Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025 Debate

Full Debate: Read Full Debate
Department: Home Office
Thursday 5th June 2025

(2 days, 23 hours ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
- Hansard - - - Excerpts

My Lords, the order before us seeks to add ninja swords to the list of prohibited offensive weapons by amending the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 to include them. I will briefly set out the context for why the Government have brought the order forward. The Government have already taken robust action to introduce a ban on zombie-style knives and zombie-style machetes, which came into force last September. We are also strengthening enforcement and prevention as part of the Government’s safer streets mission, and there will be further new measures before the House of Lords very shortly in the Crime and Policing Bill, which is currently going through the House of Commons.

This legislation to ban ninja swords was a government manifesto commitment last July and responds to tireless campaigning by the family of Ronan Kanda, who was just 16 when he was fatally stabbed by a ninja sword in 2022. We are taking this action in honour of Ronan’s memory, but also in recognition of the remarkable courage and determination shown by his loved ones, led by his mother, Pooja Kanda, alongside her daughter, Nikita Kanda, and other family members. I take this opportunity to pay tribute to their family. I cannot imagine what it is like to suffer such a terrible loss, yet, having suffered that loss, they have gone on to campaign for changes that will make our society safer. For that, they have my admiration and respect and, I hope, that of the whole Committee.

Although there have been relatively few fatal attacks involving ninja swords compared with other bladed weapons, there is no doubt that such swords can be lethal. Under Section 141 of the Criminal Justice Act 1988, it is an offence to possess, import, manufacture, sell, hire, offer for sale or hire, expose, or possess for the purposes of sale or hire, a weapon specified in an order made under that section. Using the order-making powers in Section 141(2) of that Act, the Government now add ninja swords, through this order, to the list of prohibited offensive weapons to which Section 141 applies.

These weapons—ninja swords—are defined as a sword with a blade between 14 inches and 24 inches in length, with one straight cutting edge and a tanto-style point. The length the Government have chosen is in order to exclude knives and tools used for legitimate purposes, such as many kitchen knives and other types of knife. To be within the scope of the ban, the article will also have the features specified in paragraph 1A, namely that the sword will have a primary cutting edge, a secondary cutting edge and a blunt spine with either a tanto-style point or a reverse tanto-style point. These terms are further defined in detail in the legislation.

Although it is right that we take the strongest possible action to prevent violence and stop dangerous weapons getting into the wrong hands, we are not seeking to criminalise law-abiding citizens. We are confident that the definition of ninja swords does not include tools traditionally used in agriculture or other farming, gardening or outdoor activities. We have included in the legislation defences to cover a range of circumstances, including where the article in question is one of historical importance; is owned for a permitted activity, such as sports or legitimate martial arts practice; or is made by hand. Antiques are already exempted from the scope of Section 141 of the Criminal Justice Act 1988, so the order before the Committee is very specific and tightly defined.

I have a couple of further points to make. Parts 3 and 4 of the order provide for a surrender and compensation scheme, through which owners of the weapons in scope of the order will be able to surrender them. The order has a territorial scope of England and Wales only, but I very much hope that the local devolved Governments in Northern Ireland and Scotland will take similar action to ensure that ninja swords are prohibited across the United Kingdom. To that effect, Home Office officials are in discussion with the Governments in Northern Ireland and Scotland, but, obviously, that is a matter for them.

To conclude, the risk of these dangerous swords being used for crime and violence is not one that we are prepared to tolerate. The manifesto commitment, endorsed last year in the July general election, commits the Government to halving knife crime in a decade as part of our wider safer streets mission. Banning ninja swords is an important step towards this and towards removing weapons from circulation. I commend the order to the Committee.

Baroness Doocey Portrait Baroness Doocey (LD)
- Hansard - -

My Lords, we believe that this ban is proportionate and we support it. Sword-related deaths are rare but even one, such as the tragic loss of Ronan Kanda, is too many. I join the Minister in his admiration for the family and how they have behaved. However, for this ban to be truly effective, it must be robust and well implemented. I have a number of concerns; I would be grateful if the Minister could address them when he winds up.

