Surrender and compensation scheme in Scotland for certain offensive weapons: guidance

9. Annex A – Summary of Prohibited Items

Summary of items of which possession in private will be prohibited

Part 4 of the 2019 Act deals with the possession of bladed articles and certain offensive weapons. The surrender and compensation arrangements, set out in this guidance, apply only in Scotland in respect of those weapons prohibited under Part 4 of the 2019 Act.

As referred to above, amongst other measures, the 2019 Act extends the controls (under the Restriction of Offensive Weapons Act 1959 ("the 1959 Act") and the Criminal Justice Act 1988 ("the 1988 Act")) to prohibit possession in private of dangerous and offensive weapons to prevent them being used in crime. All of the weapons criminalised in respect of possession in private are already banned in terms of sale, manufacture and importation of such weapons.

The list of the offensive weapons that will be subject to the prohibition on possession by virtue of the 2019 Act and will be eligible for compensation can be found in the Values List at Annex B.

This annex summarises the changes brought about by Part 4 (insofar as they relate to Scotland) and the defences that apply, in order to help you identify whether any items you possess fall in to scope and should be surrendered.

The legislation can be found here:

Offensive Weapons Act 2019

Criminal Justice Act 1988

Restriction of Offensive Weapons Act 1959

Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005^[1]

Flick knives and gravity knives

As referred to above, currently, section 1 of the 1959 Act makes it an offence to manufacture, sell or hire, offer for sale or hire, expose or possess for the purpose of sale or hire, lend or give to another person or import flick knives and gravity knives.

Section 43 of the 2019 Act amends the definition of flick knife in section 1 of the 1959 Act to include knives that can be opened through a mechanism not in the handle itself. This includes any knife that opens automatically from a closed position, or partially opened position, to a fully opened position by means of any manual pressure that is applied to a button, spring or other device which is contained either within the knife or is attached to the knife.

Section 44 of the 2019 Act amends the 1959 Act further to prohibit the possession of any knife under section 1 of that Act (i.e. a flick knife or gravity knife).

However, these amendments provide for a defence where a person can show that they possessed a flick/gravity knife in their capacity as the operator of a museum or gallery or as a person acting on behalf of a museum or gallery.

Offensive Weapons

Section 46 of the 2019 Act amends section 141 of the 1988 Act to make it an offence to possess in private the weapons set out in the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 ("the 2005 Order"). Weapons listed in the 2005 Order are set out below. It is already an offence, under section 141 of the 1988 Act to manufacture, sell, hire, (have in your possession for the purpose of sale or hire), lend or import these weapons.

Weapons currently listed in the Schedule of the 2005 Order are:

a) a knuckleduster, that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;

(b) a swordstick, that is, a hollow walking stick or cane containing a blade which may be used as a sword;

(c) the weapon sometimes known as a "handclaw", being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;

(d) the weapon sometimes known as a "belt buckle knife", being a buckle which incorporates or conceals a knife;

(e) the weapon sometimes known as a "push dagger", being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;

(f) the weapon sometimes known as a "hollow kubotan", being a cylindrical container containing a number of sharp spikes;

(g) the weapon sometimes known as a "footclaw", being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;

(h) the weapon sometimes known as a "shuriken", "shaken" or "death star", being a hard non flexible plate having three or more sharp radiating points and designed to be thrown;

(i) the weapon sometimes known as a "balisong" or "butterfly knife", being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;

(j) the weapon sometimes known as a "telescopic truncheon", being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;

(k) the weapon sometimes known as a "blowpipe" or "blow gun", being a hollow tube out of which hard pellets or darts are shot by the use of breath;

(l) the weapon sometimes known as a "kusari gama", being a length of rope, cord, wire or chain fastened at one end to a sickle;

(m) the weapon sometimes known as a "kyoketsu shoge", being a length of rope, cord, wire or chain fastened at one end to a hooked knife;

(n) the weapon sometimes known as a "manrikigusari" or "kusari", being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip;

(o) a disguised knife, that is any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone);

(p) a stealth knife, that is a knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy;

(q) a straight, side handled or friction lock truncheon (sometimes known as a baton).

It should be noted, schedule 2 of the 2005 Order does not apply to weapons which are described as antiques. Under this schedule 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 respect of that weapon under subsection (1) of section 141 of the 1988 Act or section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation).

Cyclone knives

Section 47 of the 2019 Act amends the weapons listed in the 2005 Order to include cyclone/spiral knives. Private possession of these knives will therefore also become prohibited by virtue of the 2019 Act. These knives are defined as:

• a "cyclone knife" or "spiral knife" - being a weapon with a handle, a blade with two or more cutting edges, each of which forms a helix, and a sharp point at the end of the blade.

Zombie knives

The Criminal Justice Act 1988 (Offensive Weapons)(Amendment, Surrender and Compensation)(Scotland) Order 2022 ("the 2022 Order") also amends the weapons listed in the 2005 Order to include zombie knives and ensures zombie knives will be included in the Scottish Government's surrender and compensation scheme which will run from 1 July 2022 until 30 September 2022. These are defined as:

• a "zombie knife" - being a blade with a cutting edge; a serrated edge; and images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence.

Private possession

The way the law operates is that a person possesses a weapon in private if the person possesses the weapon on domestic premises. Domestic premises means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling). Possession of the relevant weapons on domestic premises will be an offence.

It is already an offence to possess any of these weapons in public, subject to application of any statutory defences that are available.

Defences

A number of defences set out in section 141 of the 1988 Act will apply to the new offence of possession in private. In relation to the new offence of possession, the defences available under section 141 of the 1988 Act are:

• the weapon is of historical importance;
• the person possessed it in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery;
• the person possessed it for education purposes only;
• the person possessed the weapon for the purposes of theatrical performances and of rehearsals for such performances or for making it available for those purposes;
• the person possessed the weapon for the purposes of the production of films or for making it available for that purpose; and
• the person possessed the weapon for the purposes of the production of television programmes or for making it available for that purpose.