Crime and Policing Act 2026

(6)

The contractor commits an offence if, when the bladed product is finally delivered to residential premises by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the buyer is an individual, is the buyer.

(6A)

A person acting on the contractor’s behalf commits an offence if—

(a)

the bladed product is finally delivered to residential premises by that person or another person acting on the contractor’s behalf, and

(b)

it is not delivered into the hands of a person who—

i

is aged 18 or over, and

ii

if the buyer is an individual, is the buyer.

(6B)

For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with—

(a)

the contractor, or

(b)

a person who acts on the contractor’s behalf.

(6C)

A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to finally deliver, or to arrange the final delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products).

;

(d)

in subsection (7)—

i

for “subsection (6)” substitute “this section”;

ii

in paragraph (b) omit “Scotland or”;

iii

after paragraph (b) insert—

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(4)

For section 40 substitute—

Defences to offence under section 38 or 39

40

(1)

It is a defence for a person charged with an offence under section 38(2) of delivering a bladed product to residential premises to show that the delivery conditions were met.

(2)

It is a defence for a person (“the seller”) charged with an offence under section 38(2) of arranging for the delivery of a bladed product to residential premises to show that—

(a)

the arrangement required the person with whom it was made not to finally deliver the bladed product unless the delivery conditions were met, and

(b)

the seller took all reasonable precautions and exercised all due diligence to ensure that the product would not be finally delivered unless the delivery conditions were met.

(3)

It is a defence for a person charged with an offence under section 38(3) to show that they took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(4)

It is a defence for a person charged with an offence under section 39(6) or (6A) to show that the delivery conditions were met.

(5)

It is a defence for a person charged with an offence under section 39(6) or (6A) who did not finally deliver the bladed product to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6)

It is a defence for a person charged with an offence under section 39(6A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed product.

(7)

The delivery conditions are that—

(a)

the person finally delivering the bladed product—

i

was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or

ii

took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and

(b)

on the basis of that document or those steps a reasonable person would have been satisfied—

i

that P was over 18, and

ii

if the buyer was an individual, that P was the buyer.

(8)

In subsection (7) “identity document” means—

(a)

a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b)

a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c)

a relevant driving licence;

(d)

any other document specified in regulations made by the appropriate national authority.

(9)

In subsection (8)(c) “relevant driving licence” means—

(a)

in relation to England and Wales and Northern Ireland, a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(b)

in relation to Scotland, a licence to drive a motor vehicle—

i

granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or

ii

issued in the form of a photocard by a member State.

(5)

After section 40 insert—

Offence of UK seller delivering etc bladed product to collection point

40A

(1)

This section applies if—

(a)

a person (“the seller”) sells a bladed product to another person (“the buyer”), and

(b)

the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time.

(2)

The seller commits an offence if, for the purposes of supplying the bladed product to the buyer, the seller—

(a)

delivers the bladed product to a collection point, or

(b)

arranges for the bladed product to be delivered to a collection point.

(3)

It is a defence for a person charged with an offence under subsection (2)(a) to show that—

(a)

when the package containing the bladed product was delivered to the collection point, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the buyer is an individual, is the buyer, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(4)

It is a defence for a person charged with an offence under subsection (2)(b) to show that—

(a)

when the package containing the bladed product was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the buyer is an individual, is the buyer, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(5)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale;

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(6)

“Collection point” means a place—

(a)

from which the bladed product may be collected by the buyer or a person acting on behalf of the buyer, and

(b)

where on collection the bladed product is given by an individual to the buyer or a person acting on behalf of the buyer.

Offence of contractor delivering bladed product sold by UK seller to collection point

40B

(1)

This section applies if—

(a)

a person (“the seller”) sells a bladed product to another person (“the buyer”),

(b)

the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time,

(c)

before the sale the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—

i

to deliver bladed products for the seller, or

ii

to arrange the delivery of bladed products for the seller, and

(d)

the contractor was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, bladed products.

(2)

The contractor commits an offence if, pursuant to the arrangement, they deliver, or a person acting on their behalf delivers, a bladed product to a collection point.

(3)

A person who acts on the contractor’s behalf commits an offence if they deliver, or another person acting on the contractor’s behalf delivers, the bladed product to a collection point.

(4)

For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with—

(a)

the contractor, or

(b)

a person who acts on the contractor’s behalf.

(5)

A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to deliver, or to arrange the delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products).

(6)

It is a defence for a person charged with an offence under this section to show that—

(a)

when they delivered the package containing the bladed product to the collection point or to a person acting on the contractor’s behalf, the package was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the buyer is an individual, is the buyer, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(7)

It is a defence for a person charged with an offence under this section to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product.

(8)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale;

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(9)

“Collection point” has the meaning given in section 40A.

Handing over bladed products sold by UK seller at collection point

40C

(1)

This section applies if—

(a)

a person (“the seller”) sells a bladed product to another person (“the buyer”),

(b)

the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time,

(c)

the bladed product is delivered to a collection point, and

(d)

condition A or condition B is satisfied.

(2)

Condition A is that—

(a)

the delivery is pursuant to an arrangement entered into before the delivery by—

i

the person operating the collection point (“the operator”), and

ii

the seller or the person delivering the bladed product to the collection point, and

(b)

the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of bladed products.

(3)

Condition B is that the seller is the operator.

(4)

The operator commits an offence if the operator (or a person acting on behalf of the operator)—

(a)

gives the bladed product to a person collecting it, but

(b)

does not give it into the hands of an eligible person.

(5)

A person acting on behalf of the operator commits an offence if they—

(a)

give the bladed product to a person collecting it, but

(b)

do not give it into the hands of an eligible person.

(6)

“Eligible person” means a person who—

(a)

is aged 18 or over, and

(b)

if the buyer is an individual, is the buyer.

(7)

It is a defence for a person charged with an offence under subsection (4) or (5) to show that the collection conditions were met.

(8)

The collection conditions are that—

(a)

the individual giving the bladed product to the person (“P”) collecting it—

i

was shown by P an identity document issued to P in a physical form, or

ii

took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and

(b)

on the basis of that document or those steps a reasonable person would have been satisfied—

i

that P was over 18, and

ii

if the buyer was an individual, that P was the buyer.

(9)

It is a defence for a person charged with an offence under subsection (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product.

(10)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale;

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(11)

In this section—

“collection point” has the meaning given in section 40A;

“identity document” has the meaning given in section 40.

Further defences to offences under sections 38 to 40C

40D

The appropriate national authority may by regulations provide for other defences for a person charged with an offence under any of sections 38 to 40C.

(6)

In section 41 (meaning of “bladed product” in sections 38 to 40)—

(a)

in the heading, for “40” substitute “40C”;

(b)

in subsection (1) for “40” substitute “40C”;

(c)

in subsection (2) for “40” substitute “40C”;

(d)

in subsection (3), for “40” substitute “40C”;

(e)

in subsection (4) for “40” substitute “40C”.

(7)

In section 42 (delivery of knives etc pursuant to arrangement with seller outside UK)—

(a)

in subsection (1) for paragraphs (c) to (e) substitute—

(c)

before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—

i

to deliver bladed articles for the seller, or

ii

to arrange the delivery of bladed articles for the seller,

(d)

the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed articles, and

(e)

pursuant to that arrangement, the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf.

;

(b)

omit subsections (2) and (3);

(c)

for subsections (4) to (9) substitute—

(4)

The contractor commits an offence if, when the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the buyer is an individual, is the buyer.

(4A)

A person acting on the contractor’s behalf commits an offence if—

(a)

the bladed article is finally delivered by that person or another person acting on the contractor’s behalf, and

(b)

it is not delivered into the hands of a person who—

i

is aged 18 or over, and

ii

if the buyer is an individual, is the buyer.

