commission of that offence.

(3) Where it is alleged that D intended to cause C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, it is sufficient to prove that D intended to cause C to do an act which, if done in that part, would amount to the commission of that offence.

(4) Where it is alleged that D intended to facilitate the causing of C, in future, to—

(a) commit an offence, or

(b) do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part,

it is sufficient to prove that D intended to facilitate the causing of C in future to do an act which would amount to the commission of that offence, or would if done in that part of the United Kingdom amount to the commission of that offence.

(5) In proving for the purposes of this section whether an act is one which would, or which would if done in a part of the United Kingdom, amount to the commission of an offence—

(a) if the offence is one requiring proof of fault, it must be proved that—

(i) D believed that, were the act to be done, it would be done with that fault, or

(ii) D’s state of mind was such that, were D to do it, it would be done with that fault;

(b) if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that D intended or believed that, were the act to be done, it would be done in those circumstances or with those consequences.

(6) For the purposes of subsection (5) (a) (ii) , D is to be assumed to be able to do the act in question.

(7) In this section—

(a) a reference to C doing an act which would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if C were aged 10 or over (or, in Scotland, were aged 12 or over);

(b) a reference to C doing an act which, if done in a part of the United Kingdom, would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if (in addition to it being done in that part of the United Kingdom) C were aged 10 or over (or, in Scotland, were aged 12 or over).

Section 50Power to make CCE prevention order

(1) This section applies if—

(a) an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with section 52 ,

(b) a person is acquitted of any offence, by or before a court,

(c) the Crown Court allows a person’s appeal against a conviction for any offence, or

(d) the court deals with a person in respect of a finding that—

(i) the person is not guilty of any offence by reason of insanity, or

(ii) the person is under a disability and has done the act charged against them in respect of any offence.

(2) The court may make an order under section 51 (a “CCE prevention order”) in respect of the person (“ the defendant ”) if they are aged 18 or over and the conditions in subsections (3) to (5) are met.

(3) The first condition is that—

(a) in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or

(b) in a case within subsection (1) (d) , the offence in question is an offence under section 48 .

(4) The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.

(5) The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.

(6) In subsection (3) —

(a) in paragraph (a) , the reference to engaging in anything includes engaging in it before (as well as after) the time when this section comes into force;

(b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.

(7) In this section and sections 51 to 60 —

(a) a reference to a person “engaging in child criminal exploitation” is to the person—

(i) doing anything that constitutes an offence under section 48 (as it has effect in England and Wales), or

(ii) doing anything in Scotland or Northern Ireland that would constitute an offence under section 48 (as it has effect in England and Wales) if done in England and Wales;

(b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a) (i) or (ii) .

749 sections

Cite this legislation

Crime and Policing Act 2026 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-2026-20

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

本頁資料來源:legislation.gov.uk (The National Archives)·整理提供:法律人 LawPlayer· lawplayer.com