1. At its meeting on 17 March 2026, the Delegated Powers and Law Reform Committee considered the delegated powers that are exercisable within devolved competence in the Crime and Policing Bill (“the Bill”). 

2. The Committee considered these powers under Rule 9B.3.6 of the Parliament’s Standing Orders. Rule 9B.3.6 provides that where the Bill that is subject to a Legislative Consent Memorandum (“LCM”) contains provisions conferring on the Scottish Ministers powers to make subordinate legislation, the Delegated Powers and Law Reform Committee shall consider and may report to the lead committee on those provisions.  

3. The Committee previously considered:

   1. the Legislative Consent Memorandum dated 16 May 2025,

   2. the Supplementary Legislative Consent Memorandum ("sLCM") dated 12 June 2025,

   3. the second Supplementary Legislative Consent Memorandum ("second sLCM") dated 1 August 2025, and

   4. the third Supplementary Legislative Consent Memorandum (“third sLCM”) dated 19 December 2025.

   for the Bill at its meetings on 2 and 23 September 2025, and 10 February 2026.

4. A Committee report was subsequently published on 26 September 2025 in relation to the LCM, the sLCM and the second sLCM, in which the Committee indicated it was content in principle with the majority of the powers conferred on UK Ministers and Scottish Ministers in the BillⁱIn relation to the delegated power contained in new section 86B(3) of the Sexual Offences Act 2003, as inserted by the Bill, the Committee recommended that a definition of qualifying premises insofar as relating to Scotland should be provided on the face of the Bill, with a power being taken to amend that definition, if considered appropriate (Report, paragraph 59). The Committee also drew certain matters concerning exercise of several of the powers by the Secretary of State to the lead committee’s attention. A further report (on the third sLCM) was published on 17 February 2026, in which the Committee was content with delegation of the powers in principle. The Committee again drew certain matters concerning exercise of several of the powers by the Secretary of State to the lead committee’s attention.

5. The Scottish Government has now lodged a fourth Supplementary LCM (“fourth sLCM”), on 2 March 2026. The fourth sLCM recommends consent for amendments tabled by the UK Government on 13 February 2026, appearing in the marshalled list dated 23 February 2026. The relevant amendments were subsequently agreed on 25 February 2026.

6. The lead committee for the fourth sLCM is the Criminal Justice Committee.

7. The Crime and Policing Bill was introduced by the UK Government in the House of Commons on 25 February 2025. It is currently at Report stage in the House of Lords.  

8. This is a substantial Bill. The stated purpose of the Bill in the Explanatory Notes is to halve knife crime and violence against women and girls, increase public confidence in policing and the wider criminal justice system, support neighbourhood policing, and give the police the powers they need to tackle anti-social behaviour, crime and terrorism. It is stated that it will support delivery of the UK Government’s Safer Streets Mission and implement specific commitments in the Labour Party’s 2024 manifesto.

9. On introduction, the Bill was made up of 15 Parts (137 clauses) and 17 Schedules. As amended in Lords Committee, the Bill is now made up of 220 clauses and 23 Schedules. Most of the provisions apply to England and Wales, however some provisions apply to Scotland. In its report of 26 September 2025, the Committee gave its view on the delegated powers within devolved competence which related to a number of topics across the Bill, including:

   • a new offence of “cuckooing” – controlling another’s home for criminal purposes;

   • the management of sex offenders, including requirements relating to name changes, absence from main residence, restrictions on applying for ID documents in a new name, and entering premises where children are present (for child sex offenders);

   • police powers in relation to the remote storage of electronic data;

   • expansion of the list of criminal lifestyle offences in the Scottish Schedule 4 of the Proceeds of Crime Act 2002; and

   • the creation of barred/advisory lists for the National Crime Agency and the British Transport Police.

10. In its report on the third sLCM, the Committee gave its views on delegated powers added to the Bill during Committee stage in the House or Lords, or amended at that stage. These related to:

    • offensive weapons, 

    • child criminal exploitation prevention orders,  

    • child sex abuse image generators,  

    • possession of advice or guidance about creating child sexual abuse (CSA) or CSA images,  

    • providing for a technology testing defence, and  

    • new offences relating to pornographic images of strangulation or suffocation. 

