Use of Machetes and Other Knives in Crime: Legislative Proposals

Chris Philp Excerpts

Tuesday 18th April 2023 Written Statements

[The Minister for Crime, Policing and Fire (Chris Philp)]

The Government are today launching a seven-week consultation on new knife legislation proposals to tackle the use of machetes and other bladed articles in crime.

There are already strict controls on particular offensive weapons, including certain types of knives, which are listed in the Criminal Justice Act 1988 (Offensive Weapons) Order 1988. It is an offence to sell, manufacture, hire, loan or gift these weapons. This offence is in addition to the general offences of possessing a knife or offensive weapon in public or on school grounds. In England and Wales, there are 20 different weapons listed as offensive weapons. They include items such as the “belt buckle knife”, “butterfly knife” and “push dagger”.

There are also similar prohibitions in respect of “flick knives” and “gravity knives” in section 1 of the Restriction of Offensive Weapons Act 1959.

In August 2016, we added “zombie knives” to this list, as we were concerned that such knives had no legitimate use and were designed to look menacing, intimidate and encourage violence. In 2019, we added “cyclone knives” to the list.

We are consulting on legislative measures to provide the police with more tools to disrupt knife possession and tackle knife crime. We have identified certain types of machetes and large outdoor knives that do not seem to have a practical use and appear to be designed to look menacing and be favoured by those who want to use these knives as weapons. We intend to include them in the list of prohibited offensive weapons set out in the schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988. Weapons listed in this schedule are prohibited under section 141 of the Criminal Justice Act 1988. This would mean that the manufacture, importation, sale and supply of these items would be an offence. Possession, both in public and in private, would also be an offence, unless a defence applies. We are inviting views from respondents on the finer details of the description of the items that we intend to ban.

We are also consulting on whether to provide the police with additional powers to enable them to seize, retain and destroy bladed articles of any length held in private, or whether the powers should be limited to articles of a certain length, even if the items themselves are not prohibited. We consider it a proportionate response for the police, where they are in private property lawfully, to seize, retain and eventually destroy bladed articles if they have good reason to believe that they will be used in crime. We would like to test this proposal with stakeholders and other members of the public so that we ensure that the most effective but proportionate system is put in place.

In addition, we are consulting on whether there is a need for the Government to toughen the current penalties for selling prohibited offensive weapons and selling bladed articles to persons under 18, and on whether the criminal justice system should treat carrying prohibited knives and offensive weapons in public more seriously, to better reflect the severity of the offences.

Finally, we are consulting on whether it would be appropriate to mirror firearms legislation and introduce a separate possession offence of knives and offensive weapons with intent to injure or cause fear of violence. This would carry a maximum penalty higher than the current offence of possession of an offensive weapon in public under section 1 of the Prevention of Crime Act 1953.

In summary, we are seeking views on the following proposals:

Proposal 1: Introduction of a targeted ban of certain types of large knives that seem to be designed to look menacing with no practical purpose.

Proposal 2: Whether additional powers should be given to the police to seize, retain and destroy lawfully held bladed articles of a certain length if these are found by the police when in private property lawfully and they have reasonable grounds to believe that the article(s) is likely to be used in a criminal act.

Proposal 3: Whether there is a need to increase the maximum penalty for the importation, manufacture, sale and supply of prohibited offensive weapons—section 141 of the Criminal Justice Act 1988 and section 1 of the Restriction of Offensive Weapons Act 1959—and the offence of selling bladed articles to persons under 18—section 141A of the Criminal Justice Act 1988—to two years, to reflect the severity of these offences.

Proposal 4: Whether the criminal justice system should treat possession in public of prohibited knives and offensive weapons more seriously.

Proposal 5: Whether there is a need for a separate possession offence of bladed articles with the intention to injure or cause fear of violence with a maximum penalty higher than the current offence of possession of an offensive weapon under section 1 of the Prevention of Crime Act 1953.

The consultation will be live from 18 April to 6 June 2023, and a response will be published in summer 2023.

We intend to make any changes related to the consultation as soon as parliamentary time allows thereafter.

Knife crime causes misery and fear in our communities, which is why this Government have taken concerted action to tackle it.

We are pursuing a twin-track approach, combining tough enforcement with prevention and intervention as we relentlessly bear down on violent crime.

The results are clear to see. Since 2010, violent crime has reduced by 38%, according to the crime survey of England and Wales.

A copy of the consultation document and the accompanying impact assessment will be placed in the Libraries of both Houses and published on www.gov.uk.

[HCWS722]