Offensive Weapons: What Items Are Illegal to Carry in Public?
What You Need to Know
Possession of knives and offensive weapons is taken seriously in the UK. Therefore, it is crucial that you understand what the Law states, and following this, what the consequences will be. At Bell Lamb & Joynson Solicitors we regularly advise clients on these issues, within this blog you will see a full and clear breakdown of the legislation in an accessible way.
What Counts as an Offence
Carrying an Offensive Weapon – Prevention of Crime Act 1953
Section 1 makes it an offence to have an offensive weapon in a public place without lawful authority or reasonable excuse. An offensive weapon is defined as:
- Anything made to cause injury,
- Anything adapted to cause injury, or
- Anything intended by the person to be used to cause injury.
This means an item doesn’t need to be a knife to be considered an offensive weapon, it is the intent to use that matters.
Carrying a Bladed or Pointed Article – Criminal Justice Act 1988
Section 139 makes it an offence to carry any article with a blade or point in a public place without good reason or lawful authority.
Section 139A extends this offence to school premises.
The law applies to any bladed or pointed article except a folding pocket knife with a blade under 3 inches, this must also be able to be folded at all times. For example, a lock knife would not qualify under acceptable.
What Counts as a Public Place?
A public place includes anywhere that the public can access. This includes freely or by pavement. Courts have previously confirmed that the following are deemed public places:
- A field hosting point to point races
- A football stadium
- Hospital grounds
- A pub car park
If the public can enter, it is likely that it would be declared a public place.
What Are The Defences?
The law recognises that there are legitimate reasons to carry specific items. The defences under Section 139 include:
- Use at work, an example of this a chef transporting knives
- Religious reasons, an example of this is Sikh Kirpan
- National Costume, an example of this is A Sgian-dubh worm with a Scottish dress.
For any school related offences under Section 139A, there is additional defence:
- Educational purposes, an example of this is bringing tools for a design technology class.
Under the act, the term “reasonable excuse” depends entirely on the circumstances. Ultimately, whether a defence succeeds, is left to the decision of the court.
How Have the Courts Interpreted These Laws?
Case law provides useful guidance to answering these questions:
- A butter knife with no cutting edge OR point is still classified as a bladed article
- A screwdriver is not a bladed articles, yet it could still be considered an offensive weapon, depending on the intent to use.
- A lock knife is not a folding pocket knife, this is because it cannot be folded at all times.
Even if an item isn’t classified as a bladed article, it may still be an offensive weapon if it is adapted for causing injury.
Penalties
The maximum penalty for carrying a knife or offensive weapon is:
- Up to 4 years in prison
- A fine
- Both of the above
In addition to this, Section 142 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduces mandatory minimum sentences where a weapon is used to threaten or endanger someone:
- Adults ( 18+) 6 months minimum
- 16-17 year olds, 4 month detention and training order.
By Your Side…
Issues involving knives and offensive weapons can sometimes be complex, and can carry serious consequences. Bell Lamb & Joynson Solicitors have a dedicated and highly experienced criminal defence team, who can provide clear advice, and support at every stage of the process. Our team is here to help, if you require assistance or wish to speak with a professional, please get in touch with us today.
Call us on: 03444 124348