Offensive Weapons Bill (HC Bill 232)

Offensive Weapons BillPage 20

(b) on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding 12 months or to a fine not exceeding the
statutory maximum, or to both;

(c) on conviction on indictment, to imprisonment for a term not
5exceeding 4 years or to a fine, or to both.

(5ZA) In relation to an offence committed before the coming into force of
section 154(1) of the Criminal Justice Act 2003 (maximum sentence that
may be imposed on summary conviction of offence triable either way)
the reference in subsection (5)(a) to 12 months is to be read as a
10reference to 6 months.”

(6) For the subsection (6) that has effect in England and Wales and the subsection
(6) that has effect in Northern Ireland substitute—

(6) In this section and section 139B “school premises” means land used for
the purposes of a school, excluding any land occupied solely as a
15dwelling by a person employed at the school; and “school” has the
meaning given by—

(a) in relation to land in England and Wales, section 4 of the
Education Act 1996;

(b) in relation to land in Northern Ireland, Article 2(2) of the
20Education and Libraries (Northern Ireland) Order 1986 (SI
1986/594 (NI 3)).”

(7) After subsection (6) insert—

(6A) In this section and section 139B “further education premises” means—

(a) in relation to England and Wales, land used solely for the
25purposes of—

(i) an institution within the further education sector
(within the meaning of section 91 of the Further and
Higher Education Act 1992), or

(ii) a 16 to 19 Academy (within the meaning of section 1B of
30the Academies Act 2010),

excluding any land occupied solely as a dwelling by a person
employed at the institution or the 16 to 19 Academy;

(b) in relation to Northern Ireland, land used solely for the
purposes of an institution of further education within the
35meaning of Article 2 of the Further Education (Northern
Ireland) Order 1997 (SI 1997/1772 (NI 15)SI 1997/1772 (NI 15)) excluding any land
occupied solely as a dwelling by a person employed at the
institution.”

(8) In section 139B(1) of the Criminal Justice Act 1988 (power of entry to search for
40offensive weapons) after “school premises” insert “or further education
premises”.

22 Prohibition on the possession of offensive weapons

(1) Section 141 of the Criminal Justice Act 1988 (offensive weapons) is amended in
accordance with subsections (2) to (15).

Offensive Weapons BillPage 21

(2) After subsection (1) insert—

(1A) Any person who possesses a weapon to which this section applies is
guilty of an offence and liable—

(a) on summary conviction in England and Wales, to
5imprisonment for a term not exceeding 51 weeks, to a fine or to
both,

(b) on summary conviction in Scotland, to imprisonment for a term
not exceeding 6 months, to a fine not exceeding level 5 on the
standard scale or to both,

(c) 10on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding 12 months, to a fine not exceeding the
statutory maximum or to both,

(d) on conviction on indictment in Northern Ireland, to
imprisonment for a term not exceeding 4 years, to a fine or to
15both.

(1B) In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003, subsection (1A)(a) has
effect as if the reference to 51 weeks were to 6 months.”

(3) In subsection (5)(a), after “subsection (1)” insert “or (1A)”.

(4) 20After subsection (7) insert—

(7A) It is a defence for a person charged with an offence under subsection
(1A) to show that the weapon in question is one of historical
importance.”

(5) After subsection (8) insert—

(8A) 25It is a defence for a person charged with an offence under subsection
(1A) to show that they possessed the weapon in question only in their
capacity as the operator of, or as a person acting on behalf of, a museum
or gallery.”

(6) In subsection (9), for “If a person acting on behalf of” substitute “If the operator
30of, or a person acting on behalf of,”.

(7) After subsection (11) insert—

(11ZA) It is a defence for a person charged with an offence under subsection
(1A) to show that they possessed the weapon in question for
educational purposes only.”

(8) 35In subsection (11A)(a) (as inserted by the Violent Crime Reduction Act 2006),
after “subsection (1)” insert “or (1A)”.

(9) After subsection (11A) (as inserted by the Violent Crime Reduction Act 2006)
insert—

(11AA) It is a defence for a person charged with an offence under subsection
40(1A) to show that they possessed the weapon in question only for one
or more of the purposes specified in subsection (11B).”

(10) In subsection (11C) (as inserted by the Violent Crime Reduction Act 2006), for
“(8), (9) or (11A)” substitute “(7A), (8), (8A), (9), (11ZA), (11A) or (11AA)”.

