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The Criminal Justice Act 1988 (Offensive Weapons) Order 1988

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Article 2

[F1SCHEDULEU.K.

Textual Amendments

1.  Section 141 of the Criminal Justice Act 1988 (offensive weapons) shall apply to the following descriptions of weapons, other than weapons of those descriptions which are antiques for the purposes of this Schedule:U.K.

(a)a knuckleduster, that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;

(b)a swordstick, that is, a hollow walking-stick or cane containing a blade which may be used as a sword;

(c)the weapon sometimes known as a “handclaw”, being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;

(d)the weapon sometimes known as a “belt buckle knife”, being a buckle which incorporates or conceals a knife;

(e)the weapon sometimes known as a “push dagger”, being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;

(f)the weapon sometimes known as a “hollow kubotan”, being a cylindrical container containing a number of sharp spikes;

(g)the weapon sometimes known as a “footclaw”, being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;

(h)the weapon sometimes known as a “shuriken”, “shaken” or “death star”, being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown;

(i)the weapon sometimes known as a “balisong” or “butterfly knife”, being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;

(j)the weapon sometimes known as a “telescopic truncheon”, being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;

(k)the weapon sometimes known as a “blowpipe” or “blow gun”, being a hollow tube out of which hard pellets or darts are shot by the use of breath;

(l)the weapon sometimes known as a “kusari gama”, being a length of rope, cord, wire or chain fastened at one end to a sickle;

(m)the weapon sometimes known as a “kyoketsu shoge”, being a length of rope, cord, wire or chain fastened at one end to a hooked knife;

(n)the weapon sometimes known as a “manrikigusari” or “kusari”, being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip;

[F2(o)a disguised knife, that is any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone);]

[F3(p)a stealth knife, that is a knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy;

(q)a straight, side-handled or friction-lock truncheon (sometimes known as a baton);]

[F4(r)a sword with a curved blade of 50 centimetres or over in length; and for the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade;]

[F5(s)the weapon sometimes known as a “zombie knife”, “zombie killer knife” or “zombie slayer knife”, being a blade with—

(i)a cutting edge;

(ii)a serrated edge; and

(iii)images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence.]

[F6(sa)the weapon sometimes known as a “zombie-style knife” or “zombie-style machete”, being a bladed article with—

(i)a plain cutting edge;

(ii)a sharp pointed end; and

(iii)a blade of over 8 inches in length (the length of the blade being the straight-line distance from the top of the handle to the tip of the blade),

which also has one or more of the features specified in paragraph 1A and which is not a weapon that falls under paragraph 1(s);]

[F7(t)the weapon sometimes known as a “cyclone knife” or “spiral knife” being a weapon with—

(i)a handle,

(ii)a blade with two or more cutting edges, each of which forms a helix, and

(iii)a sharp point at the end of the blade.]

Textual Amendments

F7Sch. para. 1(t) inserted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(3) (with s. 47(10)); S.I. 2021/819, reg. 2(e)

Commencement Information

I1Sch. para. 1 in force at 18.1.1989, see art. 1

[F81A.—(1) For the purposes of paragraph 1(sa), the specified features are—E+W

(a)a serrated cutting edge (other than a serrated cutting edge of up to 2 inches next to the handle);

(b)more than one hole in the blade;

(c)spikes;

(d)more than two sharp points in the blade (other than a sharp point of a kind specified in sub-paragraph (2)).

(2) The kinds of sharp point mentioned in sub-paragraph (1)(d) are—

(a)a sharp point where the angle between the edges which create the point is an angle of at least 90 degrees (where there is a curved edge, the angle will be measured by reference to the tangent of the curve);

(b)a sharp point on the cutting edge of the blade near the handle.]

Textual Amendments

2.  For the purposes of this Schedule, a weapon is an antique if it was manufactured more than 100 years before the date of any offence alleged to have been committed in respect of that weapon under subsection (1) [F9or (1A)] of the said section 141 or section 50(2) or (3) of the Customs and Excise Management Act 1979 M1(improper importation).]U.K.

Textual Amendments

F9Words in Sch. para. 2 inserted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(4) (with s. 47(10)); S.I. 2021/819, reg. 2(e)

Commencement Information

I2Sch. para. 2 in force at 18.1.1989, see art. 1

Marginal Citations

[F10[F113.  It shall be a defence for a person charged—E+W+N.I.