11. The fourth sLCM identifies that amendments were tabled on 13 February affecting new and amended delegated powers relating to online sales and delivery of knives and crossbows. The fourth sLCM also addresses other relevant amendments which require the Parliament’s legislative consent. In the Committee's view, they do not affect the delegated powers in the Bill, and so are not discussed in this report.

12. The Scottish Government supports the Bill and states that it recommends consent to all the relevant provisions considered in this paper.

13. The UK Government has published various Delegated Powers Memorandums ("DPMs"). Those relevant to the delegated powers covered in this report are dated 20 June 2025 and 29 October 2025.

14. As is normal for UK bills, the Scottish Government has not published a DPM. The Scottish Government’s view on the relevant clauses is set out in the fourth sLCM.

Part 2, Chapter 2: Offensive weapons

Amending the Criminal Justice Act 1988, Part 11 – Articles with blades or point and offensive weapons

New clause “Remote sale or letting of knives etc: Scotland” – inserting new section 141C(5)(a)(ii) of the Criminal Justice Act 1988: Power to prescribe an alternative process for age verification

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

New clause “Remote sale or letting of knives etc: Scotland” – inserting new section 141C(5A)(d) of the Criminal Justice Act 1988: Power to specify other physical identity documents

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: negative procedure

Provisions

15. Section 141A of the Criminal Justice Act 1988 (“the 1988 Act”) provides that it is an offence to sell or hire out a knife or other specified bladed article to a person under the age of 18.

16. Section 141C of the 1988 Act (remote sales and letting of knives) provides that there is a defence to such an offence if the buyer and seller were not in the same location at the time of sale or hire, and certain conditions regarding verification of the buyer’s age and identity are met.

17. The Bill proposes to amend some of these conditions to require that before the sale of the article: (a) the seller must have obtained from the buyer (i) a physical copy of an identity document issued to the buyer, and (ii) a photograph of the buyer; and (b) on the basis of the documents obtained under paragraph (a), a reasonable person would have been satisfied that the buyer was aged 18 or over.

18. For these purposes, new section 141C(5) and (5A) of the 1988 Act define an identity document as a UK passport, a foreign passport, or a GB or Northern Ireland driving licence. In addition, new section 141C(5A)(d) confers a power on the Scottish Ministers, by regulations, to add to the list of identity documents currently specified.

19. The amendments also enable the Scottish Ministers to prescribe an alternative process for age verification (such as digital ID), in regulations under new section 141C(5)(a)(ii). Where the seller can show that they have taken the steps prescribed in such regulations and that, having taken those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over, that will also be a defence to the offence in section 141A.

Committee consideration

20. The UK Government’s DPM (of 29 October 2025) explains that the power to specify alternative steps for age verification is intended to future proof the Bill in anticipation of the introduction of digital ID. It explains that:

    It is considered appropriate to make provision in the Bill for such new methods of confirming a person’s identity and age to be applied to the framework for identity and age verification checks in respect of the remote sale and delivery of knives and crossbows. As the introduction of trusted digital verification services remains subject to development, may need to be defined through technical specifications which are likely to vary over time as the technology develops, it is considered appropriate to leave to secondary legislation the detail of alternative methods of establishing a purchaser’s identity and age.

21. The DPM also explains that the draft affirmative procedure is considered appropriate as the relevant regulations will set out the steps which must be taken and which, if made out, would absolve a seller or delivery company of liability for the relevant offence. It states that as the precise terms of other defences are set out on the face of primary legislation, it is appropriate that a high level of parliamentary scrutiny should apply to regulations providing for other defences.

22. In relation to the power to specify other physical identity documents, in addition to those on the face of the Bill, the DPM (of 20 June 2025) explains that:

    It is considered appropriate to include powers in the Bill to add to the list of identity documents for the purposes of these schemes [schemes which apply to the remote sale and hire of offensive weapons]. Such powers are necessary given that both physical and digital identity mechanisms are subject to innovation and technological change.

23. The UK Government considers the negative procedure to be appropriate “given that any additions to the list of authorised identity documents will not alter the core requirements on online retailers to effectively establish the age and identity of their customers while, at the same time, affording greater choice and flexibility to such customers in terms of evidencing their age.”

