OpenLegislation

Paragraph 5A F1F2

England, Wales and Northern Ireland

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

(F31)

It shall be a defence for a person charged—

(a)

with an offence under section 141(1) F4or (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) F5or (sa) to show that his conduct was for the purpose only of making the weapon available for the purposes of use F6in religious ceremonies for religious reasons.

(F72)

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) or (sa) to show that the person possessed the weapon for religious reasons only.

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. 5A inserted (1.8.2008) by The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008 (S.I. 2008/2039), arts. 1(1), 2(3)

F3

Sch. 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)

F4

Words 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)

F5

Words in Sch. para. 5A inserted (E.W.) (24.9.2024) by The Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024 (S.I. 2024/583), arts. 1(2)(b), 2(4)

F6

Words 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)

F7

Sch. 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)

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