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Criminal Justice Act 1988

43 versions · 1988-07-29

2025-10-29

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2024-06-14

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2024-05-24

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2023-12-20

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2023-02-07

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2022-06-28

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2022-04-28

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2022-03-24

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2020-12-31

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2020-03-25

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2019-08-01

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2018-11-13

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2018-01-29

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2017-07-31

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2016-11-30

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2016-04-01

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2016-03-07

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2015-04-21

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2015-02-12

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2015-01-14

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2014-03-13

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2013-12-09

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2013-07-22

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2013-01-31

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2012-10-01

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2012-02-01

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2011-12-15

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2011-05-05

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Changes on 2011-05-05

@@ -4,7 +4,7 @@

### Preliminary

#### Requirement of Attorney General’s consent for prosecutions.

#### Bail: hostel conditions.

##### 1

@@ -910,9 +910,11 @@

- “*offence triable either way*” means an offence punishable on conviction on indictment or on summary conviction.

- (9A) Any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.

- (10) For subsection (5) there shall be substituted—

> (5) An order under subsection (4) above shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such statutory rule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

> (5) An order under subsection (4) above shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

@@ -968,7 +970,7 @@

- (9) In the application of this section to Northern Ireland—

- (a) any reference to the Attorney General shall be construed as a reference to the Attorney General for Northern Ireland;

- (a) any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland ;

- (aa) the reference to section 51A(2) of the Firearms Act 1968 shall be construed as a reference to Article 70(2) of the Firearms (Northern Ireland) Order 2004;

@@ -1764,8 +1766,6 @@

##### 98

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#### Authorisation of delay in notifying arrest etc

##### 99

@@ -2052,12 +2052,58 @@

- (b) the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of this section as “*reversed*” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

the conviction is not to be treated for the purposes of this section as “ *reversed* ” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

- (5B) In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates' court by the Crown Court under section 48(2)(b) of the Senior Courts Act 1981.

- (6) For the purposes of this section and section 133A a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.

- (6A) Subject to what follows, in the application of this section in relation to a person (“P”) convicted in Northern Ireland of a criminal offence, in subsections (1) to (4) any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

- (6B) If P is pardoned, subsection (6A) applies only if the pardon is a devolved pardon.

- (6C) Subsections (6D) to (6H) apply if—

- (a) P’s conviction is reversed or P is given a devolved pardon,

- (b) an application for compensation is made in relation to P’s conviction,

- (c) the application is made before the end of the period mentioned in subsection (2) or, if it is made after the end of that period, the Department of Justice gives a direction under subsection (2A), and

- (d) the Department of Justice has reason to believe that protected information may be relevant to the application (for example, because the court which quashed P’s conviction did not make public (in whole or in part) its reasons for quashing P’s conviction).

- (6D) The Department of Justice must refer the application to the Secretary of State who must then take a view as to whether or not any protected information is relevant to the application.

- (6E) If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly.

- (6F) If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—

- (a) the protected information, or

- (b) a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

- (6G) If the Secretary of State refers the application back to the Department of Justice under subsection (6F), the Secretary of State must provide the Department with either—

- (a) the protected information, or

- (b) a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

- (6H) If the Secretary of State is not required to refer the application back to the Department of Justice—

- (a) subsections (3) and (4) apply to the application ignoring subsection (6A), and

- (b) any compensation payable on the application is payable by the Secretary of State.

- (6I) In this section “protected information” means information the disclosure of which may be against the interests of national security.

- (6J) In this section “devolved pardon” means—

- (a) a pardon given after the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 in the exercise of powers under section 23(2) of the Northern Ireland Act 1998;

- (b) a pardon given before the coming into force of that Order which, had it been given after the coming into force of that Order, would have had to have been given in the exercise of powers under section 23(2) of the 1998 Act (ignoring article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010).

- (6K) The pardons covered by subsection (6J)(a) include pardons given in reliance on article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

- (7) Schedule 12 shall have effect.

### Torture

@@ -2104,7 +2150,7 @@

- (a) in England and Wales, except by, or with the consent of, the Attorney General; or

- (b) in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland.

- (b) in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.

#### Extradition under 1870 Act

@@ -2212,7 +2258,7 @@

##### 141

- (1) Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both

- (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or to both;

@@ -2330,7 +2376,21 @@

- (12) This section shall not have effect in relation to anything done before it comes into force.

