possession of bladed articles and offensive weapon offences
The Criminal Justice Act 1988 and Prevention of Crime Act 1953 create offences of Possession of Bladed Articles and Possession of Offensive Weapons.
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what is a bladed article or offensive weapon?
A bladed article can be anything which has a blade, for example a knife or scissors. Sometimes the length of the blade will determine whether the item is unlawful, for example, a penknife / Swiss Army knife where the blade is less than 3 inches in length and does not lock may not be unlawful.
An offensive weapon can be any item which is offensive per se (offensive in its own right). These are items which are made for the sole purpose of causing injury to a person, for example, a knuckle duster or flick knife. It can also be an item that has been adapted for use as an offensive weapon, for example, a broken bottle, or a baseball bat.
Generally, these offences can only be committed in public. However, you should be aware that possession of certain items in private is illegal, these include but are not limited to:
Knuckleduster, and any weapon incorporating a knuckleduster.
Push dagger.
Butterfly knife.
Disguised knife.
Zombie knife.
Sentencing
Custodial sentences are frequently imposed to deter people from carrying bladed articles or offensive weapons.
The maximum sentence the Magistrates Court can impose for an offence of being in possession of a bladed article or offensive weapon in public is up to 12 months imprisonment. The Crown Court can impose a sentence of up to 4 years imprisonment.
A mandatory minimum sentence of 6 months imprisonment applies to anyone who has a previous conviction for a similar offence. Certain exceptions apply.
Defences
The 2 main defences are reasonable excuse or lawful authority. These defences are fact specific to each case. Careful consideration of the evidence and case law will allow us to determine whether you have a defence.
If you are being investigated or prosecuted for any offence relating to bladed article or offensive weapons, please get in touch with our specialist team.