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Further measures to tackle weapons culture
28/06/2005
Proposals to introduce a licensing scheme for the sale
of non-domestic knives and banning the sale of swords were
announced today.
In a related move, an order was laid before the Scottish
Parliament adding knives and batons to the list of banned
offensive weapons.
Today's developments are the latest in a series of
measures promised by the First Minister in November 2004 to
tackle knife crime in Scotland.
Ministers have already consulted, as part of the police
bill consultation, on doubling the maximum sentence for
carrying a knife, giving the police an unconditional power
of arrest when they suspect someone of carrying a knife or
offensive weapon, and increasing the age for buying a
non-domestic knife from 16 to 18.
Today's consultation seeks views on a range of options
designed to tighten the availability of these potentially
deadly weapons, including:
- Licensing the sale of non-domestic
knives
In this consultation a non-domestic knife means a
knife which has a blade or sharp point, and which is
not designed only for domestic use, or only for use in
the processing, preparation or consumption of food.
Controlling the sale of non-domestic knives could act
as a further deterrent to those wishing to purchase
knives for illegal purposes. Under the proposed scheme,
licensed sellers would need to record the purchaser's
name, address and age. A breach in the license
conditions could result in the seller having their
licence revoked. - Banning the purchase of non-domestic knives
except from licensed sellers
This would reinforce the licensing
scheme by making it a criminal offence for anyone to
purchase a non-domestic knife from an unlicensed
seller. - Licensing the sale of swords, with an
additional condition that retailers could only sell
swords to members of approved organisations
In the consultation, a sword is a thrusting,
striking or cutting weapon with a long blade having one
or two edges and a hilt or handle. This proposal would
not adversely impact on the sale of swords to those who
could show they had a legitimate ceremonial, religious,
sporting or cultural purpose. - Banning the sale of swords
A blanket ban on all swords with potential
exceptions in the case of swords used for ceremonial,
religious, sporting or cultural purposes. - Banning the sale of samurai swords
A samurai sword is described as a specific type
of curved, single-edged sword traditionally used by the
Japanese Samurai as a cutting weapon, kept in a sheath
and forged with the highly specialized tamagahane
steel. A ban on this type of sword would also extend to
replicas and swords of a similar design. Views on
possible exceptions are being sought as part of the
consultation. - Licensing the purchase of swords on an
individual basis
Under this proposal individuals would need to
apply for a licence to purchase swords in a similar
manner to that required in existing firearms law.
Justice Minister Cathy Jamieson said:
"I am committed to reducing violent crime and tackling
the weapon carrying culture - particularly amongst young
males - that contributes to too many young lives being lost
or scarred. This remains at the forefront of our drive to
improve public safety.
"Making it more difficult to purchase a non-domestic
knife will further deter those without a legitimate reason
to possess a knife, and will compel the small minority of
unscrupulous traders to sell non-domestic knives more
responsibly. Alongside the other measures we are taking, we
believe that this will contribute to a reduction in knife
crime.
"Nobody living in a normal house or flat in an ordinary
community needs a sword as part of day to day life. Those
with a legitimate reason for needing a non-domestic knife
or sword should not, however, be put at a disadvantage by
these proposals. Some necessary administrative safeguards
are a small price to pay to tighten up the availability of
these weapons in the wider community.
"New laws are of course, just one way of addressing this
problem. We are working with the police and other agencies
to explore the root causes of weapon carrying behaviour,
identify preventative measures which can reduce the
likelihood of violence and to develop early interventions
which can help break cycles of violence and brutality.
"I want to send a clear message to the people of
Scotland that knife crime is unacceptable and will not be
tolerated.
"We are determined to confront this problem by
introducing tough new measures to support the police and
protect communities. This consultation is the latest step
we are taking to review and update existing laws on the
sale of knives and swords so that we can drive down knife
crime, keep it down and break its grip on Scotland once and
for all."
The consultation will last until 30 September 2005.
The first three initiatives - contained within the five
point plan announced by the First Minister in November 2004
- have been included in the consultation on the police
bill.
From 1998 to 2003, of the 667 murders committed in
Scotland, 323 involved the use of a knife. In the same
period there were 14,463 convictions for handling an
offensive weapon.
The order being laid before Parliament today - The
Criminal Justice Act 1988 (Offensive Weapons) (Scotland)
Order 2005 - adds non-metallic hunting or stiletto knives
(often referred to as stealth knives) and straight
side-handled and friction-locked batons to the list of
specified offensive weapons contained in the Criminal
Justice Act 1988. This will make it an offence to
manufacture, import, sell or hire stealth knives and
batons. The offence carries a maximum penalty of six months
imprisonment or a fine of £5,000 or both. Stealth knives
can be a particular threat as they are not detectable by
metal detectors.