Offensive Weapons Offences
Any offence involving an Offensive Weapon is classed as a serious crime and expert legal advice should always be taken if you are arrested on suspicion of any of these offences. It is important to ensure that you have the best legal representation available.
Carrying a knife, any bladed or pointed implement which could be used as a weapon, or any other type of offensive weapon is a serious offence.
The unlawful possession or provision of any offensive weapon has been judged by the Courts to encourage violence and therefore by extension to facilitate serious injury and death, in addition to facilitating other criminal offences.
If you are arrested you should ask for a Solicitor at the earliest opportunity. We recommend that you say nothing to the Police until you have spoken directly with us. Our 24 hour number is 07850 012 366.
Advice at a Police Station is always free of charge and will be paid for by Legal Aid. This does not depend on your financial circumstances.
What are classed as Offensive Weapons?
The term 'offensive weapon' is defined as: "any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use".
Offensive weapons are divided into three categories:
- Those specifically made to cause injury to a person. Such as: flick knives, machetes, swords, and truncheons. These weapons are classed as having no innocent quality. Other weapons, which do not fall into this category, do have an innocent purpose such as ordinary razors, penknives and lock knives.
- Those weapons adapted for such a purpose
- Those not originally and specifically made or adapted for the purpose of causing injury, but carried with the intention of causing injury to the person (this definition offers much broader scope to include items which do have an innocent purpose but are carried with the intent to use them as an offensive weapon)
Defences against an offensive weapons charge
In some cases, the best course of action may be to mount a defence against the charge.
The only possible defences against a charge of carrying an offensive weapon are:
- Having lawful authority to carry the weapon
- Having reasonable excuse to carry the weapon
Defences based on either of these options require an experienced solicitor with specialist legal knowledge. Contact us for more advice.
