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Annex A - Knife Crime Law &
Legislation
1. Scots law has always regarded an attack with an
offensive weapon as a serious aggravation of the common law
crime of assault. Successive legislation has also
introduced tighter and more specific controls to tackle the
carrying and sale of knives and target the prevention of
crime. A wide range of powers is now in force and there are
a range of penalties available to the court, including
fines and imprisonment. These powers and penalties are set
out in a number of pieces of legislation, as set out
below.
2. The
Restriction of Offensive Weapons Act 1959
prohibits the
manufacture, sale or hire, the exposure or
possession for the purposes of sale or hire, or the lending
or giving to another person,
of a flick-knife or gravity knife. The
maximum penalty on summary conviction is imprisonment for a
term not exceeding 6 months or a fine not exceeding level 4
(£2500) or both.
3. The
Criminal Justice Act 1988 makes it an
offence to
manufacture, import, sell or hire, expose
or possess for the purposes of sale or hire, or lend or
give to another person
any specified offensive weapon. Fifteen
weapons have been specified as offensive weapons in
Offensive Weapons Orders under this Act; including sword
sticks, push daggers, death stars and butterfly knives. The
maximum penalty on summary conviction is 6 months
imprisonment and a fine not exceeding level 5 (£5000) or
both.
4. The
Criminal Law (Consolidation) (Scotland) Act
1995 prohibits the
carrying of offensive weapons in public
places without lawful authority or reasonable excuse. The
maximum penalty on summary conviction is imprisonment for a
term not exceeding 6 months or a fine not exceeding the
statutory maximum (£5000) or both. The maximum penalty on
conviction on indictment is imprisonment for a term not
exceeding 4 years, or a fine or both.
5. The
Criminal Law (Consolidation) (Scotland) Act
1995 also prohibits the
carrying of knives and other articles with
blades or points in public places. The maximum penalty on
summary conviction is imprisonment for a term not exceeding
6 months or a fine not exceeding the statutory maximum
(£5000) or both. The maximum penalty on conviction on
indictment is imprisonment for a term not exceeding 2
years, or a fine or both.
NB: The proposals announced for the
Police Bill would increase the maximum penalty to four
years.
6. The
Offensive Weapons Act 1996 amended the
Criminal Justice Act 1988 to prohibit the
sale of knives to someone under 16 (and
also any blade, razor blade, axe, any bladed or sharply
pointed article or any item made or adapted for causing
personal injury). The maximum penalty on summary conviction
is imprisonment for a term not exceeding 6 months or a fine
not exceeding level 5 (£5000) or both.
NB: The proposals announced for the
Police Bill would increase the minumum age from 16 to 18
for non-domestic knives.
7. The
Knives Act 1997 makes it an offence to
market a knife in a way which indicates that it is
suitable for combat. The maximum penalty on
summary conviction is imprisonment for a term not exceeding
6 months or a fine not exceeding the statutory maximum
(£5000) or both. The maximum penalty on conviction on
indictment is imprisonment for a term not exceeding 2
years, or a fine or both.
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