Possession of an Offensive Weapon Defence Solicitors

Types of Offensive Weapons

Some examples of items that may be classified as offensive weapons include:

• Flick knives or gravity knives
• Knuckle dusters
• Extendable batons
• Butterfly knives
• Zombie knives
• Sword-sticks
• CS gas / pepper spray
• Improvised weapons (e.g., sharpened combs or tools used to inflict harm)

The Offensive Weapons Act 2019 has expanded the list of prohibited items and banned their possession, sale, or importation, even in private premises in certain cases.

Sentencing for Possession of an Offensive Weapon

Sentences for this offence vary depending on the circumstances and the nature of the weapon involved. The Sentencing Council provides guidelines for magistrates and judges to consider factors such as:

• The type and seriousness of the weapon
• The location (e.g., near schools or at night)
• Any intention to use the weapon
• Previous convictions

Maximum Penalties:

• Possession in a public place: Up to 4 years’ imprisonment and/or an unlimited fine.
• Possession on school premises: Up to 4 years’ imprisonment.
• Repeat offences (second or subsequent offence): Minimum 6-month custodial sentence unless exceptional circumstances apply.

Aggravating factors such as gang association, threats, or the use of the weapon will likely result in more severe sentences.

Lack of Knowledge or Possession

To secure a conviction, the prosecution must prove that the defendant knowingly possessed the weapon. A defence may arise if:

• The accused did not know they were carrying a weapon (e.g. if someone else placed it in their bag).
• The item does not legally qualify as an “offensive weapon” under current definitions.

This defence can be particularly effective in cases where the item in question is ambiguous in nature or was not purpose-built to cause harm.

Mistaken Identity or Fabrication

Where there is a dispute over who possessed the weapon, or whether it was planted or misidentified, a defence may be mounted on the basis of:

• Inaccurate or incomplete CCTV footage;
• Unreliable witness evidence;
• Procedural failings in the police investigation.

Possession on Private Property

The statutory offence under the Prevention of Crime Act 1953 applies only to public places. If the weapon was possessed on private premises, and no other offence (e.g. possession in a school under Section 139A of the Criminal Justice Act 1988) applies, this may form the basis of a defence.

Self-Defence or Prevention of Crime

In rare and fact-specific circumstances, a defendant may claim that they carried the weapon temporarily in order to:

• Protect themselves or another person from imminent harm;
• Prevent a crime from occurring.

Courts are highly cautious with this defence and will expect the threat to be immediate and the response to be proportionate. Merely fearing danger in a general sense will not usually be enough.

Duress

If a person was forced to carry or possess an offensive weapon under threat of serious harm, the defence of duress may be raised. This is a complex area of law, and the defence must show that:

• The threat was of such severity that a reasonable person would have acted similarly;
• The defendant had no safe avenue of escape;
• The threat was immediate and directly linked to the offence.

If you are facing allegations or charges related to Possession of an Offensive Weapon, it is crucial to act quickly and seek expert legal advice. Contact Kang & Co Solicitors on 0330 818 9825 for a confidential discussion about your case. Alternatively, complete our online contact form, and one of our specialist criminal defence lawyers will get back to you promptly.

We are here to provide the legal expertise and support you need during this difficult time.

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Kang & Co Solicitors are also recognised as a Top Ranked Law Firm for Criminal Law by the prestigious Chambers & Partners legal guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication, and court advocacy.

If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.

Navigating Possession of an Offensive Weapon related charges requires careful consideration of the circumstances and a thorough understanding of the law. Our specialised criminal defence team can assess your case, explore potential defences, and vigorously advocate for your rights in court. Contact us today for an initial consultation on 0330 818 9837 and discuss how we can help you defend against the  allegations or charges.