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Paragraph 5B F1F2

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

(1)

Sub-paragraph (2) applies to—

(a)

a 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 F3, zombie-style knife or zombie-style machete, and

(b)

a 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 , zombie-style knife or zombie-style machete.

(2)

It is a defence for the person to show that the person's conduct was for the purpose only of making the sword F4, knife or machete available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event.

(3)

It 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 , zombie-style knife or zombie-style machete to another person to show that the person's conduct consisted of the presentation of the sword , knife or machete by a Sikh to another person at a religious ceremony or other ceremonial event.

(4)

It 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 , zombie-style knife or zombie-style machete in private to show that—

(a)

the person was a Sikh at the time the offence is alleged to have been committed and possessed the sword , knife or machete for the purpose only of presenting it to another person at a religious ceremony or other ceremonial event, or

(b)

the sword , knife or machete was presented to the person by a Sikh at a religious ceremony or other ceremonial event.

(5)

In this paragraph—

  • “curved sword” means a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r);

  • F5“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);

  • “Sikh” means a follower of the Sikh religion.

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. 5B inserted (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), s. 47(8) (with s. 47(10)); S.I. 2021/819, reg. 2(e)

F3

Words in Sch. para. 5B(1)-(4) 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(5)(a)

F4

Words in Sch. para. 5B 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(5)(b)

F5

Words in Sch. para. 5B(5) 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(5)(c)

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