{
  "url": "https://openlegislation.uk/criminal-justice-act-1988-offensive-weapons-order-1988/schedule/paragraph-5B",
  "json_url": "https://openlegislation.uk/criminal-justice-act-1988-offensive-weapons-order-1988/schedule/paragraph-5B.json",
  "legislation": "uksi/1988/2019",
  "legislation_title": "The Criminal Justice Act 1988 (Offensive Weapons) Order 1988",
  "legislation_url": "https://openlegislation.uk/criminal-justice-act-1988-offensive-weapons-order-1988",
  "path": "schedule/paragraph/5B",
  "kind": "paragraph",
  "number": "5B",
  "heading": null,
  "text": "(1) Sub-paragraph (2) applies to—\n(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 , zombie-style knife or zombie-style machete, and\n(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.\n(2) It is a defence for the person to show that the person's conduct was for the purpose only of making the sword , knife or machete available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event.\n(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.\n(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—\n(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\n(b) the sword , knife or machete was presented to the person by a Sikh at a religious ceremony or other ceremonial event.\n(5) In this paragraph—\n“curved sword” means a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r);\n“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);\n“Sikh” means a follower of the Sikh religion.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ukpga/2019/17",
      "affecting_title": "Offensive Weapons Act 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/2019/schedule/paragraph/5B",
    "retrieved_at": "2026-10-29T15:54:39.146838+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}