Correct on the date of publication - 14 April 2025
Question:
How can a collector of swords avoid committing offensive weapons offences?
Answer:
Some weapons are banned in law from being possessed in private. The legislation around the possession of offensive weapons, such as swords, in a private place is primarily contained within section 141 of the Criminal Justice Act 1988 which makes it an offence to possess any of the weapons listed in the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988.
In relation to swords, the Schedule of weapons includes:
(b) a swordstick - a hollow walking-stick or cane containing a blade which may be used as a sword; and
(r) a sword with a curved blade of 50 centimetres or over in length, the length of the blade is measured using the straight line distance from the top of the handle to the tip of the blade.
The Schedule contains a full list of the applicable weapons and we would advise an officer advising or investigating, to review the Schedule in full to determine if any of the other types are applicable in the exact circumstances. The legislation in this respect therefore criminalised the possession of these types of weapons in private places (such as a person’s home).
Defences
There are several defences available within the legislation. Of note, section 141(7A) provides a defence where the individual can show that the weapon in question is of historical importance. Section 141(11ZA) provides a defence for a person to show that they possessed the weapon for educational purposes.
The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 also contains some defences. The Schedule makes it clear that it does not apply to weapons which are antiques. 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 relation to offences involving swords with a curved blade of 50cm or more, it is a defence under paragraph 3 of the Schedule for an individual to show that the weapon was made before 1954 or was made at any other time according to traditional methods of making swords by hand. Furthermore, in relation to these specific swords, it is also a defence for a person charged to show that their conduct was for the purpose of holding a permitted activity (historical re-enactment or sporting activity) for which public liability insurance is held, for the individual to show that it was possessed for religious reasons or for presentation by a Sikh to another person at a religious ceremony.
Possession for any reason outside of the defences included in the law will be a criminal offence. It will be up to the individual to provide proof of any of the defences available. This could be done by keeping documentation such as certificates and authentication paperwork to show the age of the sword or the techniques and methods which were used to make it.
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