The Criminal Justice Act 1988 (Offensive Weapons) Order 1988

Explanatory Note

(This note is not part of the Order)

Section 141 of the Criminal Justice Act 1988 provides that 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 weapon to which that section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both. The importation of any such weapon is prohibited.

There are defences under the section in respect of weapons which are made available to a museum or gallery or used for cultural, artistic or educational purposes if lent or hired from a museum or gallery, and in respect of weapons used for the purposes of the Crown or of a visiting force as defined in subsection (6) of that section.

This Order specifies descriptions of weapons to which section 141 of the Criminal Justice Act 1988 applies. Antique weapons, which are defined as weapons over 100 years old at the time of an alleged offence, are excluded.

By virtue of article 1 the Order comes into force two months after it is made.