Stricter knife sale laws: Problem solver or business burden?

Stricter rules for online retailers selling knives are set to be introduced by the government, along with tougher penalties for failing to enforce them, as it pursues every avenue to protect young people from knife crime. In response to cases where unregulated online knife sales have led to tragic deaths, retailers will now be required to report any bulk or suspicious-looking purchases to the police to prevent illegal resales via social media. These new measures, collectively known as ‘Ronan’s Law,’ honour Ronan Kanda, who was tragically killed in 2022 at age 16 in a case of mistaken identity near his Wolverhampton home. His teenage killers illegally purchased multiple weapons online, collecting them from a post office without any age or identity verification. One of them had previously bought more than 20 knives online, using his mother’s ID. To further tighten restrictions, the government will increase the maximum prison sentence for selling weapons to under-18s from six months to two years. This penalty could apply to the individual processing the sale or even the company’s CEO. By closing dangerous loopholes in online knife sales, these measures fulfill the government’s manifesto commitment to introduce Ronan’s Law. They are also a direct result of tireless campaigning by Ronan’s mother, Pooja, and sister, Nikita, who have fought to restrict young people’s access to weapons and prevent other families from suffering similar heartbreak. The government will also explore through a consultation later this year whether a registration scheme should be put in place for all online retailers selling knives so that only responsible sellers are able to sell knives. This follows the government’s recent announcement that we will significantly strengthen ID checks on the sale and delivery of knives to keep our streets safe as part of the Plan for Change. While the new law aims to reduce knife crime, Pauline Munro, partner at Gateley law firm, discusses the impact of these stricter regulations on online knife retailers. Munro is a seasoned and highly regarded regulatory lawyer with vast experience of working for clients facing regulatory intervention, including the sale of knives. She specialises in health and safety including fatal accidents, trading law and trading standards, food safety, product safety and product recall and contentious environmental matters. Munro explains that following the tragic deaths of three young girls in Southport, a two-step age verification system was introduced, requiring retailers to check a customer’s photo ID both at the point of sale and upon delivery. However, as the case of Ronan Kanda’s murder has shown, age verification processes are not foolproof, highlighting ongoing challenges in preventing knives from falling into the wrong hands. As such, she says: “Implementing both the two-step age verification process and the necessary reporting procedures will require a comprehensive review of existing policies, procedures, and staff training,” she says. Furthermore, she adds: “For online retailers, this will also require thorough examination of the policies and practices of relevant third-party service providers, particularly delivery or courier services, to ensure they are also compliant with the new regulations.” John Lewis is one of the first retailers to implement AI-driven age verification technology for online knife sales. Developed by British company Yoti, this system estimates a customer's age based on facial analysis, ensuring compliance with legal restrictions on under-18 knife purchases. This advancement has allowed John Lewis to resume online knife sales, which had been suspended since 2009. Additionally, upon delivery, the courier will perform another age check on the doorstep using photo ID. This proactive measure reflects the company’s commitment to ensuring compliance with the new regulations while enabling responsible sales. Ashley Borthwick, partner at international law firm Womble Bond Dickinson, acknowledges that while the government's proposed measures to regulate online knife sales are a significant step toward tackling knife crime, “key details remain unclear in the absence of draft legislation”. However, he notes that the proposals will place “greater responsibility on retailers”. Borthwick explains. “While these changes could improve safety, they also pose challenges for retailers, including adapting online platforms, meeting data protection requirements, and ensuring compliance at the point of delivery.” Munro highlights that one of the biggest challenges for businesses is securing buy-in and understanding from all stakeholders and staff. She says: “Individual employees must be confident that they understand what is expected of them, how they can achieve compliance, and why it is so important.” When working on cases concerning intervention by a regulatory body, Munro often reviews the business’s existing practices, looking for evidence of current compliance and gaps that may have led the business to miss or ignore certain requirements. She and her team examine whether the company has clear, up-to-date policies and procedures that are easily accessible to all staff and ensure employees are properly informed and actively engaged through training. They also look for concrete evidence that staff have read, understood, and followed these policies. She says: “A crucial factor in demonstrating compliance is what evidence does the business have of turning sales down to demonstrate that the systems they have in place are working?” Munro stresses that being able to answer these questions, and providing the evidence to support them, is crucial in proving due diligence should a retailer face charges under Section 141A of the Criminal Justice Act. In addition to John Lewis, major platforms such as Amazon and eBay have also implemented comprehensive age verification measures, requiring customers to provide photo identification both at the point of purchase and upon delivery. Furthermore, these platforms have updated their policies to mandate the reporting of bulk or suspicious knife