The Act provides defences that can apply to the offence of selling bladed articles to under 18s, in the case of the remote sales. There is a defence provided to this offence where the person can prove that they had good reason or lawful authority for having the corrosive substance with them. The Act creates a new criminal offence of possessing a corrosive substance in a public place. The Act contains a delegated power to amend the Schedule to add, remove or modify substances and concentration levels as required. The substances and concentration levels that constitute corrosive products for this purpose are set out in Schedule 1 of the Act. The Act creates a new criminal offence of selling a corrosive product to a person under the age of 18. The Act includes new legislative measures to control the sale of knives and corrosive products, and it introduces new offences relating to their possession and use. 1.3 Purpose of the provisions of the Offensive Weapons Act 2019 covered by this guidance The arrangements were set out in the relevant Regulations and a surrender and compensation scheme ran from 10 December 2020 to 9 March 2021. The Act requires that these prohibitions must be preceded by arrangements for the surrender of the items concerned to the police, and for compensation to be paid to those who lawfully owned the weapons on the dates specified in Parts 4 and 6 of the Act and who surrender the items in accordance with arrangements made by the Secretary of State. Measures in Part 4 and Part 6 of the Act prohibit the possession of offensive weapons and certain firearms. 1.2 Prohibitions introduced by the Offensive Weapons Act 2019 Organisations and bodies may issue additional guidance in relation to these matters for clarification if they wish to do so.
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The guidance sets out how duties imposed by the Offensive Weapons Act 2019 should be complied with, and what factors should be taken into account when making decisions on whether and how to proceed with individual cases that are concerned with the possession, sale and delivery of knives, corrosives and offensive weapons, and the use of these to threaten others. It will also be of interest to the Crown Prosecution Service, Her Majesty’s Courts and Tribunals Service, manufacturers and suppliers of bladed articles, bladed products, and corrosives, as well as members of the public. The guidance is primarily for the police, retailers, delivery companies and Trading Standards Authorities. Further information in respect of this consultation is available on gov.uk. Part 6 also includes measures relating to enhanced security for certain firearms, which have been included in a separate consultation on a number of firearms safety issues, which ran from 24 November 2020 to 16 February 2021. These measures are subject to separate guidance and are discussed further below. The measures in Part 6 include the prohibition of certain firearms, their surrender and compensation arrangements. These measures are subject to separate guidance. Part 2 of the Act concerns Knife Crime Prevention Orders. Part 5: Threatening with offensive weapons.Part 3: Sale and delivery of knives etc.Part 1: Corrosive products and substances.This guidance relates to the following Parts of the Act:
This statutory guidance does not apply in Northern Ireland. It also provides advice in respect of sections 1 to 4 of the Act in Scotland in relation to the sale and delivery of corrosive products. This statutory guidance provides advice for those required to comply with, or enforce, the measures in the Offensive Weapons Act 2019 set out below, and with other legislation that is amended by the Act, in England and Wales. Final draft of statutory guidance to be issued under section 66 of the Offensive Weapons Act 2019.
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