24. In the fourth SLCM, in relation to all the powers covered in this paper, the Scottish Government states that the amendments:

    Strengthen legal requirements falling on sellers, couriers, contractors and collection point operators to ensure items are delivered directly to the buyer who must be aged at least 18. The clauses achieve this by adjusting the operation of existing defences to committal of offences falling on sellers, couriers, contractors and collection point operators so as to require more stringent steps are taken to verify age as necessary to avoid criminal liability. The amendments will give the Scottish Ministers new powers to prescribe steps which can be taken by sellers and collection point operators to demonstrate that they can satisfy the defence available to offences relating to age verification.

25. The Committee is content that the conferral of both powers on the Scottish Ministers appears to be an appropriate means of future-proofing the legislation on remote sales and lets of offensive weapons. The powers are clearly circumscribed in that they may only be used to make provision about age verification processes. The principles of the defences available to sellers are set out on the face of the Bill, with the powers only exercisable for the purposes of adjusting the means of proving identity and age.

26. The Committee is also content with the choice of affirmative procedure for the power to specify an alternative age verification process. Regulations made under this power will set out the steps which must be taken to absolve a seller of liability for the relevant offence. It is appropriate that the Parliament have a greater degree of scrutiny than would be afforded under the negative procedure, given the potential impact on affected individuals.

27. Similarly, the Committee is content that the negative procedure is appropriate for regulations made under the power to specify other physical identity documents, as these will not alter the core elements of the defence.

Amending the Offensive Weapons Act 2019, Part 3 – Sale and delivery of knives etc.

Clause 32 – inserting new section 40(4)(a)(ii) of the Offensive Weapons Act 2019: Power to prescribe an alternative process for age verification

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 32 – inserting new section 40(5)(d) of the Offensive Weapons Act 2019: Power to specify other physical identity documents

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: negative procedure

Clause 32 – inserting new section 40D(8)(a)(ii) of the Offensive Weapons Act 2019: Power to prescribe an alternative process for age verification

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 32 – inserting new section 40E of the Offensive Weapons Act 2019: Power to prescribe further defences to offences under sections 38 to 40D

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Provisions

29. Sections 38 and 39 of the Offensive Weapons Act 2019 (“the 2019 Act”) provide that it is an offence to deliver a bladed article to residential premises or to persons under the age of 18. The offences may be committed by a seller or by a delivery business operating on behalf of the seller. The Bill proposes to amend these provisions in the 2019 Act. Recently agreed amendments extend these proposed changes to Scotland. 

30. Section 40 of the 2019 Act, as amended by the Bill, provides that it is a defence for a person charged with an offence of delivering a bladed product to residential premises to show that the delivery conditions were met. The delivery conditions are that the person delivering the item was shown by the person into whose hands it was finally delivered an identity document in a physical form, or that they took other steps, prescribed in regulations made by the Scottish Ministers, to verify that person’s age and identity. In addition, it must be the case that, on the basis of the identity document, or the steps taken, a reasonable person would have been satisfied that the person to whom it was delivered was the buyer, and was aged 18 or over.

31. For these purposes, new section 40(5) of the 2019 Act defines an identity document as a UK passport, a foreign passport, or a GB or Northern Ireland driving licence. In addition, new section 40(5)(d) confers a power on the Scottish Ministers, by regulations, to add to the list of identity documents currently specified.

32. The amendments also enable the Scottish Ministers to prescribe an alternative process for age verification (such as digital ID), in regulations under new section 40(4)(a)(ii). Where the seller can show that they have taken the steps prescribed in such regulations and that, having taken those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over, the defence to the offences in sections 38 and 39 can be established.

33. New section 40D of the 2019 Act makes similar provision in respect of deliveries to collection points. It provides for an offence to be committed by a collection point operator where a bladed product purchased remotely is delivered to a collection point and is not collected by an eligible person. A defence to the offence is available where the operator can show that the collection conditions were met. Those conditions are that the operator was shown a physical identity document for the person collecting it, or took steps prescribed by the Scottish Ministers in regulations to verify age and identity, and that on the basis of the document or steps taken, a reasonable person would have been satisfied that the person collecting the item was over 18, and was the buyer.

34. The power conferred on the Scottish Ministers to prescribe an alternative process for verification of the person’s age and identity is in new section 40D(8)(a)(ii) of the 2019 Act.

35. Lastly under this clause, new section 40E of the 2019 Act confers a power on the Scottish Ministers to prescribe further defences to any of the offences under sections 38 to 40D relating to the delivery of bladed articles to residential premises or to under 18s. This replaces an analogous power in section 40(13) of the 2019 Act to prescribe such defences.

