The Criminal Justice Act 1988 (Offensive Weapons) Order 1988

[F1 [F2 5D.— (1) It is a defence for a person charged— E+W

(a) with an offence under section 141(1) or (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 the person relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(sa) to show that the weapon was made by hand.

(2) For the purposes of sub-paragraph (1), a weapon is made by hand if the making (including construction, finish and decoration) of the weapon is accomplished predominantly by one or more of the following methods—

(a) hand labour;

(b) manually-controlled methods which permit the maker to control and vary the construction, shape, design and finish of each part of each weapon (including the use of hand-controlled power tools).]]

Textual Amendments

F1 Sch. 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)

F2 Sch. paras. 5C-5E 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(6)