The Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025

Made: 11th June 2025

Coming into force in accordance with article 1(2)

The Secretary of State makes this Order in exercise of the powers conferred by section 141(2), (11D) and (12A) of the Criminal Justice Act 1988[^f00001].

In accordance with section 141(11E)[^f00002] of that Act, a draft of the instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Part 1 — Introductory

Citation, commencement and extent

1

• (1) This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025.

• (2) This Order comes into force as follows—

• (a) this Part and Part 3 come into force on the day after the day on which this Order is made;

• (b) Part 2 comes into force on 1st August 2025;

• (c) Part 4 comes into force on 1st July 2025.

• (3) This Order extends to England and Wales.

Part 2 — Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988

Application of section 141 of the Criminal Justice Act 1988 to ninja swords

2

• (1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988[^f00003] is amended as follows.

• (2) In paragraph 1, after sub-paragraph (t) insert—

(u) the weapon sometimes known as a “ninja sword”, being a sword with— (i) a blade whose length is at least 14 inches, but no more than 24 inches (the length of the blade being the straight-line distance from the top of the handle to the tip of the blade), (ii) a primary straight cutting edge, (iii) a secondary straight cutting edge, (iv) a blunt spine, and (v) either a tanto style point or a reversed tanto style point.

• (3) After paragraph 1A, insert—

(1B) (1) For the purposes of paragraph 1(u)(iv), a spine is blunt if it is not adapted to cutting. (2) For the purposes of paragraph 1(u)(v)— (a) a sword has a tanto style point if— (i) the angle between its primary straight cutting edge and its secondary straight cutting edge is greater than 90 degrees, and (ii) the angle between its secondary straight cutting edge and its spine is less than 90 degrees; (b) a sword has a reversed tanto style point if— (i) the angle between its primary straight cutting edge and its secondary straight cutting edge is less than 90 degrees, and (ii) the angle between its secondary straight cutting edge and its spine is greater than 90 degrees. (3) For the purposes of paragraph 1(u)(ii) and (iii) and this paragraph— (a) a primary straight cutting edge is the longest cutting edge of a blade which immediately connects to the handle; (b) a secondary straight cutting edge is a cutting edge— (i) which forms an angle with the primary straight cutting edge and the spine, and (ii) is no more than 5% longer or shorter than the width of the blade immediately after the handle.

• (4) In paragraph 4, after “paragraph 1(r)” in both places where it occurs insert “or (u)”.

• (5) In paragraph 5C, after “paragraph 1(sa)” insert “or (u)”.

• (6) In paragraph 5D, after “paragraph 1(sa)” insert “or (u)”.

• (7) In paragraph 5E, for “paragraph 1(r) or (sa)” substitute “paragraph 1(r), (sa) or (u)”.

• (8) In paragraph 6, for “5A and 5B” substitute “and 5A to 5E”.

Part 3 — Arrangements for surrender of weapons

Arrangements for surrender of weapons

3

• (1) The Secretary of State must make such arrangements as the Secretary of State thinks fit to secure the orderly surrender at designated police stations in England and Wales of weapons the possession in private of which will become unlawful by virtue of Part 2.

• (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 weapons surrendered in accordance with the arrangements made under paragraph (1).

• (3) The Secretary of State may also make such arrangements as the Secretary of State thinks fit to secure the orderly surrender at other designated locations in England and Wales of weapons the possession in private of which will become unlawful by virtue of Part 2.

• (4) The Secretary of State may designate any location in England and Wales as being suitable for the receipt of weapons surrendered in accordance with the arrangements made under paragraph (3).

• (5) In this Part, “chief officer of police” has the meaning given in section 101(1) of the Police Act 1996[^f00004].

Part 4 — Compensation for surrendered weapons

Eligibility for compensation

4

Compensation may be claimed by a person—

• (a) in respect of a weapon, possession in private of which will become unlawful by virtue of Part 2,

• (b) who—

• (i) owned the weapon on 27th March 2025, or

• (ii) on or before 27th March 2025 had contracted to acquire the weapon,

• (c) who has surrendered the weapon at a designated police station in accordance with arrangements made under article 3(1) within the period beginning with 1st July 2025 and ending with 31st July 2025, and

• (d) who has made a written declaration that the person is the legal owner of the weapon and that it was lawfully acquired.

Receipt of weapon surrendered

5

• (1) If an officer is satisfied that the criteria in article 4 have been met, the officer must, upon receipt of the weapon, issue a receipt containing a unique reference number to the person who surrendered the weapon.

• (2) The officer must ensure that a copy of the receipt is retained with the weapon surrendered.

• (3) In this Part, “officer” means any person authorised to accept surrender of weapons in accordance with arrangements made under article 3(1).

Claims for compensation

6

• (1) The claim form to be used for the purposes of this article is set out in the Schedule.

• (2) A person who has surrendered a weapon in accordance with the arrangements made under article 3(1) may make a claim to the Secretary of State on the claim form mentioned in paragraph (1).

• (3) The claim form, to be forwarded to the Secretary of State by the officer who accepted the surrender of the weapon, must be submitted at the same time as the weapon is surrendered.