(4B)

It is a defence for a person charged with an offence under subsection (4) or (4A) to show that the delivery conditions were met.

(4C)

It is a defence for a person charged with an offence under subsection (4) or (4A) who did not finally deliver the bladed article to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(4D)

It is a defence for a person charged with an offence under subsection (4A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed article.

(4E)

For the purposes of this section a person acts on the contractor’s behalf if the person acts in relation to the bladed article pursuant to a relevant arrangement with—

(a)

the contractor, or

(b)

a person who acts on the contractor’s behalf.

(4F)

A “relevant arrangement” is an arrangement entered into before the sale of the bladed article by which the person agreed to finally deliver, or to arrange the final delivery of, bladed articles (whether or not the person was aware that the arrangement covered bladed articles).

(4G)

In this section the “delivery conditions” has the meaning given by section 40(7).

;

(d)

in subsection (10)—

i

for “subsection (4)” substitute “this section”;

ii

in paragraph (b) omit “Scotland or”;

iii

after paragraph (b) insert—

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(8)

After section 42 insert—

Interpretation of sections 38 to 42

42A

(1)

This section applies for the interpretation of sections 38 to 42.

(2)

A person (“A”) is not in the presence of another person (“B”) at any time if—

(a)

where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b)

where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(3)

A person other than an individual—

(a)

is within the United Kingdom at any time, if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time;

(b)

is outside the United Kingdom at any time, if the person does not carry on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.

(4)

The “appropriate national authority” is—

(a)

in relation to England and Wales, the Secretary of State;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Northern Ireland, the Department of Justice in Northern Ireland.

(5)

A person charged with an offence is to be taken to have shown a matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(9)

In section 68 (regulations and orders)—

(a)

in subsection (2) after “State” insert, “, except for regulations under section 40(8)(d),”;

(b)

after subsection (2) insert—

(2A)

A statutory instrument containing regulations under section 40(8)(d) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

;

(c)

in subsection (3)—

i

omit “, 40(10)(c)”;

ii

after “is” insert “, and regulations made by the Scottish Ministers under section 40(8)(d) are,”;

(d)

in subsection (4) for “40(13)” substitute “40(7)(a)(ii), 40C(8)(a)(ii), 40D”;

(e)

in subsection (6) after “Act” insert “, except for regulations under section 40(8)(d),”;

(f)

after subsection (6) insert—

(6A)

Regulations made by the Department of Justice under section 40(8)(d) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Sale and delivery of crossbows

Remote sale and letting of crossbows

36

(1)

The Crossbows Act 1987 is amended as follows.

(2)

In section 1 omit “unless he believes him to be eighteen years or older and has reasonable ground for the belief”.

(3)

After section 1 insert—

Defence to offence under section 1: England and Wales

1ZA

Except where section 1B applies, it is a defence for a person charged in England and Wales with an offence under section 1 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4)

In section 1A (defences: Scotland)—

(a)

in subsection (1)—

i

for “It” substitute “Except where section 1B applies, it”;

ii

after “charged” insert “in Scotland”;

(b)

in subsection (3) for paragraphs (a) to (b) substitute—

(a)

a United Kingdom passport (within the meaning of the Immigration Act 1971),

(b)

a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation,

(c)

a licence to drive a motor vehicle—

i

granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or

ii

issued in the form of a photocard by a member State, or

;

(c)

for the heading substitute “Defence to offence under section 1: Scotland”.

(5)

After section 1A insert—

Defence to offence under section 1: remote sales etc

1B

(1)

This section applies if—

(a)

a person (“A”) is charged with an offence under section 1, and

(b)

A was not in the presence of the person (“B”) to whom the crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire.

(2)

It is a defence for A to show that the following conditions are met.

(3)

Condition 1 is that, before the sale or letting on hire—

(a)

A either—

i

obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or

ii

took such steps to verify B’s age as may be prescribed in regulations made by the relevant national authority, and

(b)

on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that B was aged 18 or over.

(4)

For the purposes of subsection (3) an “identity document” means—

(a)

a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b)

a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c)

a relevant driving licence;

(d)

any other document specified in regulations made by the relevant national authority.

(5)

In subsection (4)(c) a “relevant driving licence” means—

(a)

in relation to England and Wales, a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(b)

in relation to Scotland, a licence to drive a motor vehicle—

i

granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or

ii

issued in the form of a photocard by a member State.

(6)

Condition 2 is that when the package containing the crossbow or part of a crossbow was dispatched by A, it was clearly marked to indicate—

(a)

that it contained a crossbow or part of a crossbow, and

(b)

that, when finally delivered, it should only be delivered into the hands of B.

(7)

Condition 3 is that A took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B.

(8)

Condition 4 is that A did not deliver the package, or arrange for its delivery, to a locker.

(9)

Where the crossbow or part of a crossbow was dispatched by A to a place from which it was to be collected by B, references in subsections (6) and (7) to its final delivery are to be read as its supply to B from that place.

(10)

In subsection (8) “locker” means a lockable container to which the package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.

Delivery of crossbows

37

In the Crossbows Act 1987, after section 1B (inserted by section 36) insert—

Offence of seller etc delivering crossbows or parts of crossbows to residential premises

1C

(1)

This section applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and

(b)

A and B are not in each other’s presence at the time of the sale.

(2)

A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a)

delivers the crossbow or part of a crossbow to residential premises, or

(b)

arranges for its delivery to residential premises.

(3)

A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a)

delivers the crossbow or part of a crossbow to a locker, or

(b)

arranges for its delivery to a locker.

(4)

In subsection (3) “locker” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.

(5)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(c)

on conviction on indictment in Scotland, to imprisonment for a term not exceeding 6 months or a fine (or both).

(6)

The “maximum term for summary offences”, in relation to an offence, means—

(a)

if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

Defences to offences under section 1C

1D

(1)

It is a defence for a person charged with an offence under section 1C(2)(a) to show that the delivery conditions were met.

(2)

It is a defence for a person charged with an offence under section 1C(2)(b) to show that—

(a)

the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and

(b)

the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met.

(3)

It is a defence for a person charged with an offence under section 1C(3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4)

For the purposes of this section the delivery conditions are that—

(a)

the person finally delivering the crossbow or part of a crossbow—

i

was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or

ii

took such steps to verify P’s age and identity as may be prescribed in regulations made by the relevant national authority, and

(b)

on the basis of that document or those steps a reasonable person would have been satisfied—

i

that P was aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(5)

“Identity document” has the same meaning as in section 1B(4).

(6)

The relevant national authority may by regulations provide for other defences for a person charged with an offence under section 1C.

Offence of contractor delivering crossbows or parts of crossbows to residential premises on behalf of UK seller

1E

(1)

This section applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c)

before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—

i

to deliver crossbows or parts of crossbows for A, or

ii

to arrange the delivery of crossbows or parts of crossbows for A,

(d)

C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e)

pursuant to the arrangement, C or a person acting on C’s behalf finally delivers the crossbow or part of a crossbow to residential premises.

(2)

C commits an offence if, when the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(3)

A person acting on C’s behalf commits an offence if—

(a)

the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C’s behalf, and

(b)

it is not delivered into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(4)

It is a defence for a person charged with an offence under subsection (2) or (3) to show that the delivery conditions (within the meaning of section 1D(4)) were met.

(5)

It is a defence for a person charged with an offence under subsection (2) or (3) who did not finally deliver the crossbow or part of a crossbow to residential premises to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6)

It is a defence for a person charged with an offence under subsection (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(7)

For the purposes of this section a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a)

C, or

(b)

a person who acts on C’s behalf.