Committee consideration

36. The powers to prescribe an alternative process for age verification and to specify other physical identity documents are in the same terms as those discussed above (at paragraphs 15 to 19) in relation to the remote sale and hire of knives and other bladed articles under the Criminal Justice Act 1988. In its DPMs dated 20 June and 29 October 2025, the UK Government offers the same justification for the powers as detailed in paragraphs 20 to 23 above. Similarly, it offers the same justification for the choice of parliamentary procedure in each case.

37. The Committee is accordingly content with the powers and the choice of procedure, for the reasons given in paragraphs 25 to 27 above.

38. In relation to the power to prescribe further defences to any of the offences relating to delivery of bladed articles purchased remotely (new section 40E of the 2019 Act), the UK Government in its DPM dated 20 June 2025 states:

    It is considered appropriate to include powers to add to the list of defences, given that sale and delivery processes are subject to technological change. This may include the development of identity and age verification mechanisms that are not based on documents. Additionally, the Government may consider that it is appropriate to add additional defences to protect employees of sellers and couriers. There is an analogous power in section 40(13) of the OWA 2019 to add to defences provided for in section 40 in respect of the offences in sections 38 and 39 of that Act relating to the delivery of bladed products to residential premises and persons under 18, as such the new powers ensure parity and consistency with the existing legislation.

39. Regarding the choice of the affirmative procedure for regulations under the power in section 40E, the DPM states:

    The affirmative procedure is considered appropriate given that any regulations will narrow the scope of the relevant offences as approved by Parliament and it is therefore fitting that both Houses should first debate and approve any new defences. The application of the affirmative procedure is consistent with the approach taken in respect of the equivalent power in the OWA 2019.ⁱThe reference to both Houses of Parliament in this explanation should be read to include a reference to the Scottish Parliament, now that the Bill has been amended to confer this power on the Scottish Ministers. See the Supplementary DPM lodged 29 October 2025, at paragraph 23.

40. The Committee is content in principle with the power conferred on the Scottish Ministers to prescribe additional defences. The Committee notes the explanation that once the new rules on age verification measures to be taken by sellers and couriers are embedded, it may become apparent that additional defences are required. An analogous power exists currently in section 40(13) of the 2019 Act, and it would appear appropriate to the Committee to restate that power in relation to the new age verification measures. The power is appropriately limited to creating defences to the specified offences.

41. Similarly, the Committee considers that the affirmative procedure is appropriate, given that the relevant offences are set out in primary legislation. The Parliament should have an opportunity for detailed scrutiny of any regulations which narrow the scope of those offences. The analogous power currently in the 2019 Act is subject to the affirmative procedure.

Amending the Crossbows Act 1987– Remote sale and letting of crossbows

Clause 33 – inserting new section 1B(4)(a)(ii) of the Crossbows Act 1987: Power to prescribe an alternative process for age verification

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 33 – inserting new section 1B(5)(d) of the Crossbows Act 1987: Power to specify other physical identity documents

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: Negative procedure

Provisions

43. Under section 1B of the Crossbows Act 1987 (“the 1987 Act”), it is an offence to sell or to let a crossbow or part of a crossbow to a person under the age of 18. In terms of amendments proposed by the Bill to the 1987 Act (and now extended to Scotland), where the sale or letting of the crossbow was carried out remotely, it is a defence for the accused person to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

44. In order to demonstrate this, the accused must show that certain conditions were met. One condition (as proposed to be amended by the Bill) is that, before the sale or hire, the seller obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or took such other steps to verify the buyer’s age as may be prescribed in regulations made by the relevant national authority (in Scotland, the Scottish Ministers). In addition, it must be the case that, on the basis of the copy and photograph, or the steps taken, a reasonable person would have been satisfied that the buyer was aged 18 or over.

45. For these purposes, new section 1B of the 1987 Act defines an identity document as a UK passport, a foreign passport, or a GB or Northern Ireland driving licence. In addition, new section 1B(5)(d) confers a power on the Scottish Ministers, by regulations, to add to the list of identity documents currently specified.

46. The power enabling the Scottish Ministers to prescribe an alternative process for age verification (such as digital ID) in regulations is in new section 1B(4)(a)(ii) of the 1987 Act.

