Offensive Weapons Bill (HC Bill 265)

Offensive Weapons BillPage 20

(b) the document would have convinced a reasonable person.

(8) Those documents are any document bearing to be—

(a) a passport,

(b) a European Union photocard driving licence, or

(c) 5such other document, or a document of such other description, as the
Scottish Ministers may prescribe by order.

(9) The accused is to be taken to have shown a matter mentioned in subsection (6)
if—

(a) sufficient evidence of the matter is adduced to raise an issue with
10respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(10) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not
15exceeding level 5 on the standard scale.

(11) In this section “bladed article”—

(a) in relation to England and Wales, means an article to which section
141A of the Criminal Justice Act 1988 applies (as that section has effect
in relation to England and Wales);

(b) 20in relation to Scotland, means an article to which section 141A of the
Criminal Justice Act 1988 applies (as that section has effect in relation
to Scotland and disregarding subsection (3A) of that section);

(c) in relation to Northern Ireland, means an article to which Article 54 of
the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160SI 1996/3160 (NI
2524)) applies.

Possession etc of certain offensive weapons

21 Amendments to the definition of “flick knife”

(1) In section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for
offences in connection with dangerous weapons), in subsection (1), for
30paragraph (a) substitute—

(a) any knife which has a blade which opens automatically—

(i) from the closed position to the fully opened position, or

(ii) from a partially opened position to the fully opened
position,

35by manual pressure applied to a button, spring or other device
in or attached to the knife, and which is sometimes known as a
“flick knife” or “flick gun”; or”.

(2) In Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/
3160 (NI 24)) (manufacture or sale etc of certain knives), in paragraph (1), for
40the first sub-paragraph (a) substitute—

(a) any knife which has a blade which opens automatically—

(i) from the closed position to the fully opened position, or

(ii) from a partially opened position to the fully opened
position,

Offensive Weapons BillPage 21

by manual pressure applied to a button, spring or other device
in or attached to the knife, and which is sometimes known as a
“flick knife” or “flick gun”; or”.

22 Prohibition on the possession of certain dangerous knives

(1) 5Section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for
offences in connection with dangerous weapons) is amended in accordance
with subsections (2) to (4).

(2) After subsection (1) insert—

(1A) Any person who possesses any knife of a kind described in subsection
10(1) is guilty of an offence.

(1B) A person guilty of an offence under subsection (1A) is liable—

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

(b) 15on summary conviction in Scotland, to imprisonment for a term
not exceeding 6 months, to a fine not exceeding level 4 on the
standard scale or to both.

(1C) In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003, subsection (1B)(a) has
20effect as if the reference to 51 weeks were to 6 months.”

(3) In subsection (2), for “any such knife as is described in the foregoing
subsection” substitute “any knife of a kind described in subsection (1)”.

(4) After subsection (2) insert—

(2D) It is a defence for a person charged in respect of any conduct of that
25person relating to a knife of a kind described in subsection (1)—

(a) with an offence under subsection (1), or

(b) with an offence under section 50(2) or (3) of the Customs and
Excise Management Act 1979,

to show that the conduct was only for the purposes of making the knife
30available to a museum or gallery to which this subsection applies.

(2E) It is a defence for a person charged with an offence under subsection
(1A) to show that they possessed the knife only in their capacity as the
operator of, or as a person acting on behalf of, a museum or gallery.

(2F) If the operator of, or a person acting on behalf of, a museum or gallery
35to which this subsection applies is charged with hiring or lending a
knife of a kind described in subsection (1), it is a defence for them to
show that they had reasonable grounds for believing that the person to
whom they lent or hired it would use it only for cultural, artistic or
educational purposes.

(2G) 40Subsection (2D) or (2F) applies to a museum or gallery only if it does
not distribute profits.

(2H) In this section “museum or gallery” includes any institution which has
as its purpose, or one of its purposes, the preservation, display and
interpretation of material of historical, artistic or scientific interest and
45gives the public access to it.

