Zombie Knives and Machetes Written by: Ruth Owen, PNLD Legal Adviser

Not reviewed after the date of publication - 25 July 2024

From 24 September 2024, zombie style knives and machetes will be added to the list of offensive weapons.

In this article, PNLD Legal Adviser Ruth Owen takes a look at the current law regarding zombie knives and what the upcoming changes will look like.

The current law

Zombie knives (sometimes referred to as a zombie killer knife or zombie slayer knife) are defined in the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 as a blade with a cutting edge; serrated edge and images or words (whether on the blade or handle) that suggest the item is to be used for the purposes of violence. 

It is currently illegal to manufacture, sell, hire, or possess zombie knives that meet the definition outlined above however, manufacturers and retailers have become wise to this definition, producing knives that do not strictly meet the specified characterisation required under the legislation. For example, by removing wording on the blade or handle that may indicate the item is to be used for violence. Additionally, the requirement for such knives to bear images or words on the blade or handle causes many prosecutorial difficulties. Even where such wording is present, whether the item conveys it is to be used for violence is a case specific determination to be made by a judge, for which there lacks any formal guidance. 

How is the current law changing?
From 24 September 2024, zombie style knives and machetes are added to the list of offensive weapons contained in the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 specifically at paragraph 1(sa) and 1A(1). The weapons are added by SI 2024/583 - Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024.

A Zombie style knife or machete is defined as a bladed article with a plain cutting edge, a sharp pointed end, and a blade of over 8 inches in length (the length of the blade being the straight-line distance from the top of the handle to the tip of the blade). For a particular knife to amount to a zombie style knife or machete, such bladed articles will be required to have one or more specified features and also, not meet the definition of a zombie knife. The specified extra features are that a bladed article has:
  • a serrated cutting edge (other than a serrated cutting edge of up to 2 inches next to the handle);
  • more than one hole in the blade;
  • spikes;
  • more than two sharp points in the blade.
The addition of zombie style knives and machetes to the Schedule means the items will fall under the remit of existing offences provided by section 141 of the Criminal Justice Act 1988, concerning the possession of offensive weapons in private and, the manufacture and sale of such items. It will also be an offence to import zombie style knives and machetes under section 50 of the Customs and Excise Management Act 1979, creating offences relating to the improper importation of goods. 

The introduction of a wider definition for zombie style knives and machetes is intended to cater for loopholes in the law, as discussed in the introduction to this article, incorporating recommendations made as a result of a public consultation. However, it is accepted that certain machetes and larger outdoor knives may be needed for a wide range of legitimate purposes, including in farming. The majority of people who use knives as tools for legitimate reasons will continue to be able to do so, with such knives not being captured under the changes discussed above. The ban is intended solely to focus on zombie style knives or machetes that have no purpose, other than to harm. 
New and amended defences
To account for the changes, both new and amended defences will be added to the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988, summarised below:
 
  • Weapons of historical importance.
Paragraph 5C is inserted, providing a defence to an offence under section 141(1) of the Criminal Justice Act 1988 (manufacture, sale and hire etc or possession in private of certain offensive weapons); or an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation) where the conduct relates to a zombie style knife or machete, but the person can show the weapon is one of historical importance.
 
  • Handmade weapons.
Paragraph 5D will provide a defence to offences under sections 141(1), 141(1A) of the Criminal Justice Act 1988 and section 50(2) or (3) of the Customs and Excise Management Act 1979 where the conduct relates to a zombie style knife or machete, but it can be shown that the weapon was made by hand. 

A weapon is made by hand if the making (including construction, finish, and decoration) of the weapon is accomplished predominantly by one or more of the following methods namely, hand labour or manually controlled methods which permit the maker to control and vary the construction, shape, design, and finish of each part of each weapon (including the use of hand-controlled power tools).
 
  • Blunt Weapons.
Paragraph 5E will provide a defence to offences under sections 141(1), 141(1A) of the Criminal Justice Act 1988 and section 50(2) or (3) of the Customs and Excise Management Act 1979 where the conduct relates to a zombie style knife or machete or a sword with a curved blade of 50 centimetres or over in length (see paragraph 1(r) of the Schedule) where the weapon is blunt. 

A weapon is blunt if it does not have any of the following elements namely, a thin edge adapted to cutting; a sharp point adapted to piercing or, any other element adapted to cutting or piercing.
 
  • Additions to existing defences
Zombie style knives and machetes are added to existing defences available under paragraphs 5A and 5B relating to possessing a weapon for religious reasons.
Surrender of Zombie Style Knives and Machetes
Until 24 September 2024 when the ban comes into force, zombie style knives and machetes may still be legally owned. 

The Order bestows powers on the Secretary of State to make arrangements to establish surrender schemes, permitting those persons who own the specified zombie style knives and machetes to surrender and receive compensation for the items prior to the ban coming in to force. The power to establish surrender schemes came into force on the 26th June 2024, see Article 3 of the Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024.

Under the schemes, a standard level of compensation to be paid for each weapon surrendered in accordance with arrangements under this Part is £10 and those claiming compensation must prove certain eligibility requirements to receive the sum. Requirements include that they owned the weapon before 26 August 2024 or on or before 26 August 2024, had contracted to acquire the weapon and surrender took place during a certain period, with a declaration regarding surrender having been made. For claims for individual items worth over £10, individuals will need to provide acceptable evidence of the value of the item (for example, purchase receipt). The Articles relating to making claims are to be brought in force on 26 August 2024.
Summary
The ban on zombie-style knives and machetes responds to significant public and parliamentary concern about increases in knife crime, and the sale of knives which appear to have no legitimate purpose, building on, and, filling in loopholes within the law. The impact of the change will be monitored by the government, utilising feedback from the police and Trading Standards and, through crime recording statistics.

As mentioned, the legislation comes into force on various dates and will be available to view on PNLD in the near future. The government have not ruled out making additional secondary legislation in the future, adding additional items to the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988, future proofing the legislation.

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