http://www.legislation.gov.uk/ukpga/2019/17/section/47Offensive Weapons Act 2019An Act to make provision for and in connection with offences relating to offensive weapons.texttext/xmlenStatute Law Database2024-05-18Expert Participation2023-03-27
PART 4Possession etc of certain offensive weaponsProhibition on the possession of offensive weapons: supplementary471The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (SI 1988/2019) is amended in accordance with subsections (2) to (9).2In paragraph 1, after paragraph (r) insert—sthe weapon sometimes known as a “zombie knife”, “zombie killer knife” or “zombie slayer knife”, being a blade with—ia cutting edge;iia serrated edge; andiiiimages or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence.3In paragraph 1, after paragraph (s) insert—tthe weapon sometimes known as a “cyclone knife” or “spiral knife” being a weapon with—ia handle,iia blade with two or more cutting edges, each of which forms a helix, andiiia sharp point at the end of the blade.4In paragraph 2, after “subsection (1)” insert “or (1A)”.5In paragraph 3(a), after “section 141(1)” insert “or (1A)”.6In paragraph 4—athe existing text becomes sub-paragraph (1),bin that sub-paragraph, in paragraph (a), after “section 141(1)” insert “or (1A)”, andcafter that sub-paragraph insert—2It 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).7In paragraph 5A—athe existing text becomes sub-paragraph (1),bin that sub-paragraph—iin paragraph (a), after “section 141(1)” insert “or (1A)”, andiiin the words following paragraph (b) for “in religious ceremonies” substitute “for religious reasons”, andcafter that sub-paragraph insert—2It 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) to show that the person possessed the weapon for religious reasons only.8After paragraph 5A insert—5B1Sub-paragraph (2) applies to—aa 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, andba 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.2It is a defence for the person to show that the person's conduct was for the purpose only of making the sword available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event.3It 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 to another person to show that the person's conduct consisted of the presentation of the sword by a Sikh to another person at a religious ceremony or other ceremonial event.4It 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 in private to show that—athe person was a Sikh at the time the offence is alleged to have been committed and possessed the sword for the purpose only of presenting it to another person at a religious ceremony or other ceremonial event, orbthe sword was presented to the person by a Sikh at a religious ceremony or other ceremonial event.5In this paragraph—“curved sword” means a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r);“Sikh” means a follower of the Sikh religion.9In paragraph 6, for “and 5A” substitute “, 5A and 5B”.10The amendments made by subsections (2) to (9) are without prejudice to any power to make an order under section 141 of the Criminal Justice Act 1988 amending or revoking the order mentioned in subsection (1).11The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 (SSI 2005/483) is amended as follows.12In paragraph 1, after paragraph (q) insert—rthe weapon sometimes known as a “cyclone knife” or “spiral knife” being a weapon with—ia handle,iia blade with two or more cutting edges, each of which forms a helix, andiiia sharp point at the end of the blade.13In paragraph 2, after “subsection (1)” insert “or (1A)”.14The amendments made by subsections (12) and (13) are without prejudice to any power to make an order under section 141 of the Criminal Justice Act 1988 amending or revoking the order mentioned in subsection (11).S. 47(3)-(10) in force at 14.7.2021 for E.W. by S.I. 2021/819, reg. 2(e)S. 47(1) in force at 14.7.2021 for specified purposes for E.W. by S.I. 2021/819, reg. 2(e)S. 47(12) in force at 28.6.2022 by S.S.I. 2022/150, reg. 2(h)S. 47(14) in force at 28.6.2022 for specified purposes by S.S.I. 2022/150, reg. 2(h)S. 47(11) in force at 28.6.2022 by S.S.I. 2022/150, reg. 2(h)S. 47(13) in force at 27.3.2023 by S.S.I. 2023/72, reg. 2(1)(c)S. 47(14) in force at 27.3.2023 in so far as not already in force by S.S.I. 2023/72, reg. 2(1)(c)