• (4) The claim form must contain—

• (a) the claimant’s full name, date of birth and address,

• (b) the date on which the weapon was acquired or contracted to be acquired,

• (c) details of the bank account into which any compensation is to be paid,

• (d) the unique reference number contained on the receipt issued under article 5, and

• (e) the amount of compensation sought.

• (5) If the amount of compensation sought is higher than £5, the claimant must provide sufficient evidence of valuation of the weapon to enable the Secretary of State to determine the claim.

• (6) Evidence of valuation of a weapon may include—

• (a) a valuation from an auction house,

• (b) evidence of the price paid for the purchase of the weapon and the date of purchase, or

• (c) published evidence of the value of the weapon.

• (7) If not satisfied that the evidence of valuation supplied under paragraph (5) is sufficient to enable a determination of the claim to be made, the Secretary of State may request additional evidence to be supplied.

Determination and payment of claims

7

• (1) The Secretary of State must determine a claim made under article 6 as soon as reasonably practicable.

• (2) The amount of compensation payable for a weapon, if any, is £5, unless the claimant has indicated that a higher amount of compensation is sought.

• (3) Where the claimant has sought a higher amount of compensation than £5, the amount payable, if any, is to be determined by the Secretary of State taking account of the evidence of valuation of the weapon supplied.

• (4) If satisfied that a higher amount of compensation is payable under this Part, the Secretary of State must—

• (a) notify the claimant in writing of the amount of compensation that the Secretary of State considers is payable and give reasons for the decision, and

• (b) make payment of the amount determined into the bank account nominated for this purpose on the claim form submitted by the claimant.

• (5) If the Secretary of State considers that compensation is payable under this Part, but not satisfied that a higher amount of compensation is payable, the Secretary of State must—

• (a) notify the claimant in writing that £5 is payable and give reasons for the decision,

• (b) make payment of £5 into the bank account nominated for this purpose on the claim form submitted by the claimant.

• (6) If the Secretary of State considers that no compensation is payable, the Secretary of State must notify the claimant in writing that no compensation is to be paid and give reasons for the decision.

Schedule — Claim Form

Signed

Diana Johnson — Minister of State — Home Office — 11th June 2025

Explanatory note

(This note is not part of the Order)

Explanatory Note

Section 141 of the Criminal Justice Act 1988 (c. 33) (“section 141”) provides that any person who manufactures, sells or hires or offers for sale or hire, exposes or has in that person’s possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which that section applies shall be guilty of an offence.

The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (S.I. 1988/2019) (the “1988 Order”) specifies descriptions of weapons to which section 141 applies. Both section 141 and the 1988 Order set out defences to the section 141 offences.

Part 2 of this Order adds a new weapon description at paragraph 1(u) in the Schedule to the 1988 Order (the weapon sometimes known as a “ninja sword”), and provides for defences to the section 141 offences in relation to this new weapon description.

Part 3 of this Order provides for the making of arrangements for the surrender of weapons which fall under the new paragraph 1(u).

Part 4 of this Order provides for a scheme under which compensation can be claimed by persons surrendering weapons which fall under the new paragraph 1(u). Article 4 makes provision as to eligibility for compensation. Article 5 provides for officers accepting the surrendered items to issue a receipt. Article 6 provides for claims to be submitted where ninja swords have been surrendered and for the forms to be transmitted to the Secretary of State. Article 7 provides for determination of claims and payment by the Secretary of State. The claim form is set out in the Schedule.

The default level of compensation for these weapons, set at £5, is the amount of compensation payable unless the person claiming the compensation contends that the value exceeds that amount. If the person claims that the value exceeds this default level, evidence of valuation must be submitted and the level of compensation payable is to be determined by the Secretary of State.

The surrender arrangements referred to in this instrument may be obtained at gov.uk and from the Firearms and Weapons Policy Unit of the Crime Directorate of the Public Safety Group of the Home Office at 2 Marsham Street, London SW1P 4DF.

The equivalent annual net direct cost to business is less than £10 million, so an Impact Assessment is not required. An economic note has been produced instead and contains proportionate analysis outlining the main costs, benefits, and Net Present Social Value calculations. An Explanatory Memorandum and an economic note are available alongside this instrument on www.legislation.gov.uk. Copies may be obtained from the Firearms and Weapons Policy Unit of the Crime Directorate of the Public Safety Group of the Home Office at 2 Marsham Street, London SW1P 4DF.

Footnotes

[^f00001]: 1988 c. 33. Section 141(11D) is inserted by section 43(4) of the Violent Crime Reduction Act 2006 (c. 38). Section 141(12A) is inserted by section 46(15) of the Offensive Weapons Act 2019 (c. 17).

[^f00002]: Inserted by section 43(4) of the Violent Crime Reduction Act 2006.

[^f00003]: S.I. 1988/2019, amended by S.I. 2002/1668, 2004/1271, 2008/973, 2008/2039, 2016/803, 2024/583 and section 47 of the Offensive Weapons Act 2019. There are other amendments but they are not relevant.

[^f00004]: 1996 c. 16.