Offences involving Offensive Weapons
The unlawful possession or provision of any weapon has been deemed by the Courts to encourage violence. Therefore carrying a knife, acid, or anything which could be used as a weapon is a serious offence.
All crimes involving offensive weapons are judged to be serious in nature, so please call me at the earliest opportunity for advice and representation.
What is an “offensive weapon”?
The term ‘offensive weapon’ is defined as: “any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use”.
Offensive weapons fall into three categories:
Those specifically made to cause injury to a person. For example swords, flick knives, and truncheons. These weapons are classed as having no innocent quality. (Other weapons that do not fall into this category do have an innocent purpose such as ordinary razors, penknives, and other types of 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 offers a much broader scope to include items that do have an innocent purpose but are carried with the intent to use them as an offensive weapon.
If you are arrested or charged with carrying an offensive weapon we must show that you have either lawful authority to cancel such an item or that you have a reasonable excuse for carrying it. Specialist legal advice will be required to try and convince the courts of this so please contact us at the earliest opportunity.