(8)

A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

(9)

The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

(10)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment in Scotland, to a fine.

Offence of UK seller etc delivering crossbows or parts of crossbows to collection point

1F

(1)

This section applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time.

(2)

A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a)

delivers the crossbow or part of a crossbow to a collection point, or

(b)

arranges for the crossbow or part of a crossbow to be delivered to a collection point.

(3)

It is a defence for a person charged with an offence under subsection (2)(a) to show that—

(a)

when the package containing the crossbow or part of a crossbow was delivered to the collection point, it was clearly marked to indicate that it contained a crossbow or a part of a crossbow and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b)

the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(4)

It is a defence for a person charged with an offence under subsection (2)(b) to show that—

(a)

when the package containing the crossbow or part of a crossbow was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b)

the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(5)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment in Scotland, to a fine.

(6)

“Collection point” means a place—

(a)

from which the crossbow or part of a crossbow may be collected by the person to whom the crossbow or part of a crossbow was sold or let on hire or a person acting on behalf of that person, and

(b)

where on collection the crossbow or part of a crossbow is given by an individual to the person to whom the crossbow or part of a crossbow was sold or let on hire, or a person acting on behalf of that person.

(7)

The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

Offence of contractor delivering crossbows or parts of crossbows to collection point

1G

(1)

This section applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c)

before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—

i

to deliver crossbows or parts of crossbows for A, or

ii

to arrange the delivery of crossbows or parts of crossbows for A, and

(d)

C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows.

(2)

C commits an offence if, pursuant to the arrangement, C or a person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(3)

A person acting on C’s behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(4)

For the purposes of this section, a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a)

C, or

(b)

a person who acts on C’s behalf.

(5)

A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

(6)

It is a defence for a person charged with an offence under this section to show that—

(a)

when they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C’s behalf, the package was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(7)

It is a defence for a person charged with an offence under this section to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(8)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment in Scotland, to a fine.

(9)

“Collection point” has the meaning given in section 1F.

(10)

The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

Handing over crossbows or parts of crossbows at collection point

1H

(1)

This section applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c)

the crossbow or part of a crossbow is delivered to a collection point, and

(d)

condition A or condition B is satisfied.

(2)

Condition A is that—

(a)

the delivery is pursuant to an arrangement entered into before the delivery by—

i

the person operating the collection point (“the operator”), and

ii

A or the person delivering the crossbow or part of a crossbow to the collection point, and

(b)

the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of crossbows or parts of crossbows.

(3)

Condition B is that A is the operator.

(4)

The operator commits an offence if the operator (or a person acting on behalf of the operator)—

(a)

gives the crossbow or part of a crossbow to a person collecting it, but

(b)

does not give it into the hands of an eligible person.

(5)

A person acting on behalf of the operator commits an offence if they—

(a)

give the crossbow or part of a crossbow to a person collecting it, but

(b)

do not give it into the hands of an eligible person.

(6)

“Eligible person” means a person who—

(a)

is aged 18 or over, and

(b)

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(7)

It is a defence for a person charged with an offence under subsection (4) or (5) to show that the collection conditions were met.

(8)

The collection conditions are that—

(a)

the individual giving the crossbow or part of a crossbow to the person (“P”) collecting it—

i

was shown by P an identity document issued to P in a physical form, or

ii

took such steps to verify P’s age and identity as may be prescribed in regulations made by the relevant national authority, and

(b)

on the basis of that document or those steps a reasonable person would have been satisfied—

i

that P was aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(9)

It is a defence for a person charged with an offence under subsection (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(10)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment in Scotland, to a fine.

(11)

In this section—

“collection point” has the meaning given in section 1F;

“identity document” has the meaning given in section 1B(4).

(12)

The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section.

Offence of contractor delivering crossbows or parts of crossbows on behalf of non-UK seller

1I

(1)

This section applies if—

(a)

a person (“A”) sells or lets for hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time,

(c)

before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—

i

to deliver crossbows or parts of crossbows for A, or

ii

to arrange the delivery of crossbows or parts of crossbows for A,

(d)

C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e)

pursuant to the arrangement, C or a person acting on C’s behalf finally delivers the crossbow or part of a crossbow.

(2)

C commits an offence if, when the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(3)

A person acting on C’s behalf commits an offence if—

(a)

the crossbow or part of a crossbow is finally delivered by that person or another person acting on C’s behalf, and

(b)

it is not delivered into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(4)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment in Scotland, to a fine.

(5)

It is a defence for a person charged with an offence under subsection (2) or (3) to show that the delivery conditions (within the meaning of section 1D(4)) were met.

(6)

It is a defence for a person charged with an offence under subsection (2) or (3) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(7)

It is a defence for a person charged with an offence under subsection (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(8)

For the purposes of this section a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a)

C, or

(b)

a person who acts on C’s behalf.

(9)

A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

Sale and delivery of crossbows: supplementary provision

38

(1)

After section 1I of the Crossbows Act 1987 (inserted by section 37) insert—

Interpretation of sections 1B to 1I

1J

(1)

This section applies for the interpretation of sections 1B to 1I.

(2)

“Relevant national authority” means—

(a)

in relation to England and Wales, the Secretary of State;

(b)

in relation to Scotland, the Scottish Ministers.

(3)

A person (“A”) is not in the presence of another person (“B”) at any time if—

(a)

where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b)

where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(4)

A person other than an individual—

(a)

is within the United Kingdom at any time, if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time;

(b)

is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time.

(5)

“Residential premises” means premises used solely for residential purposes.

(6)

The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises.

(7)

A person charged with an offence is taken to have shown a matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(2)

After section 6 of the Crossbows Act 1987 insert—

Regulations

6A

(1)

Regulations made by the Secretary of State under this Act are to be made by statutory instrument.

(2)

The Secretary of State may not make a statutory instrument containing regulations under this Act, other than regulations under section 1B(4)(d), unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3)

A statutory instrument containing regulations made by the Secretary of State under section 1B(4)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Regulations made by the Scottish Ministers under this Act, other than regulations under section 1B(4)(d), are subject to the affirmative procedure.

(5)

Regulations made by the Scottish Ministers under section 1B(4)(d) are subject to the negative procedure.

(6)

For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

(3)

In section 66(1) of the Offensive Weapons Act 2019 (guidance by Secretary of State), after paragraph (ga) (inserted by section 42) insert—

(gb)

any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of crossbows) as they have effect in relation to England and Wales,

.

(4)

In section 66(2) of that Act (guidance by Scottish Ministers), after paragraph (a) insert—

(aa)

any of sections 1 to 3 of the Crossbows Act 1987 as they have effect in relation to Scotland,

.

Remote sale and letting of crossbows: Northern Ireland

39

(1)

The Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) is amended as follows.

(2)

In Article 3 omit “, unless he believes him to be eighteen years of age or older and has reasonable ground for the belief”.

(3)

After Article 3 insert—

Defence to offence under Article 3

3A

Except where Article 3B applies, it is a defence for a person charged with an offence under Article 3 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Defence to offence under Article 3: remote sales etc

3B

(1)

This Article applies if—

(a)

a person (“A”) is charged with an offence under Article 3, and

(b)

A was not in the presence of the person (“B”) to whom the crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire.

(2)

It is a defence for A to show that the following conditions are met.

(3)

Condition 1 is that, before the sale or letting on hire—

(a)

A either—

i

obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or

ii

took such steps to verify B’s age as may be prescribed in regulations made by the Department of Justice, and

(b)

on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that B was aged 18 or over.

(4)

For the purposes of paragraph (3) an “identity document” means—

(a)

a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b)

a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c)

a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or Part 3 of the Road Traffic Act 1988;

(d)

any other document specified in regulations made by the Department of Justice.

