Violent Crime Reduction Bill | Criminal Justice Act | Anti-Social Behaviour Act | Gun Offences Table | Legislation on Offensive Weapons
We introduced the Violent Crime Reduction Bill on 8 June 2005. The Bill includes a ban on the manufacture, sale or importation of realistic imitation firearms; tougher sentences for carrying imitation firearms; a new offence of using another person to hide or carry a gun or knife; an increase in the minimum age for purchasing air weapons; tightening the law on reckless use of airguns on private property; powers for head teachers to search pupils for knives and other offensive weapons.
The knife crime provisions of the Violent Crime Reduction Act 2006 are as follows:
Earlier legislation includes:
Under the Criminal Justice Act anyone convicted of illegal possession of a prohibited firearm will receive a mandatory, minimum five-year sentence. Previously they were only sent to jail for an average of eighteen months.
In July the Home Office launched a hard-hitting poster campaign to raise awareness of this law among young people in those areas most affected by gun crime. At the launch of the campaign, Home Office Minister Caroline Flint said: “This Government is absolutely clear that gun crime will not be tolerated, and that people who flout the law and carry a prohibited gun, whether or not they own it, will be given a tough sentence.”
The Anti-Social Behaviour Act made it an offence to carry an imitation or air gun in public without lawful authority or reasonable excuse. This is because an increasing number of criminals are using replica weapons to rob or terrorise people, and these weapons cause real difficulties for police officers who have to decide, often in highly pressurised situations, if they are real or not.
In addition, the Home Secretary has banned the sale, manufacture and import of guns that use self contained gas cartridge systems, for example Brococks. These guns are particularly vulnerable to conversion to fire live ammunition, and information from the police service indicates that they are commonly used in crime.
Further information on firearms legislation can be found on the Home Office website at Gun Crime and Firearms Controls - Publications
Back to top| General nature of offence | Maximum punishment |
|---|---|
| Possession of firearm with intent to endanger life | Life imprisonment or an unlimited fine or both |
| Use of firearm to resist arrest | Life imprisonment or an unlimited fine or both |
| Carrying firearm or imitation firearm with intent to commit indictable offence or to resist arrest | Life imprisonment or an unlimited fine or both |
| Possessing or distributing prohibited weapon or ammunition | 10 years or an unlimited fine or both (5 year minimum sentence) |
| Possession of firearm with intent to cause fear of violence | 10 years or an unlimited fine or both |
| Carrying firearm or imitation firearm in public place | 7 years or an unlimited fine or both |
| Shortening a shot gun; conversion of firearm | 7 years or an unlimited fine or both |
| Trespassing with firearm or imitation firearm in a building | 7 years or an unlimited fine or both |
| Trading in firearms without being registered as firearms dealer | 5 years or an unlimited fine or both |
| Selling firearm to person without a certificate | 5 years or an unlimited fine or both |
| Repairing, testing etc. firearm without a certificate | 5 years or an unlimited fine or both |
| Falsifying certificate etc. with view to acquisition of firearm | 5 years or an unlimited fine or both |
Section 1 of the Prevention of Crime Act 1953 prohibits the carrying of any offensive weapon in a public place without lawful authority or reasonable excuse. A public place includes private premises to which the public have access.
An offensive weapon is defined in section 1(4) as “any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person”.
Penalty: Up to 4 years imprisonment and/or a fine.
Section 1(1) of the Restriction of Offensive Weapons Act 1959 prohibits the manufacture, sale, hire, offer for sale or hire, exposure or possession for the purpose of sale or hire, or lending or giving to any other person and the importation of flick knives and gravity knives.
Penalty: up to 6 months imprisonment and/or fine up to £5000.
Section 139 of the Criminal Justice Act 1988 creates an offence of having an article with a blade or a sharp point in a public place without good reason or lawful authority. An exemption applies to folding pocket knives with a blade of less than three inches.
Penalty: Up to 2 years imprisonment and/or a fine.
Section 139A of the Criminal Justice Act 1988 creates an offence of having an article with a blade or point and an offensive weapon on school premises.#
Penalty: Up to 2 years imprisonment and/or a fine for a knife. Up to 4 years imprisonment and or a fine for an offensive weapon.
Section 141 of the Criminal Justice Act 1988 prohibits the manufacture, sale, hire, offer for sale or hire of a range of weapons specified in the Criminal Justice Act (Offensive Weapons) Order 1988..
Penalty: up to 6 months imprisonment and/or a fine not exceeding £5000.
Section 141A of the Criminal Justice Act 1988 prohibits the sale of knives, axes and certain articles with a blade or point to persons under the age of 16.
Penalty: up to 6 months imprisonment and/or a fine not exceeding £5000.
The Knives Act 1997 creates offences relating to the unlawful marketing of knives as suitable for combat, or in ways likely to stimulate or encourage violent behaviour.
Penalty: up to two years imprisonment and/or a fine.
Section 60 of the Criminal Justice and Public Order Act 1994, as amended by the Knives Act 1997, contains a power under which an officer of inspector rank or above can, in certain circumstances, authorise police officers within a given area to stop and search for offensive weapons as they see fit.
Weapons in the Criminal Justice Act (Offensive Weapons) Order 1988
| Flick knives Gravity knives Knuckle-dusters Sword-sticks Hand-claws Foot-claws Belt buckle knives Push daggers Butterfly knives |
Blow-pipes or guns |