The offence
Section 1 of the Prevention of Crime Act 1953 makes it an offence to have an offensive weapon in a public place without lawful authority or reasonable excuse. An offensive weapon is one made, adapted or intended to cause injury. The offence is triable either-way and punishable by imprisonment.
Defences
- Lawful authority or a reasonable excuse for possession
- The item was not made, adapted or intended to cause injury
- No possession in a public place
- Unlawful stop or search
Sentencing
The offence is triable either-way and punishable by imprisonment and a fine. The guidelines consider whether the weapon was made for causing injury, adapted, or carried with intent.
Frequently asked questions
An article made for causing injury, adapted for that purpose, or intended by the carrier to cause injury. The third category depends on the defendant’s intent.
A lawful reason for having the item — for example, a work tool carried to and from work. The excuse must be genuine and reasonable in the circumstances.
Yes. The legality of the stop and search that produced the weapon can be challenged, and evidence obtained unlawfully may be excluded.