(5)

Condition 2 is that when the package containing the crossbow or part of a crossbow was dispatched by A, it was clearly marked to indicate—

(a)

that it contained a crossbow or part of a crossbow, and

(b)

that, when finally delivered, it should only be delivered into the hands of B.

(6)

Condition 3 is that A took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B.

(7)

Condition 4 is that A did not deliver the package, or arrange for its delivery, to a locker.

(8)

Where the crossbow or part of a crossbow was dispatched by A to a place from which it was to be collected by B, references in paragraphs (5) and (6) to its final delivery are to be read as its supply to B from that place.

(9)

In paragraph (7) “locker” means a lockable container to which the package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.

Delivery of crossbows: Northern Ireland

40

In the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)), after Article 3B (inserted by section 39) insert—

Offence of seller etc delivering crossbows or parts of crossbows to residential premises

3C

(1)

This Article applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and

(b)

A and B are not in each other’s presence at the time of the sale.

(2)

A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a)

delivers the crossbow or part of a crossbow to residential premises, or

(b)

arranges for its delivery to residential premises.

(3)

A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a)

delivers the crossbow or part of a crossbow to a locker, or

(b)

arranges for its delivery to a locker.

(4)

In paragraph (3) “locker” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on B’s behalf, in accordance with arrangements made between A and B.

Defences to offences under Article 3C

3D

(1)

It is a defence for a person charged with an offence under Article 3C(2)(a) to show that the delivery conditions were met.

(2)

It is a defence for a person charged with an offence under Article 3C(2)(b) to show that—

(a)

the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and

(b)

the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met.

(3)

It is a defence for a person charged with an offence under Article 3C(3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4)

For the purposes of this Article the delivery conditions are that—

(a)

the person finally delivering the crossbow or part of a crossbow—

i

was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or

ii

took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and

(b)

on the basis of that document or those steps, a reasonable person would have been satisfied—

i

that P was aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(5)

“Identity document” has the same meaning as in Article 3B(4).

Offence of contractor delivering crossbows or parts of crossbows to residential premises on behalf of UK seller

3E

(1)

This Article applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c)

before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—

i

to deliver crossbows or parts of crossbows for A, or

ii

to arrange the delivery of crossbows or parts of crossbows for A,

(d)

C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e)

pursuant to that arrangement, the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf.

(2)

C commits an offence if, when the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(3)

A person acting on C’s behalf commits an offence if—

(a)

the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C’s behalf, and

(b)

it is not delivered into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(4)

It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met.

(5)

It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to residential premises to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6)

It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(7)

For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a)

C, or

(b)

a person who acts on C’s behalf.

(8)

A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

Offence of UK seller delivering crossbows or parts of crossbows to collection point

3F

(1)

This Article applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time.

(2)

A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—

(a)

delivers the crossbow or part of a crossbow to a collection point, or

(b)

arranges for the crossbow or part of a crossbow to be delivered to a collection point.

(3)

It is a defence for a person charged with an offence under paragraph (2)(a) to show that—

(a)

when the package containing the crossbow or part of a crossbow was delivered to the collection point, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b)

the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(4)

It is a defence for a person charged with an offence under paragraph (2)(b) to show that—

(a)

when the package containing the crossbow or part of a crossbow was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b)

the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(5)

“Collection point” means a place—

(a)

from which the crossbow or part of a crossbow may be collected by the person to whom the crossbow or part of a crossbow was sold or let on hire or a person acting on that person’s behalf, and

(b)

where on collection the crossbow or part of a crossbow is given by an individual to the person to whom the crossbow or part of a crossbow was sold or let on hire, or a person acting on that person’s behalf.

Offence of contractor delivering crossbows or parts of crossbows to collection point

3G

(1)

This Article applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c)

before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—

i

to deliver crossbows or parts of crossbows for A, or

ii

to arrange the delivery of crossbows or parts of crossbows for A, and

(d)

C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows.

(2)

C commits an offence if, pursuant to the arrangement, C or a person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(3)

A person acting on C’s behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.

(4)

It is a defence for a person charged with an offence under this Article to show that—

(a)

when they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C’s behalf, the package was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.

(5)

It is a defence for a person charged with an offence under this Article to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(6)

For the purposes of this Article, a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a)

C, or

(b)

a person who acts on C’s behalf.

(7)

A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

(8)

“Collection point” has the meaning given in Article 3F.

Offence of handing over crossbows or parts of crossbows at collection point

3H

(1)

This Article applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c)

the crossbow or part of a crossbow is delivered to a collection point, and

(d)

condition A or condition B is satisfied.

(2)

Condition A is that—

(a)

the delivery is pursuant to an arrangement entered into before the delivery by—

i

the person operating the collection point (“the operator”), and

ii

A or the person delivering the crossbow or part of a crossbow to the collection point, and

(b)

the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of crossbows or parts of crossbows.

(3)

Condition B is that A is the operator.

(4)

The operator commits an offence if the operator (or a person acting on the operator’s behalf)—

(a)

gives the crossbow or part of a crossbow to a person collecting it, but

(b)

does not give it into the hands of an eligible person.

(5)

A person acting on the operator’s behalf commits an offence if they—

(a)

give the crossbow or part of a crossbow to a person collecting it, but

(b)

do not give it into the hands of an eligible person.

(6)

“Eligible person” means a person who—

(a)

is aged 18 or over, and

(b)

if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.

(7)

It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the collection conditions were met.

(8)

The collection conditions are that—

(a)

the individual giving the crossbow or part of a crossbow to the person (“P”) collecting it—

i

was shown by P an identity document issued to P in a physical form, or

ii

took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and

(b)

on the basis of that document or those steps, a reasonable person would have been satisfied—

i

that P was aged 18 or over, and

ii

if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.

(9)

It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.

(10)

In this Article—

“collection point” has the meaning given in Article 3F;

“identity document” has the meaning given in Article 3B(4).

Offence of contractor delivering crossbows or parts of crossbows on behalf of non-UK seller

3I

(1)

This Article applies if—

(a)

a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),

(b)

A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time,

(c)

before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—

i

to deliver crossbows or parts of crossbows for A, or

ii

to arrange the delivery of crossbows or parts of crossbows for A,

(d)

C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and

(e)

the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf.

(2)

C commits an offence if, when the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(3)

A person acting on C’s behalf commits an offence if—

(a)

the crossbow or part of a crossbow is finally delivered by that person or another person acting on C’s behalf, and

(b)

it is not delivered into the hands of a person who—

i

is aged 18 or over, and

ii

if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(4)

It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met.

(5)

It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6)

It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.

(7)

For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—

(a)

C, or

(b)

a person who acts on C’s behalf.

(8)

A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).

Sale and delivery of crossbows: Northern Ireland: supplementary provision

41

(1)

After Article 3I of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (inserted by section 40) insert—

Interpretation of Articles 3A to 3I

3J

(1)

This Article applies for the interpretation of Articles 3A to 3I.

(2)

A person (“A”) is not in the presence of another person (“B”) at any time if—

(a)

where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b)

where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(3)

A person other than an individual—

(a)

is within the United Kingdom at any time if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time;

(b)

is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time.

(4)

“Residential premises” means premises used solely for residential purposes.

(5)

The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises.

(6)

A person charged with an offence is to be taken to have shown a matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

Power to create other defences by regulations

3K

The Department of Justice may by regulations provide for other defences for a person charged with an offence under any of Articles 3C, 3E, 3F, 3G or 3H.