Committee consideration

47. The powers to prescribe an alternative process for age verification and to specify other physical identity documents for remote sales and hire of crossbows are in the same terms as those discussed above (at paragraphs 15 to 19) in relation to the remote sale and hire of knives and other bladed articles under the Criminal Justice Act 1988. In its DPMs dated 20 June and 29 October 2025, the UK Government offers the same justification for the powers as detailed in paragraphs 20 to 23 above. Similarly, it offers the same justification for the choice of parliamentary procedure in each case.

48. The Committee is content with the powers and the choice of procedure, for the reasons given in paragraphs 25 to 27 above.

Amending the Crossbows Act 1987– Delivery of crossbows

Clause 34 – inserting new section 1D(4)(a)(ii) of the Crossbows Act 1987: Power to prescribe an alternative process for age verification

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 34 – inserting new section 1D(6) of the Crossbows Act 1987: Power to prescribe further defences to an offence under section 1C

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 34 – inserting new section 1E(7) of the Crossbows Act 1987: Power to prescribe further defences to an offence under section 1E

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 34 – inserting new section 1F(7) of the Crossbows Act 1987: Power to prescribe further defences to an offence under section 1F

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 34 – inserting new section 1(G)(7) of the Crossbows Act 1987: Power to prescribe further defences to an offence under section 1G

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 34 – inserting new section 1H(8)(a)(ii) of the Crossbows Act 1987: Power to prescribe an alternative process for age verification

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Clause 34 – inserting new section 1H(12) of the Crossbows Act 1987: Power to prescribe further defences to an offence under section 1H

Power conferred on: Scottish Ministers

Power exercisable by: Regulations

Parliamentary procedure: affirmative procedure

Provisions

50. Sections 1C to 1I of the 1987 Act, as amended by the Bill, create various offences regarding the delivery of crossbows to residential premises or collection points. The offences may be committed by the seller of the crossbow, or by a delivery business which delivers the items on the seller’s instructions.

51. There are various defences to these offences which require the accused to show that certain delivery or collection conditions were met. The conditions are that the person delivering the item was shown by the person into whose hands it was finally delivered an identity document in a physical form, or that they took other steps, prescribed in regulations made by the appropriate national authority, to verify that person’s age and identity. In addition, it must be the case that, on the basis of the identity document, or the steps taken, a reasonable person would have been satisfied that the buyer was aged 18 or over.

52. The amendments recently agreed extend these provisions to Scotland. New section 1D(4)(a)(ii) confers power on the Scottish Ministers to prescribe an alternative process for age verification in relation to delivery of a crossbow to residential premises. New section 1H(8)(a)(ii) confers a similar power in relation to the handing over of crossbows at a collection point.

53. In addition, five new powers are conferred to enable the Scottish Ministers to prescribe additional defences to the five relevant offences contained in new section 1C (delivery to residential premises), section 1E (delivery to residential premises by a delivery business on the seller’s behalf), section 1F (delivery to a collection point), section 1G (delivery to a collection point by a delivery business on the seller’s behalf) and section 1H (handing the crossbow over at a collection point).

Committee consideration

54. The powers to prescribe an alternative process for age verification are in the same terms as the power discussed above (at paragraph 19) in relation to the remote sale and hire of knives and other bladed articles under the Criminal Justice Act 1988. In its DPM dated 29 October 2025, the UK Government offers the same justification for the powers in relation to the Crossbows Act 1987 as it does in paragraphs 20 and 21 above for the Criminal Justice Act 1988 power. Similarly, it offers the same justification for the choice of parliamentary procedure.

55. The Committee is accordingly content with the powers and the choice of procedure, for the reasons given in paragraphs 25 and 26 above.

56. The five new powers enabling the Scottish Ministers to prescribe additional defences to the offences relating to delivery of crossbows are in the same terms as the power discussed at paragraph 35 above in relation to the delivery of bladed articles under the Offensive Weapons Act 2019. In its DPM lodged on 20 June 2025, the UK Government offers the same justification for the powers in relation to the Crossbows Act 1987 as explained in paragraphs 38 to 39 above for the Offensive Weapons Act 2019 power. Similarly, it offers the same justification for the choice of parliamentary procedure.

57. The Committee is content with the powers and the choice of procedure, for the reasons given in paragraphs 40 and 41 above.