Offensive Weapons BillPage 22

(2I) A person is to be taken to have shown a matter mentioned in subsection
(2D), (2E) or (2F) if—

(a) sufficient evidence of the matter is adduced to raise an issue
with respect to it, and

(b) 5the contrary is not proved beyond reasonable doubt.”

(5) Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160SI 1996/3160
(NI 24)) (manufacture or sale etc of certain knives) is amended in accordance
with subsections (6) and (7).

(6) The existing text becomes paragraph (1).

(7) 10After that paragraph insert—

(2) Any person who possesses any knife of a kind described in paragraph
(1) is guilty of an offence.

(3) A person guilty of an offence under paragraph (2) is liable—

(a) on summary conviction, to imprisonment for a term not
15exceeding 12 months, to a fine not exceeding the statutory
maximum or to both;

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

(4) It is a defence for a person charged in respect of any conduct of that
20person relating to a knife of a kind described in paragraph (1) with an
offence under paragraph (1) to show that the conduct was only for the
purposes of making the knife available to a museum or gallery to which
this paragraph applies.

(5) It is a defence for a person charged with an offence under paragraph (2)
25to show that they possessed the knife only in their capacity as the
operator of, or as a person acting on behalf of, a museum or gallery.

(6) If the operator of, or a person acting on behalf of, a museum or gallery
to which this paragraph applies is charged with hiring or lending a
knife of a kind described in paragraph (1), it is a defence for them to
30show that they had reasonable grounds for believing that the person to
whom they lent or hired it would use it only for cultural, artistic or
educational purposes.

(7) Paragraph (4) or (6) applies to a museum or gallery only if it does not
distribute profits.

(8) 35In this Article “museum or gallery” includes any institution which has
as its purpose, or one of its purposes, the preservation, display and
interpretation of material of historical, artistic or scientific interest and
gives the public access to it.

(9) A person is to be taken to have shown a matter mentioned in paragraph
40(4), (5) or (6) if—

(a) sufficient evidence of the matter is adduced to raise an issue
with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.”

Offensive Weapons BillPage 23

23 Prohibition on the possession of offensive weapons on further education
premises

(1) Section 139A of the Criminal Justice Act 1988 (offence of having offensive
weapon on school premises) is amended in accordance with subsections (2) to
5(7).

(2) In the heading, for “school premises” substitute “education premises”.

(3) In subsection (1), after “school premises” insert “or further education
premises”.

(4) In subsection (2), after “school premises” insert “or further education
10premises”.

(5) For the subsection (5) that has effect in England and Wales and for the
subsection (5) that has effect in Northern Ireland substitute—

(5) A person guilty of an offence under subsection (1) or (2) is liable—

(a) on summary conviction in England and Wales, to
15imprisonment for a term not exceeding 12 months or to a fine,
or to both;

(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) 20on conviction on indictment, to imprisonment for a term not
exceeding 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)
25the reference in subsection (5)(a) to 12 months is to be read as a
reference 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
30the purposes of a school, excluding any land occupied solely as a
dwelling 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) 35in relation to land in Northern Ireland, Article 2(2) of the
Education 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) 40in relation to England and Wales, land used solely for the
purposes 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) 45a 16 to 19 Academy (within the meaning of section 1B of
the Academies Act 2010),

Offensive Weapons BillPage 24

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
5meaning 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
10offensive weapons) after “school premises” insert “or further education
premises”.

24 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).

(2) 15After 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
imprisonment for a term not exceeding 51 weeks, to a fine or to
20both,

(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) on summary conviction in Northern Ireland, to imprisonment
25for 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
both.

(1B) 30In 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) After subsection (7) insert—

(7A) 35It 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) 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 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
of, or a person acting on behalf of,”.

Offensive Weapons BillPage 25

(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) 5In 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
10(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)”.

(11) In subsection (11D) (as inserted by the Violent Crime Reduction Act 2006), in
15paragraph (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) After subsection (11A) (as inserted by the Custodial Sentences and Weapons
(Scotland) Act 2007) insert—

(11AA) 20It 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) In subsection (11F) (as inserted by the Custodial Sentences and Weapons
(Scotland) Act 2007), for “(8), (9) or (11A)” substitute “(7A), (8), (8A), (9),
25(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
1981/1675 (NI 26)) after “141(1)” insert “or (1A)”.