(2)

In Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (punishments)—

(a)

in paragraph (1) for “this Order” substitute “Article 3, 4 or 5”;

(b)

after paragraph (1) insert—

(1A)

A person guilty of an offence under Article 3C is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(1B)

A person guilty of an offence under Article 3E, 3F, 3G, 3H or 3I is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)

After Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) insert—

Regulations

9

(1)

Regulations made by the Department of Justice under Article 3B(4)(d) are subject to negative resolution.

(2)

Regulations under any other provision of this Order may not be made by the Department of Justice unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

(4)

In section 66(3) of the Offensive Weapons Act 2019 (guidance on offences relating to offensive weapons etc), after paragraph (d) insert—

(da)

any of Articles 3 to 3I of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (sale etc of crossbows),

.

Duty to report bulk sales of knives etc

Duty to report remote sales of knives etc in bulk: England and Wales and Scotland

42

(1)

In the Criminal Justice Act 1988, after section 141C insert—

Duty to report remote sales of knives etc in bulk

141D

(1)

A person (“the seller”) must, in accordance with requirements specified in regulations made by the Secretary of State by statutory instrument, report to the person specified in the regulations any reportable sales the seller makes of bladed articles.

(2)

A reportable sale of bladed articles occurs where the seller, in any of the ways set out in subsection (4), sells—

(a)

six or more bladed articles, none of which form a qualifying set of bladed articles;

(b)

two or more qualifying sets of bladed articles;

(c)

one or more qualifying sets of bladed articles and five or more bladed articles that do not form a qualifying set.

(3)

“Qualifying set of bladed articles” means three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others.

(4)

The ways are—

(a)

in a single remote sale where the bladed articles are to be delivered to an address in the United Kingdom, or

(b)

in two or more remote sales in any period of 30 days—

i

to one person, where the bladed articles are to be delivered to one or more addresses in the United Kingdom, or

ii

to two or more persons, where the bladed articles are to be delivered to the same residential premises in the United Kingdom.

(5)

A sale of bladed articles is “remote” if the seller is not in the presence of the person (“the buyer”) to whom the bladed articles are sold at the time of the sale.

(6)

For the purposes of subsection (5) the seller is not in the presence of the buyer at the time of the sale if—

(a)

where the seller is an individual, the seller or a person acting on the seller’s behalf is not in the presence of the buyer at that time;

(b)

where the seller is not an individual, a person acting on the seller’s behalf is not in the presence of the buyer at that time.

(7)

A sale is not reportable if the buyer—

(a)

informs the seller that the buyer is carrying on a business, and

(b)

is—

i

registered for value added tax under the Value Added Tax Act 1994, or

ii

registered as a company under the Companies Act 2006.

(8)

A person who fails to comply with subsection (1) commits an offence.

(9)

It is a defence for a person charged with an offence under subsection (8) to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(10)

A person is to be taken to have shown a matter for the purposes of this section if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(11)

A person who commits an offence under subsection (8) is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment in Scotland, to a fine.

(12)

In this section—

“bladed article” means an article to which section 141A applies, other than a knife which does not have a sharp point and is designed for eating food;

“residential premises” means premises used for residential purposes (whether or not also used for other purposes).

(13)

Regulations made by the Secretary of State under subsection (1) may in particular include requirements about—

(a)

how reports are to be made,

(b)

when reports are to be made, and

(c)

the information reports must include.

(14)

A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(15)

The Secretary of State may by regulations made by statutory instrument amend—

(a)

the number of bladed articles specified in subsection (2)(a);

(b)

the number of qualifying sets specified in subsection (2)(b);

(c)

the number of qualifying sets specified in subsection (2)(c);

(d)

the number of bladed articles specified in subsection (2)(c);

(e)

the period specified in subsection (4)(b).

(16)

A statutory instrument containing regulations under subsection (15) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(17)

The Secretary of State must consult the Scottish Ministers before making regulations under this section.

(2)

In the Offensive Weapons Act 2019—

(a)

in section 66(1) (guidance by Secretary of State) after paragraph (g) insert—

(ga)

section 141D of that Act (duty to report remote sales of knives etc in bulk) as it has effect in relation to England and Wales,

;

(b)

in section 66(2) (guidance by Scottish Ministers) after paragraph (d) insert—

(da)

section 141D of that Act as it has effect in relation to Scotland,

.

Duty to report remote sale of knives etc in bulk: Northern Ireland

43

(1)

The Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) is amended as follows.

(2)

After Article 54A insert—

Duty to report remote sales of knives etc in bulk

54B

(1)

A person (“the seller”) must, in accordance with requirements specified in an order made by the Department of Justice, report to the person specified in the order any reportable sales the seller makes of bladed articles.

(2)

A reportable sale of bladed articles occurs where the seller, in any of the ways set out in paragraph (4), sells—

(a)

six or more bladed articles, none of which form a qualifying set of bladed articles;

(b)

two or more qualifying sets of bladed articles;

(c)

one or more qualifying sets of bladed articles and five or more bladed articles that do not form a qualifying set.

(3)

“Qualifying set of bladed articles” means three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others.

(4)

The ways are—

(a)

in a single remote sale where the bladed articles are to be delivered to an address in the United Kingdom, or

(b)

in two or more remote sales in any period of 30 days—

i

to one person, where the bladed articles are to be delivered to one or more addresses in the United Kingdom, or

ii

to two or more persons, where the bladed articles are to be delivered to the same residential premises in the United Kingdom.

(5)

A sale of bladed articles is “remote” if the seller is not in the presence of the person (“the buyer”) to whom the bladed articles are sold at the time of the sale.

(6)

For the purposes of paragraph (5) the seller is not in the presence of the buyer at the time of the sale if—

(a)

where the seller is an individual, the seller or a person acting on the seller’s behalf is not in the presence of the buyer at that time;

(b)

where the seller is not an individual, a person acting on the seller’s behalf is not in the presence of the buyer at that time.

(7)

A sale is not reportable if the buyer—

(a)

informs the seller that the buyer is carrying on a business, and

(b)

is—

i

registered for value added tax under the Value Added Tax Act 1994, or

ii

registered as a company under the Companies Act 2006.

(8)

A person who fails to comply with paragraph (1) commits an offence.

(9)

It is a defence for a person charged with an offence under paragraph (8) to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(10)

A person is to be taken to have shown a matter for the purposes of this Article if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(11)

A person who commits an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12)

In this section—

(a)

“bladed article” means an article to which Article 54 applies, other than a knife which does not have a sharp point and is designed for eating food;

(b)

“residential premises” means premises used for residential purposes (whether or not also used for other purposes).

(13)

An order made by the Department of Justice under paragraph (1) may in particular include requirements about—

(a)

how reports are to be made,

(b)

when reports are to be made, and

(c)

the information reports must include.

(14)

The Department of Justice may by order amend—

(a)

the number of bladed articles specified in paragraph (2)(a);

(b)

the number of qualifying sets specified in paragraph (2)(b);

(c)

the number of qualifying sets specified in paragraph (2)(c);

(d)

the number of bladed articles specified in paragraph (2)(c);

(e)

the period specified in paragraph (4)(b).

(3)

In Article 57 (rules and orders)—

(a)

the existing text becomes paragraph (1);

(b)

in that paragraph for “or 54(3)(c)” substitute “, 54(3)(c) or 54B(1)”;

(c)

after that paragraph insert—

(2)

An order may not be made under Article 54B(14) unless a draft of the order has been laid before and approved by a resolution of the Northern Ireland Assembly.