purchases to law enforcement agencies. This measure aims to deter illegal reselling activities, particularly those targeting minors through social media channels. Companies that fail to implement the necessary safeguards around online knife sales could face intervention from both Trading Standards and the police, depending on the breach's severity, warns Munro. She explains, “Under Schedule 5 of the Consumers Rights Act 2015, Trading Standards investigatory teams have powers similar to those of the police. They can make test purchases, enter premises with or without a warrant, and gather evidence.” Enforcement actions by Trading Standards range from issuing cautions and fixed penalty notices to pursuing criminal prosecutions through the courts. Munro highlights the significant consequences of such actions, noting, “Regardless of the route taken, regulatory investigations and enforcement come with substantial reputational and financial costs.” She adds that magistrates' courts have increased penalties for businesses selling knives to under-18s, with fines for larger companies rising from £200,000 to £1m for businesses with annual turnovers exceeding £50m. For the most serious cases, larger organisations could face unlimited fines. On the other end, micro-businesses (those with a turnover of £2m or less) could risk losing their business entirely if the court deems it an "acceptable consequence." Borthwick adds that the delivery companies may also be liable for inadequate identification checks. In his opinion, this raises questions about whether “retailers will be held responsible if a third-party courier slips up and whether they’ll need to vet delivery partners before signing contracts”. Over the years, several UK companies have faced legal action for selling knives to minors, highlighting the critical need for strict adherence to age-restriction laws. For example, in 2018, B&M Bargains was fined £480,000 for repeatedly selling knives to children as young as 14 in east London, due to ineffective age verification processes. Similarly, in 2019, Tool Supplies UK Limited and Inifer Potter and Son Ltd were each fined £8,000 for selling knives online to a 13-year-old volunteer without properly verifying the buyer's age. Penalties for selling knives to under-18s have significantly increased, and CEOs are now personally liable for these violations. Given this, Munro emphasises the importance for business leaders to take proactive steps to protect themselves and their companies from potential legal repercussions. According to Munro, a good starting point is to thoroughly review all internal policies and procedures to ensure they will be compliant with the new regulations. From there, the business should provide refresher training to all staff on both existing and forthcoming requirements regarding the sale of knives. She states: “It may be helpful to cross-reference an existing framework with that recommended by the government’s voluntary agreement on the sale of knives, which provides a useful example of what good compliance looks like. It is also advisable, however, to consider whether the online sale of knives is appropriate, or whether it would be better to reserve such sales for high street locations.” Graham Wynn, assistant director of Regulatory Affairs at the British Retail Consortium, states that retailers are taking their “responsibilities seriously and are fully committed to playing their part in making sure knives don’t make their way into the wrong hands”. Borthwick emphasises the importance of staying informed, stating, “As the proposed knife sale laws evolve, keeping up with the latest updates will help businesses prepare. Additionally, clearer guidelines on age verification and ‘responsible seller’ registration could simplify compliance for online retailers and potentially encourage more to confidently sell bladed products.” While the increased penalties and personal liability for CEOs serve as strong deterrents, the real question remains: Will these measures address the root causes of knife-related incidents, or will they simply add another layer of compliance for businesses to manage? Borthwick suggests that a ‘responsible seller’ registration scheme could help combat illegal knife sales, though he notes it’s “too soon to tell if it will be effective.” A consultation later this year is expected to provide more clarity on how the scheme could function. “If it’s implemented as a licensing system, it could bring consistency across the industry and require retailers to demonstrate compliance. However, several questions remain: Will it apply to all knives? What exactly will retailers need to prove? How will the scheme be enforced? Additionally, there are concerns about whether certain knives should require licensing, similar to firearms, and the risk of knives being sourced from unregistered suppliers.” Munro states that a voluntary agreement concerning the sale of knives has been in place since 2016, with many national supermarkets, retailers, and ecommerce businesses amongst its signatories. This agreement encompasses various requirements on the sale and display of knives, both in-store and online, such as applying ‘Challenge 25’ age-verification policies to all point-of-sale transactions. In 2019, this agreement was updated to include recommendations on packaging designs and displays. She adds: “Whilst this agreement was a good starting point, it was only voluntary. Having a compulsory registration scheme in place may help to improve accountability and compliance.” Home Secretary Yvette Cooper has acknowledged that insufficient action has been taken to address the online market in recent years. “That’s why we made it an urgent priority in our manifesto,” she says. “The measures we’re introducing today will be supported by investment in a new dedicated police unit focused on targeting those who are breaking the law and putting children and teenagers' lives at risk.” Wynn concludes: “We look forward to considering the full details of the new proposal and welcome the commitment from the Home Office to meet retailers on this vital issue to ensure the safe sale of knives.”