Offences and Powers - Borders

Scope and Definitions

What is covered?

This guidance covers the importation and exportation of knives and offensive weapons at UK borders. It applies at ports, airports, rail terminals (including Eurostar), postal depots handling international mail, and courier/freight facilities. The primary legal framework combines customs legislation with offensive weapons law.

Key definitions

Import means bringing goods into the UK from outside the customs territory. Export means sending goods from the UK to a destination outside the customs territory. Prohibited goods are items whose import or export is banned by law.

Items subject to import prohibition

All weapons listed in section 141 of the Criminal Justice Act 1988 are prohibited imports. This includes zombie knives, butterfly knives, flick knives, gravity knives, disguised knives, push daggers, stealth knives, and other prohibited offensive weapons. The list is updated periodically by statutory instrument.

Offences

Importation of prohibited weapons (CEMA 1979 s.50)

Under section 50(2) of the Customs and Excise Management Act 1979, it is an offence to import goods which are prohibited. Prohibited offensive weapons fall within this provision. The offence is committed when prohibited goods are brought into the UK, whether by passenger, post, or freight.

Fraudulent evasion (CEMA 1979 s.170)

Section 170 creates a more serious offence of being knowingly concerned in the fraudulent evasion of any prohibition. This applies where a person takes deliberate steps to circumvent border controls - for example, concealing weapons in luggage, misdeclaring contents, or using multiple shipments to avoid detection.

Exporting prohibited weapons

While most focus is on imports, export of certain weapons may also be controlled under strategic export controls. This is primarily relevant to commercial exporters and is enforced under the Export Control Order 2008.

Defences and Exemptions

Limited defences

Defences to import offences are very limited. Lack of knowledge that goods are prohibited is generally NOT a defence to the basic importation offence under section 50. However, it may be relevant to the more serious section 170 offence which requires knowledge.

Statutory exemptions for prohibited weapons

The defences available under section 141 for possession also apply to importation. This means items imported for museum collections, theatrical productions, historical re-enactment (with insurance), or martial arts may be exempt - but the importer must be able to demonstrate the exemption applies at the point of import.

Antiques

Items over 100 years old may qualify for the antiques exemption, except for flick knives and gravity knives which have no antiques defence. Documentary evidence of age should accompany such imports.

Enforcement Powers

Border Force powers

Border Force officers have extensive powers under CEMA 1979 to stop, question, and search persons and goods at ports of entry. They may examine baggage, freight, and postal items without warrant. Reasonable suspicion is not required for routine examination at the border.

Seizure powers (CEMA 1979 s.139)

Border Force may seize any goods liable to forfeiture, including prohibited weapons. Seizure can occur at the point of import, from freight warehouses, postal facilities, or after delivery if goods are traced. Seized goods are liable to forfeiture and destruction.

Power to open and examine (CEMA 1979 s.159)

Officers may require packages to be opened for examination. This includes international mail items at postal hubs and parcels at courier facilities. Refusal to open packages may result in seizure pending examination.

Detention and arrest

Border Force officers designated as customs officers have powers of arrest for customs offences. They may also detain goods pending investigation. In serious cases, particularly where section 170 (fraudulent evasion) is suspected, matters may be referred to the National Crime Agency.

Penalties

Importing prohibited goods (s.50)

For importation of prohibited weapons under section 50: on summary conviction, up to 6 months' imprisonment and/or fine up to three times the value of the goods. On indictment, up to 7 years' imprisonment and/or unlimited fine.

Fraudulent evasion (s.170)

For knowingly concerned in fraudulent evasion under section 170: on summary conviction, up to 6 months' imprisonment and/or fine up to three times the value of the goods. On indictment, up to 7 years' imprisonment and/or unlimited fine. The same maximum but treated more seriously given the element of deliberate circumvention.

Forfeiture

In addition to criminal penalties, imported prohibited weapons are liable to forfeiture. There is a procedure to challenge forfeiture (condemnation proceedings) but this is rarely successful for prohibited weapons.

Key Legislation

• Customs and Excise Management Act 1979 s.50: Importation of prohibited goods
• Customs and Excise Management Act 1979 s.170: Fraudulent evasion of prohibition
• Customs and Excise Management Act 1979 s.139: Power to seize goods
• Criminal Justice Act 1988 s.141: Definition of prohibited weapons
• Import of Goods (Control) Order 1954: Import prohibition framework