(4)

In the Offensive Weapons Act 2019, in section 66(3) (guidance by Department of Justice) after paragraph (f) insert—

(fa)

Duty to make order for offence of assaulting retail worker

331A

(1)

This section applies where—

(a)

a person is convicted of an offence under section 45 of the Crime and Policing Act 2026 (assault of retail worker),

(b)

the prosecution makes an application to the court for a criminal behaviour order to be made against the offender,

(c)

the offender is aged 18 or over at the time the prosecution makes the application, and

(d)

the court does not impose a custodial sentence or make a youth rehabilitation order, a community order, or a suspended sentence order in respect of—

i

the offence mentioned in paragraph (a),

ii

any other offence of which the offender is convicted by or before it, or

iii

any other offence for which it deals with the offender.

(2)

Section 331 applies as if for subsections (2) and (3) of that section there were substituted—

(2)

Subject to subsection (3), the court must, in addition to dealing with the offender for the offence, make a criminal behaviour order against the offender.

(3)

Subsection (2) does not apply if—

(a)

the court is of the opinion that there are exceptional circumstances which—

i

relate to the offence or the offender, and

ii

justify not making a criminal behaviour order, or

(b)

the court makes an order for absolute discharge under section 79 in respect of the offence.

(3)

Section 332 applies as if for subsection (1) of that section there were substituted—

(1)

For the purpose of forming an opinion as to whether there are exceptional circumstances as mentioned in subsection (3)(a) of section 331 (as modified by subsection (2) of section 331A), the court may consider evidence led by the prosecution and evidence led by the offender.

Theft from shop triable either way irrespective of value of goods

47

(1)

In the Magistrates’ Courts Act 1980, omit section 22A (low-value shoplifting to be a summary offence).

(2)

In consequence of the amendment made by subsection (1)—

(a)

in the Magistrates’ Courts Act 1980—

i

in section 2(3)(a) for “22A” substitute “22”;

ii

in section 143, omit subsections (2)(aza) and (3)(aa);

(b)

in the Criminal Attempts Act 1981, omit—

i

section 1(5);

ii

in section 4(1)(c), the words from “or is low-value” to “1980),”;

(c)

in section 51(2)(b) of the Crime and Disorder Act 1998, omit “22A(2)(b),”;

(d)

in section 84 of the Armed Forces Act 2006, omit subsection (2A);

(e)

in the Anti-social Behaviour, Crime and Policing Act 2014, omit section 176;

(f)

in the Criminal Justice and Courts Act 2015, omit section 52;

(g)

in section 6 of the Judicial Review and Courts Act 2022, omit subsection (3).

(3)

The amendments made by this section do not apply in relation to an offence committed before this section comes into force.

(7)

(3)

It is a defence for a person charged with an offence under this section of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator.

(4)

For further defences, see section 52E.

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(6)

In this section—

“CSA image-generator” has the meaning given by subsection (1)(b);

“CSA image” means an indecent photograph or pseudo-photograph of a child, within the meaning of section 52;

“thing” includes a program, information in electronic form and a service.

Section 52D: supplementary

52E

(1)

It is a defence for a person charged with an offence under section 52D—

(a)

to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b)

to prove that the person was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”) and did the act which constituted the offence for the purposes of the exercise of any function of the security body, or

(c)

to prove that the person—

i

was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and

ii

did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.

(2)

An internet service provider does not commit an offence under section 52D by—

(a)

providing access to a communication network, or

(b)

transmitting, in a communication network, information provided by a user, if the provider does not—

i

initiate the transmission,

ii

select the recipient of the transmission, or

iii

select or modify the information contained in the transmission.

(3)

The references in subsection (2) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a)

is automatic, intermediate and transient,

(b)

is solely for the purpose of carrying out the transmission in the network, and

(c)

is for no longer than is reasonably necessary for the transmission.

(4)

An internet service provider does not commit an offence under section 52D by storing information provided by a user for transmission in a communication network if—

(a)

the storage of the information—

i

is automatic, intermediate and temporary, and

ii

is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b)

the internet service provider—

i

does not modify the information,

ii

complies with any conditions attached to having access to the information, and

iii

on knowing of a matter within subsection (5), promptly removes the information or disables access to it.

(5)

The matters within this subsection are that—

(a)

the information at the initial source of the transmission has been removed from the network,

(b)

access to it has been disabled, or

(c)

a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(6)

An internet service provider does not commit an offence under section 52D by storing information provided by a user who is not acting under the authority or control of the provider if—

(a)

when the information was provided the provider did not know that it was, or contained, a CSA image-generator, and

(b)

on knowing that the information was, or contained, a CSA image-generator, the provider promptly removed the information or disabled access to it.

(7)

Section 52D(6) applies for the purposes of this section.

(8)

In this section—

(a)

“GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994;

(b)

“OFCOM” means the Office of Communications;

(c)

a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023;

(d)

“internet service provider” means a provider of—

i

a service that is made available by means of the internet, or

ii

a service that provides access to the internet;

(e)

“user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

(2)

In Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) after paragraph 46 insert—

46A

An offence under section 52D of that Act (child sexual abuse image-generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

(3)

In the Sexual Offences (Scotland) Act 2009—

(a)

in section 55 (offences committed outside the UK) after subsection (7) insert—

(7A)

Subsection (1) applies to an act which, if done in Scotland, would constitute an offence under section 52D of the Civic Government (Scotland) Act 1982, as if references to a United Kingdom national included—

(a)

a body incorporated under the law of any part of the United Kingdom, or

(b)

an unincorporated association formed under the law of any part of the United Kingdom.

;

(b)

in Schedule 4 (sexual offences for purposes of section 55 of that Act), after paragraph 12 insert—

12A

An offence under section 52D of that Act (child sexual abuse image-generators).

Possession of advice or guidance about creating etc CSA images: England and Wales and Northern Ireland

75

(1)

Section 69 of the Serious Crime Act 2015 (possession of paedophile manual) is amended as follows.

(2)

In subsections (1) and (2)(b)(ii) after “sexually” insert “or creating CSA images”.

(3)

After subsection (2) insert—

(2A)

In this section “abusing children sexually or creating CSA images” means—

(a)

in England and Wales, doing anything that constitutes—

i

an offence under section 1 of the Protection of Children Act 1978,

ii

an offence under Part 1 of the Sexual Offences Act 2003 against a person under the age of 16, or

iii

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),

or doing anything outside England and Wales that would constitute such an offence if done in England and Wales;

(b)

in Northern Ireland, doing anything that constitutes—

i

an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)),

ii

an offence under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) against a person under the age of 16, or

iii

an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),

or doing anything outside Northern Ireland that would constitute such an offence if done in Northern Ireland;

or creating (anywhere) a prohibited image of a child within the meaning of section 62 of the Coroners and Justice Act 2009.

(4)

In subsection (8) omit the definition of “abusing children sexually”.

(5)

In Schedule 3 to the Sexual Offences Act 2003, in paragraph 93A(1) (service offences) for “35B” substitute “35C”.

(6)

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 35A (offences under the Serious Crime Act 2015) substitute—

35A

An offence under any of the following provisions of the Serious Crime Act 2015—

section 69 (possession of paedophile manual)

section 75A (strangulation or suffocation).

Possession of advice or guidance about child sexual abuse or CSA images: Scotland

76

(1)

In Part 4 of the Sexual Offences (Scotland) Act 2009 after section 41 insert—

Possession of advice or guidance about abusing children sexually or creating CSA images

41A

(1)

It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually or creating CSA images.

(2)

“Abusing children sexually or creating CSA images” means doing anything that constitutes—

(a)

an offence under section 52 or 52D of the Civic Government (Scotland) Act 1982;

(b)

an offence under section 1, 2 or 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 against a person under the age of 18;

(c)

an offence under section 10 of that Act;

(d)

an offence under section 1, or any of sections 9 to 12, of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

(e)

an offence under Part 1 or section 46 of the Sexual Offences (Scotland) Act 2009 against a person under the age of 18;

(f)

an offence under Part 4 or section 42 of that Act;

(g)

an offence under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 against a person under the age of 18 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3), (4) or (5) of that Act (prostitution and sexual exploitation),

or doing anything outside Scotland that would constitute such an offence if done in Scotland.

