[F1[F25A.— [F3(1)] It shall be a defence for a person charged—E+W+N.I.
(a)with an offence under section 141(1) [F4or (1A)] of the Criminal Justice Act 1988; or
(b)with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) [F5or (sa)] to show that his conduct was for the purpose only of making the weapon available for the purposes of use [F6in religious ceremonies] [F6for religious reasons].
[F7(2) It is a defence for a person charged with an offence under section 141(1A) of the Criminal Justice Act 1988 in respect of a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) [F5or (sa)] to show that the person possessed the weapon for religious reasons only.]]]
Textual Amendments
F1Sch. paras. 3-6 inserted (E.W.N.I.) (6.4.2008) by The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008 (S.I. 2008/973), arts. 1(1), 2(3)
F2Sch. para. 5A inserted (1.8.2008) by The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008 (S.I. 2008/2039), arts. 1(1), 2(3)
F3Sch. para. 5A renumbered as Sch. para. 5A(1) (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(7)(a) (with s. 47(10)); S.I. 2021/819, reg. 2(e)
F4Words in Sch. para. 5A(1)(a) inserted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(7)(b)(i) (with s. 47(10)); S.I. 2021/819, reg. 2(e)
F5Words in Sch. para. 5A inserted (E.W.) (24.9.2024) by The Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024 (S.I. 2024/583), arts. 1(2)(b), 2(4)
F6Words in Sch. para. 5A(1) substituted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(7)(b)(ii) (with s. 47(10)); S.I. 2021/819, reg. 2(e)
F7Sch. para. 5A(2) inserted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(7)(c) (with s. 47(10)); S.I. 2021/819, reg. 2(e)