Offensive Weapons BillPage 22

(11) In subsection (11D) (as inserted by the Violent Crime Reduction Act 2006), in
paragraph (a), after “subsection (1)” insert “or (1A)”.

(12) In subsection (11A) (as inserted by the Custodial Sentences and Weapons
(Scotland) Act 2007), after “subsection (1)” insert “or (1A)”.

(13) 5After subsection (11A) (as inserted by the Custodial Sentences and Weapons
(Scotland) Act 2007) insert—

(11AA) It is a defence for a person charged with an offence under subsection
(1A) to show that the person possessed the weapon in question only for
one or more of the purposes specified in subsection (11B).”

(14) 10In subsection (11F) (as inserted by the Custodial Sentences and Weapons
(Scotland) Act 2007), for “(8), (9) or (11A)” substitute “(7A), (8), (8A), (9),
(11ZA), (11A) or (11AA)”.

(15) In subsection (14)(a) after “subsection (1)” insert “or (1A)”.

(16) In Article 29(1)(l) of the Magistrates’ Courts (Northern Ireland) Order 1981 (SI
151981/1675 (NI 26)) after “141(1)” insert “or (1A)”.

(17) Subsection (18) applies if the subsections (11A) and (11B) which are inserted by
section 60(1)(b) of the Custodial Sentences and Weapons (Scotland) Act 2007
into section 141 of the Criminal Justice Act 1988 are not in force when
subsection (2) comes into force in relation to Scotland.

(18) 20Until the coming into force of those subsections (11A) and (11B), section 141
has effect in relation to Scotland as if after subsection (11) there were inserted—

(11A) Where a person is charged with an offence under subsection (1A) in
respect of conduct of the person relating to a weapon to which this
section applies, it is a defence to show that the person’s conduct was for
25the purpose only of making the weapon in question available for one or
more of the purposes specified in subsection (11B).

(11AA) It is a defence for a person charged with an offence under subsection
(1A) to show that the person possessed the weapon in question only for
one or more of the purposes specified in subsection (11B).

(11B) 30Those purposes are—

(a) the purposes of theatrical performances and of rehearsals for
such performances;

(b) the production of films (as defined in section 5B of the
Copyright, Designs and Patents Act 1988);

(c) 35the production of television programmes (as defined in section
405(1) of the Communications Act 2003).”

23 Prohibition on the possession of offensive weapons: supplementary

(1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988
(SI 1988/2019SI 1988/2019) is amended in accordance with subsections (2) to (6).

(2) 40In paragraph 1, after sub-paragraph (r) insert—

(s) the weapon sometimes known as a “zombie knife”, “zombie
killer knife” or “zombie slayer knife”, being a blade with—

(i) a cutting edge;

(ii) a serrated edge; and

Offensive Weapons BillPage 23

(iii) images or words (whether on the blade or handle) that
suggest that it is to be used for the purpose of violence.”

(3) In paragraph 2, after “subsection (1)” insert “or (1A)”.

(4) In paragraph 3(a), after “section 141(1)” insert “or (1A)”.

(5) 5In paragraph 4—

(a) the existing text becomes sub-paragraph (1),

(b) in that sub-paragraph, in paragraph (a), after “section 141(1)” insert “or
(1A)”, and

(c) after that sub-paragraph insert—

(2) 10It is a defence for a person charged with an offence under
section 141(1A) of the Criminal Justice Act 1988 in respect of
any conduct of that person relating to a weapon to which
section 141 of that Act applies by virtue of paragraph 1(r) to
show that the person’s conduct was for the purpose only of
15participating in a permitted activity of a kind mentioned in
sub-paragraph (1).”

(6) In paragraph 5A—

(a) the existing text becomes sub-paragraph (1),

(b) in that sub-paragraph, in paragraph (a), after “section 141(1)” insert “or
20(1A)”, and

(c) after that sub-paragraph insert—

(2) It is a defence for a person charged with an offence under
section 141(1A) of the Criminal Justice Act 1988 in respect of
any conduct of that person relating to a weapon to which
25section 141 of the Criminal Justice Act 1988 applies by virtue
of paragraph 1(r) to show that the person’s conduct was for
the purpose only of participating in religious ceremonies.”

(7) The amendments made by subsections (2) to (6) are without prejudice to any
power to make an order under section 141 of the Criminal Justice Act 1988
30amending or revoking the order mentioned in subsection (1).

(8) In the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005
(SSI 2005/483SSI 2005/483), in paragraph 2 of the Schedule, after “subsection (1)” insert “or
(1A)”.