(3)

It is a defence for a person (D) charged with an offence under this section—

(a)

to prove that D had a legitimate reason for being in possession of the item;

(b)

to prove that—

i

D had not read, viewed or (as appropriate) listened to the item, and

ii

D did not know, and had no reason to suspect, that it contained advice or guidance about abusing children sexually or creating CSA images; or

(c)

to prove that—

i

the item was sent to D without any request made by D or on D’s behalf, and

ii

D did not keep it for an unreasonable time.

(4)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine, or to both.

(5)

In this section “item” includes anything in which information of any description is recorded.

Section 41A: supplementary provision

41B

(1)

A service provider does not commit an offence under section 41A by—

(a)

providing access to a communication network, or

(b)

transmitting, in a communication network, information provided by a user, if the provider does not—

i

initiate the transmission,

ii

select the recipient of the transmission, or

iii

select or modify the information contained in the transmission.

(2)

The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a)

is automatic, intermediate and transient,

(b)

is solely for the purpose of carrying out the transmission in the network, and

(c)

is for no longer than is reasonably necessary for the transmission.

(3)

A service provider does not commit an offence under section 41A by storing information provided by a user for transmission in a communication network if—

(a)

the storage of the information—

i

is automatic, intermediate and temporary, and

ii

is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b)

the service provider—

i

does not modify the information,

ii

complies with any conditions attached to having access to the information, and

iii

on knowing of a matter within subsection (4), promptly removes the information or disables access to it.

(4)

The matters within this subsection are that—

(a)

the information at the initial source of the transmission has been removed from the network,

(b)

access to it has been disabled, or

(c)

a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(5)

A service provider does not commit an offence under section 41A by storing information provided by a user who is not acting under the authority or control of the provider if—

(a)

when the information was provided the provider did not know that it was, or contained, advice or guidance about abusing children sexually or creating CSA images, and

(b)

on knowing that the information was, or contained, advice or guidance about abusing children sexually or creating CSA images, the provider promptly removed the information or disabled access to it.

(6)

In this section—

(a)

“service provider” means a person providing an information society service;

(b)

“information society service” means a service normally provided—

i

for remuneration,

ii

at a distance,

iii

by electronic means, and

iv

at the individual request of a user of the service;

(c)

“user”, in relation to a service provider, means a user of a service provided by the service provider.

(7)

In subsection (6)(b)—

(a)

“at a distance” means that the service is provided without the parties being simultaneously present;

(b)

“by electronic means” means that the service is—

i

sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and

ii

entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;

(c)

“at the individual request of a user of the service” means that the service is provided through the transmission of data on individual request.

(2)

In Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) after paragraph 59ZJ insert—

59ZJA

An offence under section 41A of that Act (possession of paedophile manual) if the offender—

(a)

was 18 or over, and

(b)

is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Online facilitation of child sexual exploitation and abuse

77

(1)

A person commits an offence if they carry out a relevant internet activity with the intention of facilitating child sexual exploitation and abuse.

(2)

Each of the following is a “relevant internet activity” for the purposes of this section—

(a)

providing an internet service;

(b)

maintaining or helping to maintain an internet service (or part of such a service) provided by another person;

(c)

administering, moderating or otherwise controlling access to content on an internet service;

(d)

facilitating the sharing of content on an internet service.

(3)

For the purposes of this section, a person carries out the relevant internet activity of providing an internet service if they are the provider of the service within the meaning of section 226 of the Online Safety Act 2023.

(4)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(5)

In this section—

“child sexual exploitation and abuse” means—

conduct that would constitute an offence specified in Schedule 10, or

conduct outside the United Kingdom that would constitute such an offence if it took place in the United Kingdom;

“content”, in relation to an internet service, has the meaning given by section 236(1) of the Online Safety Act 2023;

“internet service” has the meaning given by section 228 of that Act (and section 204(1) of that Act applies).

(6)

The Secretary of State may by regulations amend Schedule 10.

(7)

The Secretary of State must consult the Scottish Ministers before making regulations under subsection (6) which amend Part 2 of Schedule 10.

(8)

The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (6) which amend Part 3 of Schedule 10.

Offence under section 77 outside the United Kingdom

78

(1)

A person commits an offence under section 77 by virtue of conduct outside the United Kingdom only if subsection (2), (3) or (4) applies.

(2)

This subsection applies if—

(a)

the person is a UK national or a UK body, and

(b)

the conduct, if it took place in any part of the United Kingdom, would constitute an offence under section 77.

(3)

This subsection applies if—

(a)

the person is a UK resident,

(b)

the conduct constitutes an offence under the law in force in the country in which it took place, and

(c)

if the conduct took place in any part of the United Kingdom it would constitute an offence under section 77.

(4)

This subsection applies if—

(a)

at the time the conduct took place the person was not a UK national, a UK body or a UK resident,

(b)

the conduct constituted an offence under the law in force in the country in which it took place,

(c)

if the conduct took place in any part of the United Kingdom it would constitute an offence under section 77, and

(d)

the person meets the residence or nationality condition at the relevant time.

(5)

For the purposes of subsection (4)(d), the person meets the residence or nationality condition at the relevant time if the person is a UK national, a UK body or a UK resident when proceedings for the offence are taken in the United Kingdom (see subsection (11)).

(6)

An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (3) and (4) however it is described in that law.

(7)

The condition in subsection (3)(b) or (4)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

(a)

stating that, on the facts as alleged with respect to the conduct in question, the condition is not in the defendant’s opinion met,

(b)

showing the grounds for that opinion, and

(c)

requiring the prosecution to prove that it is met.

(8)

But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition in subsection (3)(b) or (4)(b) is met without service of a notice under subsection (7).

(9)

In the application of subsections (7) and (8) to Scotland, references to the defendant are to be read as references to the accused.

(10)

In the Crown Court, the High Court of Justiciary or the sheriff court, the question whether the condition in subsection (3)(b) or (4)(b) is met is to be decided by the judge or sheriff (as the case may be) alone.

(11)

Where an offence under section 77 is committed outside the United Kingdom—

(a)

proceedings for the offence may be taken at any place in the United Kingdom, and

(b)

the offence may for all incidental purposes be treated as having been committed at any such place.

(12)

In the application of subsection (11) to Scotland, any such proceedings against a person may be taken—

(a)

in any sheriff court district in which the person is apprehended or is in custody, or

(b)

in such sheriff court district as the Lord Advocate may determine.

(13)

In subsection (12) “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).

(14)

In this section—

“country” includes territory;

“UK body” means—

a body incorporated under the law of any part of the United Kingdom, or

an unincorporated association formed under the law of any part of the United Kingdom;

“UK national” means an individual who is—

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

a person who under the British Nationality Act 1981 is a British subject, or

a British protected person within the meaning of that Act;

“UK resident” means an individual who is habitually resident in the United Kingdom.

Liability for offence under section 77 committed by a body

79

(1)

This section applies where an offence under section 77 is committed by a body.

(2)

If the offence is committed with the consent or connivance of—

(a)

a relevant person in relation to the body, or

(b)

a person purporting to act in the capacity of a relevant person in relation to the body,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3)

In this section—

“body” means a body corporate, a partnership or an unincorporated association other than a partnership;

“relevant person”, in relation to a body, means—

in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

in the case of any other partnership, a partner;

in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.

Section 77: supplementary provision

80

(1)

Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) is amended as follows.

