Criminal Law

Offensive Weapon Defence Solicitors

Possession of an offensive weapon is prosecuted under section 1 of the Prevention of Crime Act 1953. ASA Solicitors provides specialist defence for offensive weapon allegations.

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

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.

Second opinion

Not happy with your solicitor? Get a second opinion.

You have the right to change your solicitor at any stage of a criminal case. If you are unsure about the advice you have been given, or want a fresh perspective on a serious matter, our specialist criminal defence team offers an independent second opinion without charge.

Ask us about an offensive weapon allegation

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