The Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024

PART 2 Amendment of the Criminal Justice Act (Offensive Weapons) Order 1988

2.—(1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988(1) is amended as follows.

(2) In paragraph 1, after sub-paragraph (s) insert—

“(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);”

(3) After paragraph 1, insert—

“1A.— (1) For the purposes of paragraph 1(sa), the specified features are—

(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.”

(4) In paragraph 5A, after “paragraph 1(r)” in both places where those words occur insert “or (sa)”.

(5) In paragraph 5B —

(a) in sub-paragraphs (1) to (4), after “curved sword”, in each place those words occur, insert “, zombie-style knife or zombie-style machete”;

(b) after “the sword”, wherever those words occur, insert “, knife or machete”;

(c) in sub-paragraph (5), after the definition of “curved sword”, insert—

““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);”

(6) After paragraph 5B, insert—

“5C.   It is 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 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.

5D.— (1) It is a defence for a person charged—

(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).

5E.— (1) It is a defence for a person charged—

(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.”

(1)

S.I. 1988/2019, amended by S.I. 2002/1668, 2004/1271, 2008/973, 2008/2039, 2016/803 and the Offensive Weapons Act 2019 (c. 17). There are other amendments but they are not relevant.