Possessing a prohibited offensive weapon in private

s.141(1A)Criminal Justice Act 1988

Possessing in private, such as at home, a weapon on the banned list under s.141 of the Criminal Justice Act 1988, such as a knuckleduster, zombie knife or ninja sword.

Possessing a prohibited offensive weapon in private · Criminal Justice Act 1988, s.141(1A)Card 85 / 195

Points to prove

Possessed
A weapon to which s.141 Criminal Justice Act 1988 applies
In private (anywhere other than a public place, school premises, further education premises or a prison)

Key definitions

The offence – s.141(1A) was inserted into the Criminal Justice Act 1988 by s.46 of the Offensive Weapons Act 2019. It has been in force in England and Wales since 14 July 2021.
Weapon to which s.141 applies – listed in the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988. It includes knuckledusters, push daggers, butterfly knives, telescopic truncheons, disguised knives, curved swords of 50 cm or more, zombie knives, cyclone knives, zombie-style knives and machetes (from 24 September 2024) and ninja swords (from 1 August 2025).
In private – s.141(1C): anywhere other than a public place, school premises, further education premises or a prison.
Antique – a weapon made more than 100 years before the offence is not covered.

Defences

The defendant must raise the issue. The prosecution must then disprove it beyond reasonable doubt (s.141(11C)).

Conduct only for Crown functions or a visiting force (s.141(5)).
The weapon is of historical importance (s.141(7A)).
Possessed as the operator of, or on behalf of, a museum or gallery (s.141(8A)).
Possessed for educational purposes only (s.141(11ZA)).
Possessed only for theatre, film or television production (s.141(11AA)).
The 1988 Order adds defences for some items: curved swords made before 1954 or by traditional hand methods; curved swords and ninja swords possessed only to take part in a permitted activity (historical re-enactment or sport); curved swords and zombie-style knives possessed for religious reasons only; zombie-style knives and ninja swords made by hand; and curved swords, zombie-style knives and ninja swords that are blunt. The same burden rule applies (para 6 of the Schedule to the Order).

Good to know

Before 2021, s.141 only covered making, selling, hiring, lending or giving these weapons. That remains a separate offence under s.141(1).
Possessing a flick knife or gravity knife (anywhere, including in private) is a similar offence under s.1(1A) Restriction of Offensive Weapons Act 1959.
Section 29 of the Crime and Policing Act 2026 will make this offence either way (maximum 2 years on indictment) when commenced. It was not in force when checked on 2 November 2026.
The statute says 51 weeks on summary conviction, but s.141(1B) reads this as 6 months until s.281(5) Criminal Justice Act 2003 comes into force, which it has not.
Summary only, so the 6-month time limit for laying an information applies.

Legislation: Criminal Justice Act 1988, s.141(1A) (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Possessing a prohibited offensive weapon in private: questions people ask

What are the points to prove for possessing a prohibited offensive weapon in private?

1. Possessed 2. A weapon to which s.141 Criminal Justice Act 1988 applies 3. In private (anywhere other than a public place, school premises, further education premises or a prison)

What is the maximum sentence for possessing a prohibited offensive weapon in private?

6 months' imprisonment and/or a fine.

Is possessing a prohibited offensive weapon in private a summary, either-way or indictable offence?

Possessing a prohibited offensive weapon in private is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is possessing a prohibited offensive weapon in private?

Possessing a prohibited offensive weapon in private is an offence under the Criminal Justice Act 1988, s.141(1A).

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