First, if the people we most need to reach are not even aware of this ban or the surrender scheme, they are unlikely to have the desired impact. The Youth Endowment Fund says that this was a key failing of the previous scheme to ban zombie knives. Even some individuals working in this field were apparently unaware of the process. Clear and targeted communication is essential. Can the Minister outline how the Government will ensure that those who are the hardest to reach, who may not be easily identified or contacted, are made aware of these changes?

Secondly, I have a real concern that people surrendering zombie knives were asked to provide their personal details. Youth workers believe that this prevented many people coming forward, in particular those possessing weapons illegally, who already distrust the police completely. Will people be asked to provide their personal details this time?

Can the Minister clarify why the ban is limited to blades of up to 24 inches? Although most ninja swords are between 14 and 24 inches, knife enthusiasts are already bragging online that blades longer than 24 inches will remain legal. Was this intended to protect legitimate uses? From what the Minister said in his introduction, I assume that it was. If so, does the legitimate use exemption not already provide adequate protection? Is the Minister confident that criminals will not simply switch to longer blades to evade the law, which they seem to suggest online they would or should do?

I also want to ask about the exemption for fantasy swords. After the zombie knife ban, the BBC found that retailers were still selling them by claiming that they were for cosplay and could not cause harm unless modified. Is the Minister confident that this exemption will not create a similar loophole?

Furthermore, the legislation is narrowly drawn. The Home Office itself acknowledges that it may simply shift demand to other types of swords. It is unclear whether most swords used in recent homicides would even be covered by these new rules. What mechanism will be in place to review the effectiveness of this ban after it comes into force?

Finally, this law will make a difference only if it is enforced. The Clayman review suggests that the police currently lack the training, expertise and resources to police this effectively. Can the Minister provide information on how enforcement will be strengthened and what steps are being taken to improve police capability?

I would be grateful if the Minister would address these issues when he winds up.

Lord Lucas Portrait Lord Lucas (Con)
- Hansard - - - Excerpts

My Lords, I join the Minister’s expressions of gratefulness towards the family of Ronan Kanda for the way that they have taken forward this campaign. I also thank the Minister and his Home Office team for the really careful way that the order has been drafted. They have considered thoroughly the representations made by members of the antique trade, collectors, historical re-enactment groups and martial art practitioners, when the easiest thing would have been to have a blanket ban on every straight-bladed sword. This would have criminalised people involved in land management, antique collecting, living history and sporting activities. I am therefore very grateful for the care and trouble that the Home Office team have taken.

I am confident that this definition is precise and specific to just these swords, but it is complex in nature and needs to be accompanied by illustrated guidance notes, as was done with zombie knives. A great deal of very well-informed amateur effort is available to help the Home Office compile these notes. Perhaps, given the enthusiasm in some bits of this Government for AI and the progress that they are making, we could equip each constable with an app on their phone that, based on the detailed knowledge that can be provided, the illustrations and other details, would enable instant identification—at least in principle—for police officers, who would not have to receive deep, separate training. Maybe there is something that we can do here to improve enforcement. There is so much complexity in this area that the idea that we are going to train constables in how to recognise whether a knife is within or without this legislation is not practical, but there are ways in which it can be done.

I am delighted that the Government have recognised the importance of historical items by including defences that are identically worded to those in previous legislation. The role of amateur collectors and people who are interested in preserving our history is really important at a time when museums are strapped for cash and resources. That being recognised and supported is enormously appreciated.

I hope that we will—well, I am sure that we will—have an opportunity when the Crime and Policing Bill comes through the House to consider extending this defence consistently across the entire area of historical weapons. There is a set of inconsistencies at the moment, particularly around World War II items, such as the sort of stuff that the SOE used—I declare an interest as someone who is descended from the political head of the SOE. It is really important that this aspect of our history is preserved. There will be an opportunity with that Bill—not, as I say, to extend the idea of the legislation but to extend its ambit—to make sure that what has been done in this order can be extended to weapons of historical significance generally.