Under section 1 Prevention of Crime Act 1953, “any person who without lawful authority or reasonable excuse, the proof whereof shall lie with him, has with him in any public place any offensive weapon shall be guilty of an offence.”
The expression “has with him” requires knowledge; however, merely forgetting about it is not enough for a person to satisfy the Court that they no longer had it with them.
What is an offensive weapon?
An article is an “offensive weapon” if it is made, adapted or intended for use to cause injury. For example, a truncheon or extendable baton is offensive by its very nature – lawyers call this “offensive per se”. (A police officer on duty will have lawful authority for carrying one.) A deliberately broken bottle may be treated as “adapted for use” as a weapon. An article such as a bicycle chain may be “intended for use”, depending on the circumstances.
Weapons in public
The 1953 Act outlaws possession in public; this meant that many former Service personnel who brought back trophies, mementoes and souvenirs from their wartime service were not committing an offence so long as they kept the items at home. Then in 1959 the Restriction on Offensive Weapons Act brought in the idea of a “dangerous” weapon and it is now an offence to have such an article in private as well as public. Examples include flick-knives, belt-buckle knives, shurikens (“throwing stars”) and a “zombie knife”.
It is also an offence under section 139 Criminal Justice Act 1988 to have an article with a blade or point in a public place; there are exceptions, including a folding pocket-knife with a blade which is less than 3 inches long. Knives with locking mechanisms are not included in this exemption, no matter how long or short the blade may be. Some knives, such as a kukri or a skhein dhu, may in some circumstances be exempt as part of a national costume. In general, knives cannot be sold to children under the age of 18.
Sentence
Charges of possessing offensive weapons or bladed articles in public can be dealt with either in the Magistrates’ Court or Crown Court; the maximum sentence for either offence is 4 years’ imprisonment. The location of the offence and the nature of the weapon or article will have an impact on the outcome. For example, an offence committed near a school will be treated as particularly serious; an item which can be classified as a “highly dangerous” weapon, such as a container of corrosive fluid, will also attract a severe penalty. A second conviction will attract a minimum sentence of 6 months’ imprisonment (less if aged under 18). Offences of threatening another with an offensive weapon, bladed article or corrosive substance have a ‘starting point’ in sentencing of immediate custody.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.