- (13) In the application of this section to Northern Ireland the reference in subsection (2) above to the Firearms Act 1968 shall be construed as a reference to the Firearms (Northern Ireland) Order 2004 .

- (13) In the application of this section to Northern Ireland in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference to the Firearms Act 1968 shall be construed as a reference to the Firearms (Northern Ireland) Order 2004 .

- (14) In the application of this section to Northern Ireland, the power under subsection (11D) above to provide by order—

- (a) for exceptions and exemptions from the offence under subsection (1) above; and

- (b) for it to be a defence in proceedings for such an offence to show the matters specified or described in the order,

is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).

- (15) Any power of the Department of Justice in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

- (16) No order shall be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

- (17) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (16) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

#### Power of justice of the peace to authorise entry and search of premises for offensive weapons

@@ -3520,7 +3580,7 @@

In the application of this Schedule to Northern Ireland—

- (a) any reference to the Attorney General shall be construed as a reference to the Attorney General for Northern Ireland;

- (a) any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland;

- (b) any reference (except in paragraph 11) to the registrar of criminal appeals shall be construed as a reference to the Master (Queen’s Bench and Appeals);

@@ -4556,7 +4616,7 @@

- (b) an advocate or solicitor in Scotland;

- (c) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing;

- (c) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing;or

- (d) a person who holds or has held judicial office in any part of the United Kingdom; or

@@ -4618,7 +4678,7 @@

- (b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

that power shall only be exercisable with the consent of the ... Lord Chief Justice of Northern Ireland.

##### 7

@@ -5622,7 +5682,7 @@

##### 89

In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word “thereof)" there shall be inserted the words “and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)".

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### Criminal Justice Act 1982 (c. 48)

@@ -5753,11 +5813,7 @@

##### 111

The following paragraph shall be substituted for subsection (6)(j) of section 3 of the Criminal Justice Act 1987 and subsection (5)(k) of section 54 of the Criminal Justice (Scotland) Act 1987 (each of which sections relates to disclosure of information)—

> (0) a person appointed by the Bank of England under section 41 of the Banking Act 1987 to carry out an investigation and make a report;

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### Criminal Justice Act 1987 (c. 38)

@@ -5820,22 +5876,7 @@

##### 117

- (1) Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.

- (2) In subsection (1) for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.":

- (3) In subsection (2)—

- (a) for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and

- (b) for the word “class" there shall be substituted the word “description".

- (4) In subsection (5) after the word “him" there shall be inserted “(a)" and at the end of the subsection there shall be added the words

> ; or

> (b) in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

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### The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)

@@ -5849,7 +5890,7 @@

## SCHEDULE 16

#### Suppression of terrorism.

#### Scope of Part I.

##### 32A

@@ -5861,32 +5902,32 @@

#### Reviews of sentencing.

#### Common assault and battery to be summary offences.

#### Scope of Part IV.

#### Certain either way offences relating to motor vehicles to be summary offences.

#### Repeal of s.134 of Magistrates’ Courts Act 1980.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 72A

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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 72A

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#### - Making of confiscation orders.

##### 72AA

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#### Confiscation orders.

##### 73A

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#### Confiscation relating to a course of criminal conduct.

##### 73A

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#### Provision of information by defendant.

### Review and revision of certain questions and determinations

##### 74A

@@ -5897,20 +5938,20 @@

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#### Review of cases where proceeds of crime not assessed.

#### Statements, etc. relevant to making confiscation orders.

##### 74C

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#### Definition of principal terms used.

##### 75A

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#### Revision of assessment of amount to be recovered.

##### 75A

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#### Interest on sums unpaid under confiscation orders.

### Money laundering and other offences

##### 93A

@@ -5921,1492 +5962,1594 @@

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#### Restraint orders.

#### Application of procedure for enforcing fines.

##### 93C

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#### Cases in which restraint orders and charging orders may be made.

##### 93D

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##### 93E

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##### 93F

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#### Concealing or transferring proceeds of criminal conduct.

##### 93D

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##### 93E

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##### 93F

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#### Application of sections 93A to 93D to Scotland.

##### 93G

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### Investigations into the proceeds of criminal conduct

#### Tipping-off.

##### 93H

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##### 93I

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#### Extension of certain offences to Crown servants and exemptions for regulators etc.