(9) The amendment made by subsection (8) is without prejudice to any power to
35make an order under section 141 of the Criminal Justice Act 1988 amending or
revoking the order mentioned in that subsection.

24 Surrender of prohibited offensive weapons

(1) The Secretary of State may make such arrangements as the Secretary of State
thinks fit to secure the orderly surrender at designated police stations in
40England and Wales of weapons the possession of which will become unlawful
by virtue of—

(a) section 20 (by itself or in combination with section 19), or

(b) section 22.

Offensive Weapons BillPage 24

(2) The Scottish Ministers may make such arrangements as they think fit to secure
the orderly surrender at designated police stations in Scotland of weapons the
possession of which will become unlawful by virtue of—

(a) section 20 (by itself or in combination with section 19), or

(b) 5section 22.

(3) The Department of Justice in Northern Ireland may make such arrangements
as it thinks fit to secure the orderly surrender at designated police stations in
Northern Ireland of weapons the possession of which will become unlawful by
virtue of—

(a) 10section 20 (by itself or in combination with section 19), or

(b) section 22.

(4) The chief officer of police for any area may designate any police station in the
chief officer’s area as being suitable for the receipt of—

(a) surrendered weapons, or

(b) 15surrendered weapons of a particular description.

(5) The Chief Constable of the Police Service of Northern Ireland may designate
any police station in Northern Ireland as being suitable for the receipt of—

(a) surrendered weapons, or

(b) surrendered weapons of a particular description.

25 20Payments in respect of surrendered offensive weapons

(1) Subsection (2) applies if the Secretary of State makes arrangements for the
surrender of weapons under section 24(1).

(2) The Secretary of State must by regulations provide for payments to be made in respect
of weapons which are surrendered in accordance with the arrangements.

(3) 25Subsection (4) applies if the Scottish Ministers make arrangements for the
surrender of weapons under section 24(2).

(4) The Scottish Ministers must by regulations provide for payments to be made
in respect of weapons which are surrendered in accordance with the
arrangements.

(5) 30Subsection (6) applies if the Department of Justice in Northern Ireland makes
arrangements for the surrender of weapons under section 24(3).

(6) The Department of Justice in Northern Ireland must by regulations provide for
payments to be made in respect of weapons which are surrendered in
accordance with the arrangements.

(7) 35Regulations under subsection (2), (4) or (6) must provide that a payment may
only be made to a person making a claim which meets—

(a) condition A, and

(b) condition B or C.

(8) Condition A is that possession of the weapon to which the claim relates will
40become unlawful by virtue of section 20 (by itself or in combination with
section 19) or section 22.

(9) Condition B is that the person making the claim owned the weapon on 20th
June 2018.

Offensive Weapons BillPage 25

(10) Condition C is that on or before 20th June 2018 the person making the claim
had contracted to acquire the weapon.

(11) The provision that may be made by regulations under subsection (2), (4) or (6)
includes—

(a) 5other provision restricting eligibility for receipt of payments, including
provision restricting eligibility to claims made in respect of weapons
surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed in respect of claims and
for the determination of such claims (including any time within which
10claims must be made, any evidence and other information to be
provided in support of a claim and the burden of proof in relation to a
claim).

Threatening with offensive weapon

26 Offence of threatening with offensive weapon etc

(1) 15In section 1A(1) of the Prevention of Crime Act 1953 (offence of threatening
with offensive weapon in public)—

(a) in paragraph (b), after “person” insert “(“A”)”, and

(b) in paragraph (c), for the words from “there” to the end of the paragraph
substitute “a reasonable person (“B”) who was exposed to the same
20threat as A would think that there was an immediate risk of physical
harm to B.”

(2) In section 139AA(1) of the Criminal Justice Act 1988 (offence of threatening
with article with blade or point or offensive weapon)—

(a) in paragraph (b), after “person” insert “(“A”)”, and

(b) 25in paragraph (c), for the words from “there” to the end of the paragraph
substitute “a reasonable person (“B”) who was exposed to the same
threat as A would think that there was an immediate risk of physical
harm to B.”

27 Offence of threatening with offensive weapon etc on further education
30premises

(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with
article with blade or point or offensive weapon) is amended as follows.

