The Criminal Justice (Northern Ireland) Order 1996

PART V MISCELLANEOUS

Certain knives and other dangerous weapons

Manufacture or sale, etc., of certain knives

53.  Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person—

(a) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a “flick knife” or “flick gun”; or

(b) any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”,

shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale or to both.

Sale of knives and certain articles with blade or point to persons under 16

54.—(1) Any person who sells to a person under the age of 16 years an article to which this Article applies shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale or to both.

(2) Subject to paragraph (3), this Article applies to—

(a) any knife, knife blade or razor blade,

(b) any axe, and

(c) any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.

(3) This Article does not apply to any article described in—

(a) Article 53,

(b) an order made under section 141(2) of the [1988 c. 33.] Criminal Justice Act 1988 (offensive weapons), or

(c) an order made by the Secretary of State under this Article.

(4) It shall be a defence for a person charged under paragraph (1) to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.

Arrest without warrant for offence of having certain weapons on school premises

55.  In Article 26(2) of the [1989 NI 12.] Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences), after sub-paragraph (f) there shall be inserted—

“(g) an offence under section 139A(1) or (2) of the Criminal Justice Act 1988 (offence of having article with blade or point (or offensive weapon) on school premises).”.

Information

Information for financial and other purposes

56.—(1) The Secretary of State shall publish such information as he considers expedient for the purpose of—

(a) enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions; or

(b) facilitating the performance by such persons of their duty to avoid discriminating against any persons on any improper ground.

(2) Publication under paragraph (1) shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the persons concerned.

(3) The Secretary of State may make rules regulating the collection of information under this Article.

Rules and orders

57.  Rules made under Article 2(2), 17, 26(5) or 56(3) and orders made under Article 4(4), 10(8)), 13(10), 38(4) or 54(3)(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

Amendments, transitional provisions and repeals

58.—(1) The statutory provisions specified in Schedule 5 shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential upon the provisions of this Order.

(2) The transitional provisions and savings contained in Schedule 6 shall have effect.

(3) The statutory provisions set out in Schedule 7 are hereby repealed to the extent specified in the third column of that Schedule.