##### 93H

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##### 93I

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#### Authority for search.

##### 93J

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#### Order to make material available.

#### Disclosure of information held by government departments.

##### 133A

- (1) This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 133 for a miscarriage of justice.

- (2) In assessing so much of any compensation payable under section 133 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

- (a) the seriousness of the offence of which the person was convicted and the severity of the punishment suffered as a result of the conviction, and

- (b) the conduct of the investigation and prosecution of the offence.

- (3) The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 133 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—

- (a) any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and

- (b) any other convictions of the person and any punishment suffered as a result of them.

- (4) If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 133 is to be a nominal amount only.

- (5) The total amount of compensation payable to or in respect of a person under section 133 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is—

- (a) £1 million in a case to which section 133B applies, and

- (b) £500,000 in any other case.

- (6) The total amount of compensation payable under section 133 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.

That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.

- (7) The Secretary of State may by order made by statutory instrument amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.

- (8) No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

- (9) In relation to compensation payable by the Department of Justice in Northern Ireland, the power in subsection (7) is exercisable by the Department (and not by the Secretary of State).

- (10) The power of the Department of Justice to make an order under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

- (11) No order may be made by the Department of Justice under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (8) does not apply).

- (12) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

##### 133B

- (1) For the purposes of section 133A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—

- (a) the conviction is reversed, or

- (b) the pardon is given,

as mentioned in section 133(1).

- (2) P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

- (a) by virtue of a sentence passed in respect of the relevant offence,

- (b) under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

- (c) as a result of P's having been remanded in custody in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

- (3) In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—

- (a) in qualifying detention, and

- (b) in excluded concurrent detention.

- (4) P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

- (a) during the term of a sentence passed in respect of an offence other than the relevant offence,

- (b) under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

- (c) as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—

- (i) the relevant offence, or

- (ii) any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

- (5) But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.

- (6) In this section—

- “ *mental health legislation* ” means— Part 3 of the Mental Health Act 1983,Part 3 of the Mental Health (Northern Ireland) Order 1986, orthe provisions of any earlier enactment corresponding to Part 3 of that Act or Part 3 of that Order;

- “ *the relevant offence* ” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));

- “ *remanded in custody* ” is to be read in accordance with subsections (8) and (9);

- “ *reversed* ” has the same meaning as in section 133 of this Act.

- (7) If, as a result of the miscarriage of justice—

- (a) two or more convictions are reversed, or

- (b) a pardon is given in respect of two or more offences,

“ *the relevant offence* ” means any of the offences concerned.

- (8) In relation to England and Wales, “ *remanded in custody* ” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.

- (9) In relation to Northern Ireland, “ *remanded in custody* ” means—

- (a) remanded in or committed to custody by an order of a court, or

- (b) remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.

#### Enforcement of Northern Ireland orders.

##### 139A

- (1) Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.

- (2) Any person who has an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.

- (3) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.

- (4) Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—

- (a) for use at work,

- (b) for educational purposes,

- (c) for religious reasons, or

- (d) as part of any national costume.

- (5) A person guilty of an offence—

- (a) under subsection (1) above shall be liable—

- (i) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

- (ii) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both;

- (b) under subsection (2) above shall be liable—

- (i) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

- (ii) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.

- (6) In this section and section 139B, “*school premises*” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “*school*” has the meaning given by section 4 of the Education Act 1996.

- (7) In the application of this section to Northern Ireland—

- (a) the reference in subsection (2) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987; and

- (b) the reference in subsection (6) above to section 4 of the Education Act 1996 is to be construed as a reference to Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.

##### 139B

- (1) A constable may enter school premises and search those premises and any person on those premises for—

- (a) any article to which section 139 of this Act applies, or

- (b) any offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

if he has reasonable grounds for suspecting that an offence under section 139A of this Act is being, or has been, committed.

- (2) If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for suspecting to be an article or weapon of a kind described in subsection (1) above, he may seize and retain it.

- (3) The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.

- (4) In the application of this section to Northern Ireland the reference in subsection (1)(b) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987.

##### 141ZA

- (1) This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.

- (2) The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.

- (3) The Scottish Ministers may in particular—

- (a) provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;

- (b) increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—

- (i) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;

- (ii) on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;

- (c) create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order.

