Criminal Justice Bill

Written evidence submitted by by Graham T Priest to the Criminal Justice Bill Public Bill Committee (CJB48)

Executive Summary

 The lack in clauses 10 and 18 of the Criminal Justice Bill 2023 of appropriate defences and exemptions.

 Ministerial acknowledgement after the consultation process that specific exemptions for legitimate articles such as objects of historical interest should be included in legislation (press release 30 August 2023).

 Impact on heritage and owners rights of the application of antique, vintage and historical importance defences across the various Acts on the prohibition and unlawful marketing of offensive weapons.

 Consideration of a defence of historical importance for ownership of prohibited offensive weapons under subsection (1A) of Restriction of Offensive Weapons Act 1959, with the additional requirement of manufactured before or after 1945.

 Consideration of a defence to the importation, manufacture, sale and loan of prohibited offensive weapons in section 141 of Criminal Justice Act 1988 and section 1 of Restriction of Offensive Weapons Act 1959.

Introduction

1. This submission to the General Committee for Criminal Justice Bill (CJB) 2023 is by me as an individual. My interest concerns the collection of bayonets. I have accumulated many examples (1690s to 2019) since 1957 and have shared information throughout the world until the present date. I am the author of several specialist books (The Brown Bess Bayonet 1720-1860-Tharston Press-1986,1995, The Spirit of the Pike. British Socket Bayonets of the Twentieth Century- Uppem Publications-2003, The Bayonets of the Grand Master’s Palace in Malta- Uppem Publications-2008 & Socket Bayonets: A History and Collectors Guide- Amberley Publications-2016) plus some 338 articles in magazines and journals. I have lectured at the Imperial War Museum and Tower of London. I am a current (founding) member of the Society of American Bayonet Collectors and L’Association Francaise des Collectionneurs de Baionnettes. As a ‘friend’ of the Weapons Collection Warminster I have catalogued, advised and created a display on bayonets.

2. My submission applies to only those aspects of CJB 2023 that relate to Offensive Weapons. My reasons for this submission is that I believe that the Bill as written provides no information, clauses or guidance on the defences that would apply to genuine collectors of bladed items. Section 18 provides no defences for legitimate ownership and this seems to be major omission, given that the clause is clearly aimed at items such a large Machetes/Zombie Knives or other large knives that were the subject of the recent consultation.

Defences

3. The press release from the Home Office and Minister for Crime, Policing and Fire, The Rt Hon Chris Philp MP published 30 August 2023 regarding these items clearly stated :

The measures come as the government responds to a public consultation launched in April this year, which carefully considered responses from individuals, manufacturers, retailers and trade organisations that rely on bladed items. Specific exemptions will be made for legitimate articles such as objects of historical importance and those that are hand-made, in order to avoid negative impacts on the antiques market and British-made industries that rely on top-end, high-value blades that are highly unlikely to end up in the hands of criminals."

4. Clarification of the unspecified "specific exemptions for legitimate articles such as objects of historical importance" needs inclusion in the CJB 2023 that relates to weapons. Sections 9,10 & 18, do not include any specific exemptions.

5. It may well be the case that defences that apply will be the subject of those already contained in Criminal Justice Act 1988 and Offensive Weapons Act (OWA) 2019 however the limitation imposed by the historical importance defence of OWA2019 handicaps collectors and so our heritage. The requirement for anyone to prove that an item is of historical importance and the illogical caveat that it cannot be sold or gifted will have long term results as such an artefact will then be at risk of destruction in the future. Some items less than 100 years old (the antique rule) record the final years of Britain’s military design, development and production. If the survival of the piece depends on the lifespan of the current owner this will potentially mean the loss of an historical important item.

6. A typical example is the current L3A1 (SA-80) bayonet issued from 1985 onwards. This has saw teeth and a wire cutter pivot opening on the blade. Some of these parameters will match Zombie knives so might fall foul of the new restrictions. Rarer production designs have some monetary value so will impact on collectors’ assets if proscribed. Many will probably leave the country so our heritage will be poorer.

7. Valuable items from the collectors market are unlikely to be of interest within criminal activities. Cheap domestic knives, readily obtained, form the majority of aggressive implements.

8. Many other post war production military items of historical importance from the Korean War, small colonial campaigns, the Falklands War and Middle-Eastern conflicts may be at risk.

9. Press images of knives confiscated from criminals, recovered from incidents or deposited during amnesties rarely include historically important antique, vintage or recent military weapons. Poorly drafted legislation will penalise them in the same way as the targetted fantasy knives. Antique and vintage artefacts with particular features such as a single cutting edge or saw back, such as the L3A1 bayonet (AnnexA), may be caught by the legislation unless clarification can be provided. More effort is required to current and proposed legislation to maintain the stated aims of: "Specific exemptions will be made for legitimate articles such as objects of historical importance"

10. Although costly and bureaucratic some kind of certification might be considered for collections of historical artefacts.

11. The Committee has to consider that new legislation may indicate to the public that ‘something is being done about knife crime’ but only law abiding citizens will feel the impact as criminals continue to use kitchen knives.

Recommendations

18. The Committee recommend amendments to CJB2023 Sections 9,10 & 18 to include defences for the ownership bladed articles.

19. That the Committee discuss with the Home Secretary the bringing of defences in Section 1 of ROWA 1959 and section 141 of CJA 1988 in line with the defence of antiques and curios in section 3 of the Knives Act 1997.

ANNEX A
L3A1 Bayonet for L85A1 (SA80) rifle.

January 2024.