(17) Subsection (18) applies if the subsections (11A) and (11B) which are inserted by
30section 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) Until 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) 35Where 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
the purpose only of making the weapon in question available for one or
more of the purposes specified in subsection (11B).

(11AA) 40It 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) Those purposes are—

Offensive Weapons BillPage 26

(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) 5the production of television programmes (as defined in section
405(1) of the Communications Act 2003).”

25 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) 10In 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

(iii) 15images 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) In paragraph 4—

(a) 20the 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) It is a defence for a person charged with an offence under
25section 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
participating in a permitted activity of a kind mentioned in
30sub-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
(1A)”, and

(c) 35after 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
section 141 of the Criminal Justice Act 1988 applies by virtue
40of 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
amending or revoking the order mentioned in subsection (1).

Offensive Weapons BillPage 27

(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
5make an order under section 141 of the Criminal Justice Act 1988 amending or
revoking the order mentioned in that subsection.

26 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
10England and Wales of weapons the possession of which will become unlawful
by virtue of—

(a) section 22 (by itself or in combination with section 21), or

(b) section 24.

(2) The Scottish Ministers may make such arrangements as they think fit to secure
15the orderly surrender at designated police stations in Scotland of weapons the
possession of which will become unlawful by virtue of—

(a) section 22 (by itself or in combination with section 21), or

(b) section 24.

(3) The Department of Justice in Northern Ireland may make such arrangements
20as 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) section 22 (by itself or in combination with section 21), or

(b) section 24.

(4) 25The 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) surrendered weapons of a particular description.

(5) The Chief Constable of the Police Service of Northern Ireland may designate
30any police station in Northern Ireland as being suitable for the receipt of—

(a) surrendered weapons, or

(b) surrendered weapons of a particular description.

27 Payments in respect of surrendered offensive weapons

(1) Subsection (2) applies if the Secretary of State makes arrangements for the
35surrender of weapons under section 26(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) Subsection (4) applies if the Scottish Ministers make arrangements for the
40surrender of weapons under section 26(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.

Offensive Weapons BillPage 28

(5) Subsection (6) applies if the Department of Justice in Northern Ireland makes
arrangements for the surrender of weapons under section 26(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
5accordance with the arrangements.

(7) Regulations 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) 10Condition A is that possession of the weapon to which the claim relates will
become unlawful by virtue of section 22 (by itself or in combination with
section 21) or section 24.

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

(10) 15Condition 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) other provision restricting eligibility for receipt of payments, including
20provision 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
claims must be made, any evidence and other information to be
25provided in support of a claim and the burden of proof in relation to a
claim).

Threatening with offensive weapon

28 Offence of threatening with offensive weapon etc

(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with
30offensive weapon in public) is amended in accordance with subsections (2) and
(3).

(2) In subsection (1)—

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

(b) in paragraph (c), for the words from “there” to the end of the paragraph
35substitute “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.”

(3) Omit subsection (2).

(4) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with
40article with blade or point or offensive weapon) is amended in accordance with
subsections (5) and (6).

(5) In subsection (1)—

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

Offensive Weapons BillPage 29

(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
threat as A would think that there was an immediate risk of physical
harm to B.”

(6) 5Omit subsection (4).

29 Offence of threatening with offensive weapon etc on further education
premises

(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) 10After subsection (1) insert—

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

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

(b) unlawfully and intentionally threatens another person (“A”)
15with the article, and

(c) does so in such a way that 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.”

(3) After subsection (3) insert—

(3A) 20In relation to further education premises this section applies to each of
these—

(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) 25In subsection (5)—

(a) at the appropriate place insert—

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

    (a)

    an institution within the further education sector
    30(within the meaning of section 91 of the Further
    and 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
    35person employed at the institution or the 16 to 19
    Academy;”;

(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
    40by a person employed at the school; and “school” has the
    meaning given by section 4 of the Education Act 1996.”