Recent Amendments to the Criminal Justice Act 1988
As of 24 September 2024,[1] Schedule 1 of The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 was amended to criminalise the possession of “zombie-style knives/machetes” even in a private place. A zombie style knife is now defined as being a bladed article with a blade length of over eight inches with either a serrated edge, multiple holes in the blade, spikes, or two sharped points.[2] It will also become an offence to manufacture, import, sell or supply zombie style knives.
The Old Law on “Zombie” Knives
The necessity for the change in the law arose from a loophole in the previous legislation governing zombie knives. Since 18 August 2016, until now, the prohibition on the private possession of zombie knives required a bladed article with a cutting edge, a serrated edge, and images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence.[3]
However, this did not curb their use in criminal activity as manufacturers simply removed the threatening wording on the blade or handle inciting violence, thereby avoiding legal restrictions.
What Can’t I Keep at Home?
Under Section 141 of the Criminal Justice Act 1988 (Schedule 1 refers), it is criminal offence to possess any of the following in a private place:[4]
- Knuckleduster;
- Swordstick;
- Handclaw;
- Belt buckle knife;
- Push dagger;
- Hollow kubotan;
- Footclaw;
- Shuriken;
- Balisong;
- Telescopic truncheon;
- Blowpipe;
- Kusari gun;
- Kyoketshu shoge;
- Manrikigusari;
- Any disguised knife;
- Any stealth knife;
- Baton;
- Curved sword;
- Zombie-style knife;
- Cyclone knife.
This is lengthy and ever-changing list, and it can be a nasty surprise if the police discover one of these weapons in your home and suddenly you are faced with a criminal charge. Unfortunately, much of these amendments and additions to the law are not widely publicised meaning that you may be in possession of a prohibited item either now, or in the future, and not even realise it. Worse still, the law offers no defence to ignorance and the defences available to this offence are very limited.
What Defences Are Available?
The defences available for the Section 141 offence are scarce and limited to circumstances such as the conduct being carried out was done so on behalf of the Crown, or if the weapon is one of “historical importance” or that it was to be given to a museum or used in theatrical performances.[5]
What Are the Sentencing Guidelines?
There are no sentencing guidelines for this offence, but it is one that can be tried summarily only, meaning that it can only be heard by the Magistrates Court, thereby attracting a maximum sentence of 6-months’ imprisonment.[6]
However, there are separate offences for either possessing these weapons in a public place or for threatening another with these weapons in either a public or private place, all of which can be heard in the Crown Court and therefore carry much more severe penalties.[7][8][9]
How Can We Help?
If you are arrested at any time of the day or night, we have a dedicated team of Criminal Defence specialist advisers able to attend at the police station. They will protect your rights and advise you how to best proceed at what can be a very frightening time in intimidating surroundings.
If you are charged with an offence, we will provide common sense advice throughout the proceedings at the Magistrates Court. If your case proceeds to the Crown Court, we will fully prepare the case and instruct a Barrister. Alternatively, we have our own specialist solicitors who are qualified to attend and represent you at the Crown Court should you prefer a more personal level of service.
For 24hr Police Station Representation across Lincolnshire & Nottinghamshire and the region, please contact us on 01522 561 022.