(2)

After paragraph 35C insert—

35D

An offence under section 77 of the Crime and Policing Act 2026 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

(3)

After paragraph 59ZL insert—

59ZM

An offence under section 77 of the Crime and Policing Act 2026 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

(4)

After paragraph 92Y insert—

92Z

An offence under section 77 of the Crime and Policing Act 2026 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

(5)

In paragraph 93A (service offences), in sub-paragraph (1), for “35C” (inserted by section 75) substitute “35D”.

(6)

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 68 (inserted by section 68) insert—

section 77 (online facilitation of child sexual exploitation and abuse)

.

Sexual offences against children under 16

81

(1)

The Sexual Offences Act 2003 is amended as follows.

(2)

After section 8 insert—

Rape and other offences against children under 16

Rape of a child under 16

8A

(1)

A person aged 18 or over (A) commits an offence if—

(a)

A intentionally penetrates the vagina, anus or mouth of another person (B) with A’s penis, and

(b)

either—

i

B is under 16 and A does not reasonably believe that B is 16 or over, or

ii

B is under 13.

(2)

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Assault of a child under 16 by penetration

8B

(1)

A person aged 18 or over (A) commits an offence if—

(a)

A intentionally penetrates the vagina or anus of another person (B) with a part of A’s body or anything else,

(b)

the penetration is sexual, and

(c)

either—

i

B is under 16 and A does not reasonably believe that B is 16 or over, or

ii

B is under 13.

(2)

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Causing or inciting a child under 16 to engage in sexual activity involving penetration

8C

(1)

A person aged 18 or over (A) commits an offence if—

(a)

A intentionally causes or incites another person (B) to engage in an activity within subsection (2),

(b)

the activity is sexual, and

(c)

either—

i

B is under 16 and A does not reasonably believe that B is 16 or over, or

ii

B is under 13.

(2)

An activity is within this subsection if it involves—

(a)

penetration of B’s anus or vagina,

(b)

penetration of B’s mouth with a person’s penis,

(c)

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)

penetration of a person’s mouth with B’s penis.

(3)

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

(3)

In section 73(2) (exceptions to aiding, abetting and counselling) after paragraph (a) insert—

(aa)

an offence under section 8A or 8B (offences against children under 16);

.

(4)

Schedule 11 contains minor and consequential amendments.

Sexual activity in presence of child etc

82

(1)

The Sexual Offences Act 2003 is amended as follows.

(2)

In section 11(1) (engaging in sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end (not including the “and” at the end of the paragraph) substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(3)

In section 18(1) (abuse of position of trust: sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(4)

In section 32(1) (engaging in sexual activity in presence of person with mental disorder impeding choice), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(5)

In section 36(1) (engaging in sexual activity in presence, procured by inducement, threat or deception, of person with mental disorder)—

(a)

in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”;

(b)

in paragraph (d) for “paragraph (c)(i)” substitute “paragraph (c)”.

(6)

In section 40(1) (care workers: sexual activity in presence of person with mental disorder), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.

(7)

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under the Sexual Offences Act 2003), after the entry for section 10 insert—

section 11 (engaging in sexual activity in presence of child)

.

Child sex offences: grooming aggravating factor

83

(1)

In the Sentencing Code after section 70 insert—

Sexual grooming of child

70A

(1)

This section applies where—

(a)

a court is considering the seriousness of a specified child sex offence,

(b)

the offence is aggravated by grooming, and

(c)

the offender was aged 18 or over when the offence was committed.

(2)

The court—

(a)

must treat the fact that the offence is aggravated by grooming as an aggravating factor, and

(b)

must state in open court that the offence is so aggravated.

(3)

An offence is “aggravated by grooming” if—

(a)

the offence was facilitated by, or involved, the offender grooming a person under the age of 18, or

(b)

the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed.

The person groomed need not have been a victim of the offence.

(4)

In this section “specified child sex offence” means—

(a)

an offence within any of subsections (5) to (7), or

(b)

an inchoate offence in relation to any such offence.

(5)

An offence is within this subsection if it is—

(a)

an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),

(b)

an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(c)

an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),

(d)

an offence under any of sections 8A to 8C of that Act (rape and other offences against children under 16),

(e)

an offence under any of sections 9 to 12 of that Act (other child sex offences),

(f)

an offence under section 14 of that Act (arranging or facilitating commission of child sex offence),

(g)

an offence under any of sections 16 to 19 of that Act (abuse of position of trust),

(h)

an offence under section 25 or 26 of that Act (familial child sex offences), or

(i)

an offence under any of sections 47 to 50 of that Act (sexual exploitation of children).

(6)

An offence is within this subsection if it is—

(a)

an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent),

(b)

an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder),

(c)

an offence under any of sections 61 to 63 of that Act (preparatory offences), or

(d)

an offence under any of sections 66 to 66B, 67 or 67A of that Act (offences relating to exposure, intimate images and voyeurism),

and the victim or intended victim was under the age of 18.

(7)

An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.

(8)

Nothing in this section prevents a court from treating any other grooming of a person as an aggravating factor.

(9)

This section applies in relation to a person convicted of an offence on or after the day on which section 83 of the Crime and Policing Act 2026 comes into force.

(2)

In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an offence), after subsection (7) insert—

(8)

In section 70A of the Sentencing Code (sexual grooming of child as aggravating factor)—

(a)

the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and

(b)

the reference in subsection (1) to a specified child sex offence is to be read as including a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified child sex offence.

Power to scan for child sexual abuse images at the border

84

After section 164A of the Customs and Excise Management Act 1979 (powers to search for cash) insert—

Power to scan for child sexual abuse images

164B

(1)

This section applies if there are reasonable grounds to suspect that a person to whom section 164 applies is carrying an electronic device storing child sexual abuse images.

(2)

If this section applies, an officer may—

(a)

scan the information stored on the device using technology approved by the Secretary of State for the purpose of ascertaining whether information stored on an electronic device includes child sexual abuse images,

(b)

require the person to permit the scan, and

(c)

require the person to take such steps as appear necessary to allow the scan to be performed.

(3)

In this section—

“child sexual abuse image” means—

in relation to England and Wales and Northern Ireland, an indecent photograph or pseudo-photograph of a child or a prohibited image of a child;

in relation to Scotland, an indecent photograph or pseudo-photograph of a child;

“electronic device” means any article on which information is capable of being stored in electronic form, and includes any component of such an article;

“indecent photograph or pseudo-photograph of a child” has—

in relation to England and Wales, the same meaning as in the Protection of Children Act 1978;

in relation to Scotland, the same meaning as in section 52 of the Civic Government (Scotland) Act 1982;

in relation to Northern Ireland, the same meaning as in the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17));

“prohibited image of a child” has the same meaning as in Chapter 2 of Part 2 of the Coroners and Justice Act 2009.

(a)

section 1 (slavery, servitude or forced or compulsory labour);

(b)

section 2 (human trafficking).

14

An offence under either of the following provisions of the Serious Crime Act 2015—

(a)

section 45 (participating in activities of organised crime group);

(b)

section 69 (possession of paedophile manual).

15

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a)

section 4 (producing psychoactive substance);

(b)

section 5 (supplying etc psychoactive substance);

(c)

section 7 (possession of psychoactive substance with intent to supply).

16

An offence under section 43 of the Border Security, Asylum and Immigration Act 2025 (possession etc of article for use in serious crime).

17

An offence under any of the following provisions of this Act—

(a)

section 48 (child criminal exploitation);

(b)

section 68 (causing internal concealment of item for criminal purpose).

18

An inchoate offence (within the meaning of section 398(3) of the Sentencing Code) in relation to an offence mentioned in a preceding paragraph of this Schedule.

Part Part 2 — Scotland

19

Theft.

20