Offences and Powers - Retail

Scope and Definitions

What premises are covered?

This guidance covers physical retail premises where knives are sold face-to-face. This includes high street shops, supermarkets, hardware stores, camping and outdoor shops, kitchen and homeware retailers, market stalls, and car boot sales. Online sales are covered separately in the Online Environment guidance.

Key definitions

A bladed product for the purposes of section 141A 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. An article with a blade or point for section 141 includes kitchen knives, craft knives, Stanley knives, scissors with pointed blades, and similar items.

Age thresholds

The key age is 18. It is an offence to sell knives, knife blades, razor blades, axes, and other bladed or pointed articles to persons under 18. There are very limited exemptions.

Offences

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

It is an offence to sell to a person under 18 any knife or knife blade, razor blade, axe, or any other article which has a blade or is sharply pointed and which is made or adapted for use for causing injury to the person. The offence is committed by the person who makes the sale - typically the shop assistant or market trader.

Sale of prohibited weapons (CJA 1988 s.141)

It is an offence to sell any prohibited weapon to anyone, regardless of age. This includes zombie knives, butterfly knives, flick knives, disguised knives, and all other items on the prohibited list.

Corporate liability

Where an offence is committed by a body corporate with the consent or connivance of, or is attributable to neglect by, a director, manager, secretary, or similar officer, that individual is also guilty of the offence. This means retailers cannot simply blame individual staff - management may also be prosecuted.

Defences and Exemptions

Due diligence defence (s.141A(4))

It is a defence for a person charged with selling to an under-18 to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. In practice, this means having robust age verification procedures in place.

What constitutes due diligence?

Courts will consider whether the retailer had written policies on age-restricted sales, provided staff training on age verification, used Challenge 25 or similar schemes (asking for ID from anyone who appears under 25), maintained records of refused sales, and conducted regular compliance checks.

Acceptable forms of ID

Commonly accepted forms include passport, photocard driving licence, PASS accredited proof of age card (bearing the PASS hologram), and military ID card. Retailers should train staff to check that ID is genuine, in date, and matches the person presenting it.

Exemptions from s.141A

The following are exempt from the under-18 sale prohibition: replacement razor blades for safety razors where less than 2mm of blade is exposed, and replacement cartridges where the blade is permanently enclosed. Note that knives designed for domestic use (e.g. kitchen knives) are NOT exempt - the sale offence applies regardless of the knife's intended purpose.

Enforcement Powers

Primary enforcement body

Trading Standards are the primary enforcement body for retail knife sales offences. Section 141A(6) states that it shall be the duty of every local weights and measures authority to enforce the provisions. Police also retain powers to investigate and prosecute these offences.

Test purchasing

Trading Standards regularly conduct test purchase operations using young people aged 14-17 to attempt to buy age-restricted products. These operations follow Home Office guidance and RIPA requirements. Failed test purchases typically result in investigation, warning letters, or prosecution depending on the circumstances.

Powers of entry and inspection

Under the Consumer Rights Act 2015, Trading Standards officers have powers to enter premises at any reasonable hour, inspect goods, require production of documents, seize goods and documents as evidence, and break open containers to inspect contents.

Penalties

Sale to under-18s

For selling a knife to an under-18 (s.141A): summary conviction only, maximum Level 5 fine (unlimited). There is no imprisonment for this offence. The fine applies to the individual who made the sale, though corporate liability may also apply.

Sale of prohibited weapons

For selling a prohibited weapon (s.141): up to 51 weeks' imprisonment and/or unlimited fine on summary conviction, or up to 4 years' imprisonment on indictment. This is significantly more serious than the under-18 sale offence.

Key Legislation

• Criminal Justice Act 1988 s.141A: Sale of knives to under-18s
• Criminal Justice Act 1988 s.141: Sale of prohibited weapons
• Restriction of Offensive Weapons Act 1959: Sale of flick knives and gravity knives
• Consumer Rights Act 2015: Trading Standards enforcement powers