(2) After subsection (1) insert—

(1A) A person is guilty of an offence if that person—

(a) 35has an article to which this section applies with them on further
education premises,

(b) unlawfully and intentionally threatens another person (“A”)
with the article, and

(c) does so in such a way that a reasonable person (“B”) who was
40exposed to the same threat as A would think that there was an
immediate risk of physical harm to B.”

(3) After subsection (3) insert—

(3A) In relation to further education premises this section applies to each of
these—

Offensive Weapons BillPage 26

(a) an article to which section 139 applies;

(b) an offensive weapon within the meaning of section 1 of the
Prevention of Crime Act 1953.”

(4) In subsection (5)—

(a) 5at the appropriate place insert—

  • ““further education premises” means land used solely for
    the purposes of—

    (a)

    an institution within the further education sector
    (within the meaning of section 91 of the Further
    10and Higher Education Act 1992), or

    (b)

    a 16 to 19 Academy (within the meaning of
    section 1B of the Academies Act 2010),

    excluding any land occupied solely as a dwelling by a
    person employed at the institution or the 16 to 19
    15Academy;”;

(b) for the definition of “school premises” substitute—

  • ““school premises” means land used for the purposes of a
    school, excluding any land occupied solely as a dwelling
    by a person employed at the school; and “school” has the
    20meaning given by section 4 of the Education Act 1996.”

Prohibition of certain firearms

28 Prohibition of certain firearms etc: England and Wales and Scotland

(1) The Firearms Act 1968 is amended as follows.

(2) In section 5 (weapons subject to general prohibition), in subsection (1), after
25paragraph (af) insert—

(ag) any rifle from which a shot, bullet or other missile, with kinetic
energy of more than 13,600 joules at the muzzle of the weapon,
can be discharged;

(ah) any rifle with a chamber from which empty cartridge cases are
30extracted using—

(i) energy from propellant gas, or

(ii) energy imparted to a spring or other energy storage
device by propellant gas,

other than a rifle which is chambered for .22 rim-fire
35cartridges;”.

(3) In section 5(1), for the “and” at the end of paragraph (b) substitute—

(ba) any device (commonly known as a bump stock) which is
designed or adapted so that—

(i) it is capable of forming part of or being added to a self-
40loading lethal barrelled weapon (as defined in section
57(1B) and (2A)), and

(ii) if it forms part of or is added to such a weapon, it
increases the rate of fire of the weapon by using the
recoil from the weapon to generate repeated pressure on
45the trigger; and”.

Offensive Weapons BillPage 27

(4) In section 5(2), after “including,” insert “in the case of weapons, any devices
falling within subsection (1)(ba) of this section and,”.

(5) In section 5(2A)(a), after “weapon” insert “, device”.

(6) In section 51A(1)(a) (minimum sentences for certain offences under section 5),
5in each of sub-paragraphs (i) and (iii), after “(af)” insert “, (ag), (ah), (ba)”.

(7) In Schedule 6 (prosecution and punishment of offences) in Part 1 (table of
punishments)—

(a) in the entry for section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c), in
the first column, after “(af)” insert “, (ag), (ah), (ba)”,

(b) 10in the entry for section 19, in the third column, for “or (af)” substitute “,
(af), (ag), (ah) or (ba)”, and

(c) in the entry for section 20(1), in the third column, for “or (af)” substitute
“, (af), (ag), (ah) or (ba)”.

(8) The amendments made by subsection (6) apply only in relation to—

(a) 15an offence under section 5(1)(ag), (ah) or (ba) of the Firearms Act 1968
which is committed after the coming into force of subsection (6), and

(b) an offence under a provision listed in section 51A(1A) of that Act in
respect of a firearm specified in section 5(1)(ag), (ah) or (ba) of that Act
which is committed after the coming into force of subsection (6).

29 20Prohibition of certain firearms etc: Northern Ireland

(1) The Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) is amended
as follows.

(2) In Article 45 (weapons subject to general prohibition), in paragraph (1), after
sub-paragraph (e) insert—

(ea) 25any rifle from which a shot, bullet or other missile, with kinetic
energy of more than 13,600 joules at the muzzle of the weapon,
can be discharged;

(eb) any rifle with a chamber from which empty cartridge cases are
extracted using—

(i) 30energy from propellant gas, or

(ii) energy imparted to a spring or other energy storage
device by propellant gas,

other than a rifle which is chambered for .22 rimfire cartridges;”.

