# The Criminal Justice Act 1988 (Offensive Weapons) Order 1988, Paragraph 5B


(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 , 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 , 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);
“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.

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Source: https://www.legislation.gov.uk/uksi/1988/2019/schedule/paragraph/5B (the official version)
Page: https://openlegislation.uk/criminal-justice-act-1988-offensive-weapons-order-1988/schedule/paragraph-5B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

