Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 19882

1

The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 19883 (which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988) is amended as follows.

2

For paragraph 3 substitute—

3

It shall be a defence for a person charged—

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 19794,

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.

3

After paragraph 5, insert—

5A

It shall be a defence for a person charged—

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 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 use in religious ceremonies.

4

In paragraph 6, for “paragraphs 3 and 4” substitute “paragraphs 3, 4 and 5A”.