(a)with an offence under section 141(1) [F12or (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) to show that the weapon in question was made before 1954 or was made at any other time according to traditional methods of making swords by hand.]

Textual Amendments

F12Words in Sch. para. 3(a) inserted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(5) (with s. 47(10)); S.I. 2021/819, reg. 2(e)

4.— [F13(1)]  It shall be a defence for a person charged—E+W+N.I.

(a)with an offence under section 141(1) [F14or (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) to show that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding of such an activity.

[F15(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 any conduct of that person relating to a weapon to which section 141 of that Act applies by virtue of paragraph 1(r) to show that the person's conduct was for the purpose only of participating in a permitted activity of a kind mentioned in sub-paragraph (1).]

Textual Amendments

F13Sch. para. 4 renumbered as Sch. para. 4(1) (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(6)(a) (with s. 47(10)); S.I. 2021/819, reg. 2(e)

5.  For the purposes of paragraph 4—E+W+N.I.

“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;

“insurance” means a contract of insurance or other arrangement made for the purpose of indemnifying a person or persons named in the contract or under the arrangement;

“permitted activity” means an historical re-enactment or a sporting activity;

“sporting activity” means the practising of a sport which requires the use of a weapon described in paragraph 1(r);

“third parties” includes participants in, and spectators of, a permitted activity and members of the public.

Textual Amendments

[F165A.— [F17(1)]  It shall be a defence for a person charged—E+W+N.I.

(a)with an offence under section 141(1) [F18or (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) [F19or (sa)] to show that his conduct was for the purpose only of making the weapon available for the purposes of use [F20in religious ceremonies] [F20for religious reasons].

[F21(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) [F19or (sa)] to show that the person possessed the weapon for religious reasons only.]]

Textual Amendments

F17Sch. 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)

F18Words 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)

F20Words 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)

F21Sch. 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)

[F225B—(1) Sub-paragraph (2) applies to—U.K.

(a)a person charged with an offence under section 141(1) or (1A) of the Criminal Justice Act 1988 in respect of any conduct of the person relating to a curved sword [F23, zombie-style knife or zombie-style machete], and

(b)a person charged 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 curved sword [F23, zombie-style knife or zombie-style machete].

(2) It is a defence for the person to show that the person's conduct was for the purpose only of making the sword [F24, knife or machete] available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event.

(3) It is a defence for a person charged with an offence under section 141(1) of the Criminal Justice Act 1988 of giving a curved sword [F23, zombie-style knife or zombie-style machete] to another person to show that the person's conduct consisted of the presentation of the sword [F24, knife or machete] by a Sikh to another person at a religious ceremony or other ceremonial event.

(4) It is a defence for a person charged with an offence under section 141(1A) of the Criminal Justice Act 1988 of possession of a curved sword [F23, zombie-style knife or zombie-style machete] in private to show that—

(a)the person was a Sikh at the time the offence is alleged to have been committed and possessed the sword [F24, knife or machete] for the purpose only of presenting it to another person at a religious ceremony or other ceremonial event, or

(b)the sword [F24, knife or machete] was presented to the person by a Sikh at a religious ceremony or other ceremonial event.

(5) In this paragraph—

“curved sword” means a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r);

[F25“zombie-style knife or zombie-style machete” means a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(sa);]

“Sikh” means a follower of the Sikh religion.]

Textual Amendments

F22Sch. para. 5B inserted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(8) (with s. 47(10)); S.I. 2021/819, reg. 2(e)

[F265C.  It is a defence for a person charged—E+W

(a)with an offence under section 141(1) 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 in question is one of historical importance.

Textual Amendments

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

5E.—(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(r) or (sa) to show that the weapon in question is blunt.

(2) For the purposes of sub-paragraph (1), a weapon is blunt if it does not have any of the following elements—

(a)a thin edge adapted to cutting;

(b)a sharp point adapted to piercing;

(c)any other element adapted to cutting or piercing.]

Textual Amendments

6.  For the purposes of [F27paragraphs 3, 4 [F28, 5A and 5B]], a person shall be taken to have shown a matter specified in those paragraphs if—E+W+N.I.

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

(b)the contrary is not proved beyond a reasonable doubt.]

Textual Amendments

F28Words in Sch. para. 6 substituted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(9) (with s. 47(10)); S.I. 2021/819, reg. 2(e)

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