Offensive Weapons - UK

Offensive Weapons in Martial Arts

S.1 Prevention of Crime Act 1953:

"(1) Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him in public place any offensive weapon shall be guilty of an offence, and shall be liable-"

Punishable on summary conviction by 3 months imprisonment or level 5 fine; on indictment by 2 years imprisonment and/or maximum fine.

Although there are no express power of arrest for this offence an arrest can be carried out if the general arrest conditions under PACE are satisfied. In any event the constable may seize the weapon in question.

Section 1(4) provides a definition of an offensive weapon:-

'Offensive weapon' means any article made or adapted for use for causing injury to the person, or intended by the person having it worth him for such use by him (or some other person).

Offensive Weapons - UK - weapons become offensive in two ways-

(a) Some weapons are offensive per se because they have been purpose of causing injury or have been so adapted

(b) Any article which has the potential of causing injury is offensive if the possessor has it with the intention of causing injury

The question of whether the article is offensive per se or otherwise has important bearing on the burden of proof:-

If the weapon is offensive per se and it is proved that the defendant had it with him/her in a public place, the burden shifts to the defendant to prove that s/he had lawful authority or reasonable excuse, and the prosecutor is relieved of the burden of proving that the defendant had it with him/her with the intention of causing injury.

Offensive Weapons - UK

Offensive Weapons in the UK associated with some combat and martial groups:

 The Criminal Justice Act 1988

(Offensive Weapons) Order 1988

The Criminal Justice Act 1988 (Offensive Weapons) Order 1988

1988 No. 2019

CRIMINAL LAW, ENGLAND AND WALES CRIMINAL LAW, NORTHERN IRELAND CRIMINAL LAW, SCOTLAND

The Criminal Justice Act 1988 (Offensive Weapons) Order 1988

Made 17th November 1988

Coming into force 18th January 1989

In exercise of the powers conferred upon me by section 141(2) of the Criminal Justice Act 1988[1], a draft of this instrument having been laid before Parliament and having been approved by each House of Parliament, I hereby make the following Order:

1. This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 and shall come into force two months after the day on which it is made.

2. The Schedule to this Order shall have effect.

Douglas Hurd

One of Her Majesty's Principal Secretaries of State

Home Office

17th November 1988

SCHEDULE

Article 2

1. Section 141 of the Criminal Justice Act 1988 (offensive weapons) shall apply to the following descriptions of weapons, other than weapons of those descriptions which are antiques for the purposes of this Schedule:

(a) A knuckleduster, that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;

(b) a swordstick, that is, a hollow walking-stick or cane containing a blade which may be used as a sword;

(c) the weapon sometimes known as a "handclaw" , being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;

(d) the weapon sometimes known as a "belt buckle knife" , being a buckle which incorporates or conceals a knife;

(e) the weapon sometimes known as a "push dagger" , being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;

(f) the weapon sometimes known as a "hollow kubotan" , being a cylindrical container containing a number of sharp spikes;

(g) the weapon sometimes known as a "footclaw" , being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;

(h) the weapon sometimes known as a "shuriken" , "shaken" or "death star" , being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown;

(i) the weapon sometimes known as a "balisong" or "butterfly knife" , being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;

(j) the weapon sometimes known as a "telescopic truncheon" , being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;

(k) the weapon sometimes known as a "blowpipe" or "blow gun" , being a hollow tube out of which hard pellets or darts are shot by the use of breath;

(l) the weapon sometimes known as a "kusari gama" , being a length of rope, cord, wire or chain fastened at one end to a sickle;

(m) the weapon sometimes known as a "kyoketsu shoge" , being a length of rope, cord, wire or chain fastened at one end to a hooked knife;

(n) the weapon sometimes known as a "manrikigusari" or "kusari" , being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip;

2. For the purposes of this Schedule, a weapon is an antique if it was manufactured more than 100 years before the date of any offence alleged to have been committed in respect of that weapon under subsection (1) of the said section 141 or section 50(2) or (3) of the Customs and Excise Management Act 1979[2] (improper importation).

Here is a up date to this law passed in 2002:

2002 Update

2. This Order extends to England, Wales and Northern Ireland only.

3. The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988[2], which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988, shall be amended by the insertion into paragraph 1 of that Schedule after sub-paragraph (n) the words -

"a disguised knife, that is any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone)"

John Denham
Minister of State
Home Office

22nd June 2002

Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988

3. - (1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988[2], (which specify offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988), shall be amended by the insertion into paragraph 1 of that Schedule after sub-paragraph (o) the following:

(p) "A stealth knife, that is a knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy"

(q) "A straight, side-handled or friction-lock truncheon (sometimes known as a baton)".

Hazel Blears
Minister of State
Home Office

5th May 2004