- (4) In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—

- (a) the granting, and revocation, by them of authorisations in relation to the acquisition of swords;

- (b) enabling them to specify conditions in such authorisations;

- (c) requiring persons to whom authorisations are granted to comply with such conditions;

- (d) making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions.

- (5) Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.

- (6) The penalty is—

- (a) imprisonment for a term not exceeding 12 months; or

- (b) a fine not exceeding level 5 on the standard scale,

or both.

- (7) The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).

##### 141ZB

- (1) The importation of an offensive weapon is prohibited, subject to section 141ZC.

- (2) In this section “ *offensive weapon* ” means a weapon of a description specified in an order made by the Secretary of State for the purposes of this subsection.

- (3) The Secretary of State may not specify any of the following under subsection (2)—

- (a) a weapon subject to the Firearms Act 1968;

- (b) a crossbow.

- (4) Orders under this section are to be made by statutory instrument.

- (5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

- (6) In the application of this section to Northern Ireland the reference in subsection (3) to the Firearms Act 1968 is to be construed as a reference to the Firearms (Northern Ireland) Order 2004.

#### Prohibition on importation of offensive weapons: exceptions

##### 141ZC

- (1) The importation of a weapon is not prohibited by section 141ZB if one of the following exceptions applies.

- (2) Exception 1 is that the weapon is imported for the purposes only of functions carried out on behalf of—

- (a) the Crown, or

- (b) a visiting force.

- (3) Exception 2 is that the weapon is imported for the purposes only of making it available to a museum or gallery which does not distribute profits.

- (4) Exception 3 is that the weapon is imported for the purposes only of making it available for one or more of the following—

- (a) theatrical performances;

- (b) rehearsals of theatrical performances;

- (c) the production of films;

- (d) the production of television programmes.

- (5) In subsection (4)—

- “ *films* ” has the meaning given by section 5B of the Copyright, Designs and Patents Act 1988;

- “ *television programmes* ” has the meaning given by section 405 of the Communications Act 2003.

- (6) The Secretary of State may by order provide for further exceptions from the prohibition on importation of weapons under section 141ZB.

- (7) Orders under this section are to be made by statutory instrument.

- (8) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

- (9) Expressions used in this section and in section 141 have the same meaning in this section as in that section.

#### Sale of knives and certain articles with blade or point to persons under sixteen.

##### 141ZD

- (1) This section applies for the purposes of proceedings for an offence under the Customs and Excise Management Act 1979 relating to a weapon the importation of which is prohibited by section 141ZB above.

- (2) An exception conferred by or under section 141ZC is to be taken not to apply unless sufficient evidence is adduced to raise an issue with respect to the exception.

- (3) Where sufficient evidence is adduced to raise an issue with respect to an exception, it is to be taken to apply unless the contrary is proved beyond a reasonable doubt.

##### 141A

- (1) Any person who sells to a person under the age of eighteen years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

- (2) Subject to subsection (3) below, this section applies to—

- (a) any knife, knife blade or razor blade,

- (b) any axe, and

- (c) any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.

- (3) This section does not apply to any article described in—

- (a) section 1 of the Restriction of Offensive Weapons Act 1959,

- (b) an order made under section 141(2) of this Act, or

- (c) an order made by the Secretary of State under this section.

- (4) It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

- (5) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

#### Sale of knives and certain articles with blade or point to persons under sixteen.

#### Prohibition on importation of offensive weapons: burdens of proof

##### 160A

- (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photographor pseudo-photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

- (a) were married or civil partners of each other , or

- (b) lived together as partners in an enduring family relationship.

- (2) This section also applies where, in proceedings for an offence under section 160 relating to an indecent photographor pseudo-photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—

- (a) were married or civil partners of each other , or

- (b) lived together as partners in an enduring family relationship.

- (3) This section applies whether the photographor pseudo-photograph showed the child alone or with the defendant, but not if it showed any other person.

- (4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photographor pseudo-photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Possession of indecent photographs of children: Scotland.

### Army Act 1955 (c. 18)

### Air Force Act 1955 (c. 19)

### Naval Discipline Act 1957 (c. 53)

### Army Act 1955 (c. 18)

### Air Force Act 1955 (c. 19)

### Naval Discipline Act 1957 (c. 53)

#### Citation.

The amendments of the Children and Young Persons Act 1969 mentioned in section 128(2) above are—