(3) In Article 45(1), for the “and” at the end of sub-paragraph (f) substitute—

(fa) 35any device (commonly known as a bump stock) which is
designed or adapted so that—

(i) it is capable of forming part of or being added to a self-
loading firearm, and

(ii) if it forms part of or is added to such a firearm, it
40increases the rate of fire of the firearm by using the recoil
from the firearm to generate repeated pressure on the
trigger; and”.

(4) In Article 2(2) (interpretation), in the definition of “prohibited weapon” and
“prohibited ammunition”, after “including,” insert “in the case of weapons, any
45devices falling within paragraph (1)(fa) of that Article and,”.

Offensive Weapons BillPage 28

(5) In Article 70(1)(a) (minimum sentence for certain offences), in each of heads (ii)
and (iv), after “(e)” insert “, (ea), (eb), (fa)”.

(6) In Schedule 5 (table of punishments)—

(a) in the entry for Article 45(1)(a), (aa), (b), (c), (d), (e) and (g), in the first
5column, after “(e)” insert “, (ea), (eb), (fa)”,

(b) in the entry for Article 61(1), in the third column, for “or (e)” substitute
“, (e), (ea), (eb) or (fa)”, and

(c) in the entry for Article 62(1), in the third column, for “or (e)” substitute
“, (e), (ea), (eb) or (fa)”.

(7) 10The amendments made by subsection (5) apply only in relation to—

(a) an offence under Article 45(1)(ea), (eb) or (fa) of the Firearms (Northern
Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) which is committed after the
coming into force of subsection (5), and

(b) an offence under a provision listed in Article 70(1A) of that Order in
15respect of a firearm specified in Article 45(1)(ea), (eb) or (fa) of that
Order which is committed after the coming into force of subsection (5).

30 Consequential amendments relating to sections 28 and 29

Schedule 2 contains consequential amendments relating to sections 28 and 29.

31 Surrender of prohibited firearms etc

(1) 20The Secretary of State may make such arrangements as the Secretary of State
thinks fit to secure—

(a) the orderly surrender at designated police stations of firearms the
possession of which will become unlawful by virtue of section 28 or 29;

(b) the orderly surrender at designated police stations or other places of
25ancillary equipment.

(2) The chief officer of police for any area may designate any police station in the
chief officer’s area as being suitable for the receipt of—

(a) surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular
30description.

(3) The Chief Constable of the Police Service of Northern Ireland may designate
any police station in Northern Ireland as being suitable for the receipt of—

(a) surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular
35description.

(4) In this section “ancillary equipment” has the meaning given by section 34(2).

32 Payments in respect of surrendered firearms other than bump stocks

(1) This section applies to firearms other than firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968
40by section 28(3), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms
(Northern Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) by section 29(3).

Offensive Weapons BillPage 29

(2) This section applies if the Secretary of State makes arrangements under section
31 for the surrender of firearms to which this section applies.

(3) The Secretary of State must by regulations provide for payments to be made in respect
of such firearms which are surrendered in accordance with the arrangements.

(4) 5Regulations under subsection (3) must provide that a payment may only be
made to a person making a claim which meets—

(a) condition A, and

(b) condition B or C.

(5) Condition A is that possession of the firearm to which the claim relates will
10become unlawful by virtue of section 28 or 29.

(6) Condition B is that the person making the claim had and was entitled to have
the firearm in their possession on or immediately before 20th June 2018 by
virtue of a firearm certificate held by them or by virtue of being a registered
firearms dealer.

(7) 15Condition C is that—

(a) on or before 20th June 2018 the person making the claim had contracted
to acquire the firearm, and

(b) that person was entitled to have the firearm in their possession after
that date by virtue of a firearm certificate held by them or by virtue of
20being a registered firearms dealer.

(8) The provision that may be made by regulations under subsection (3)
includes—

(a) other provision restricting eligibility for receipt of payments, including
provision restricting eligibility to claims made in respect of firearms
25surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time
within which claims must be made and the provision of information) in
respect of claims and for the determination of such claims.

33 Payments in respect of prohibited firearms which are bump stocks

(1) 30This section applies to firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968
by section 28(3), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms
(Northern Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) by section 29(3).

(2) 35This section applies if the Secretary of State makes arrangements under section
31 for the surrender of firearms to which this section applies.

(3) The Secretary of State must by regulations provide for payments to be made in respect
of such firearms which are surrendered in accordance with the arrangements
.

(4) Regulations under subsection (3) must provide that a payment may only be
40made to a person making a claim which meets—

(a) condition A,

(b) condition B or C, and

(c) condition D.