Offences and Powers - Online

Scope and Definitions

What is a "remote sale"?

A remote sale is any sale where the buyer is not physically present at the point of sale. This includes sales via websites, mobile apps, telephone orders, mail order catalogues, social media platforms, and online marketplaces. The Offensive Weapons Act 2019 introduced specific provisions for remote sales that go beyond the existing under-18 rules.

Key definitions

A bladed product for the delivery offences means any knife, knife blade, or razor blade, any axe, and any other article which has a blade or is sharply pointed and is made or adapted for causing injury. A residential premises means premises used solely or mainly for residential purposes - this is critical for understanding the delivery restrictions.

Platforms and marketplaces

Online marketplaces (Amazon, eBay, etc.) where third-party sellers list products are covered. Both the seller AND the platform may have responsibilities. Social media platforms where sales are arranged are also covered.

Offences

Remote sale to under-18s (CJA 1988 s.141A)

The basic offence of selling knives to under-18s applies equally to remote sales. Online sellers must have age verification measures in place before completing a sale. The same due diligence defence applies as for physical retail.

Delivery to residential premises (OWA 2019 s.38)

This is the key new offence introduced by the Offensive Weapons Act 2019. It is an offence for a seller, acting in the course of business, to arrange for bladed products sold remotely to be delivered to residential premises. The offence applies to the seller, NOT the buyer or the delivery company.

Elements of the delivery offence

The prosecution must prove: (1) a sale of a bladed product, (2) made remotely, (3) by a seller acting in the course of business, (4) where the seller arranged for delivery, (5) to residential premises in England and Wales. All elements must be present.

Sale of prohibited weapons online

The sale of prohibited weapons (s.141) applies equally online. It is an offence to sell zombie knives, butterfly knives, disguised knives, and other prohibited weapons to anyone via any channel. There is no defence based on the buyer's claimed purpose.

Defences and Exemptions

Defences to the delivery offence (OWA 2019 s.38)

Section 38 provides specific defences:

• Age verification at delivery: The seller arranged for the bladed product to be delivered in a way that the person delivering it would be required to verify the buyer was 18+ before handing it over.
• Collection point: The seller arranged for collection from non-residential premises (e.g. click-and-collect at a shop or locker) with age verification at collection.
• Reasonable belief: The seller reasonably believed the buyer would not be under 18 at the time of delivery.

What is age verification at delivery?

The seller must demonstrate arrangements were made for the delivery company to check ID before handover. This typically means using a courier service with age verification capability and flagging the parcel as requiring age check. Simply marking a parcel "over 18" is NOT sufficient.

Products exempt from delivery restrictions

The delivery offence does NOT apply to: replacement razor blades for safety razors with less than 2mm exposed blade, replacement cartridges with permanently enclosed blades, and products designed for a child under 18. Note that kitchen knives and craft knives are NOT exempt.

Enforcement Powers

Trading Standards enforcement

Trading Standards have primary enforcement responsibility for online sales offences. They can conduct test purchases online using volunteers aged 14-17 and investigators posing as adults. Enforcement may target both UK-based sellers and platforms hosting them.

Cross-border challenges

Overseas sellers shipping to UK addresses present enforcement challenges. While the delivery offence applies to deliveries to England and Wales regardless of seller location, practical enforcement against overseas sellers is difficult. Focus tends to be on UK-based platforms facilitating such sales.

Platform responsibilities

Online marketplaces may face pressure to remove prohibited weapon listings and implement age verification. While platforms are not directly liable for third-party seller offences in most cases, they may face regulatory action under other frameworks if they knowingly facilitate illegal sales.

Penalties

Delivery to residential premises

For arranging delivery to residential premises (s.38): summary conviction only, maximum 51 weeks' imprisonment and/or unlimited fine. This is a summary-only offence.

Remote sale to under-18s

For selling to an under-18 remotely (s.141A): Level 5 fine (unlimited). No imprisonment for this offence. Same as physical retail.

Key Legislation

• Offensive Weapons Act 2019 s.38: Delivery of bladed products to residential premises
• Criminal Justice Act 1988 s.141A: Remote sale to under-18s
• Criminal Justice Act 1988 s.141: Online sale of prohibited weapons