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Paragraph 3 F1F2

England, Wales and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

It shall be a defence for a person charged—

(a)

with an offence under section 141(1) F3or (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.

Annotations

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. para. 3 substituted (1.8.2008) by The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008 (S.I. 2008/2039), arts. 1(1), 2(2)

F3

Words 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)

Notes on the whole SI

Textual amendments

F1

Order revoked (S.) (29.9.2005) by The Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 (S.S.I. 2005/483), art. 3

Notes on Schedule

Textual amendments

F1

Order revoked (S.) (29.9.2005) by The Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 (S.S.I. 2005/483), art. 3