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Diff: Possession of an Offensive Weapon

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	'''Possession of an offensive weapon''' is a criminal offence in England and Wales where a person has an [[Offensive weapon\|offensive weapon]] with them in a public place without lawful authority or reasonable excuse. The main public-place offence is section 1 of the [[Prevention of Crime Act 1953]].

Possession of an offensive weapon is a criminal offence under the laws of the [[United Kingdom]]. It involves the unlawful possession of items deemed [[Offensive weapon\|offensive weapons]], which have the potential to cause harm, injury, or intimidation. The possession of such weapons is subject to legal restrictions aimed at maintaining public safety and preventing crime. This offence is primarily governed by the [[Criminal Justice Act 1988]] and various other statutes.
	The offence is separate from the offence of having a bladed or sharply pointed article in public under section 139 of the [[Criminal Justice Act 1988]]. The two can overlap, but they are not identical.

== Legal Framework ==
The possession of an offensive weapon is regulated by various statutes, including the Criminal Justice Act 1988, [[Offensive Weapons Act 1996]], and other related legislation. These laws define what constitutes an offensive weapon and outline the legal consequences for individuals found in possession of such items.
	== Legal Basis ==
	Section 1 of the Prevention of Crime Act 1953 makes it an offence for a person, without lawful authority or reasonable excuse, to have an offensive weapon with them in a public place.

== Definition of Offensive Weapons ==
An offensive weapon is generally defined as any item designed or adapted for causing injury or intended by the person possessing it for that purpose. This definition encompasses a wide range of objects, including knives, blades, firearms, bladed articles, corrosive substances, and even everyday objects that are carried with the intention of using them as weapons.
	An offensive weapon is an article made for use for causing injury, adapted for use for causing injury, or intended by the person having it with them for use in causing injury.

== Offence and Penalties ==
Possession of an offensive weapon is a serious criminal offence that can lead to severe penalties upon conviction. The severity of the penalties depends on various factors, including the nature of the weapon, the circumstances of possession, the individual's criminal history, and the intent behind possession.
	== Types of Offensive Weapon ==
	The usual categories are:

In the UK, offenders convicted of possession of an offensive weapon may face:
	* Weapons made for causing injury, such as a truncheon or knuckle-duster.
	* Ordinary items adapted for causing injury, such as a bottle deliberately broken for use as a weapon.
	* Ordinary items carried with the intention of causing injury, such as a screwdriver carried to stab someone.

* Imprisonment: Depending on the circumstances and severity of the offence, individuals may receive custodial sentences ranging from several months to several years.
* Fines: Courts have the authority to impose substantial fines as a form of punishment for this offence.
* Community Orders: Offenders may be required to complete community service or other rehabilitative programmes.
* Criminal Record: A conviction for possession of an offensive weapon results in a criminal record, which can have long-lasting implications for future employment and other opportunities.
	The third category is often the most fact-sensitive because the article may have innocent uses.

== Defences ==
In certain cases, individuals charged with possession of an offensive weapon may have valid defences that could lead to a reduction in charges or acquittal. Defences could include:
	== Having It With Them ==
	The prosecution does not always need to prove that the person was holding the item. An article may be "with" a person if it is nearby, under their control, or immediately accessible. A weapon under a car seat, in a bag, or within reach may satisfy this element depending on the facts.

* Reasonable Excuse: If an individual can demonstrate a reasonable excuse for possessing the offensive weapon, such as using it for legitimate work or recreational purposes, they may have a valid defence.
* Lack of Knowledge: If an individual was not aware of the weapon's presence or had no intention to possess it, this lack of knowledge may serve as a defence.
	Knowledge matters. A person cannot normally have an item with them for this offence if they genuinely do not know it is there, although the court may test that account against the evidence.

== High-Profile Cases ==
Several high-profile cases involving possession of offensive weapons have garnered public attention and contributed to discussions about weapons control and public safety in the UK.
	== Public Place ==
	A public place includes a highway and other premises or places to which the public have or are permitted to have access. Streets, shops, pubs, stations, parks, shopping centres, and other public-facing places may qualify.

# R v. Huggins (2005): In this case, the defendant was found guilty of possessing a machete in a public place and was sentenced to imprisonment. The case highlighted the seriousness of carrying bladed articles in public.
# R v. Smith (2017): The defendant in this case was charged with possession of a firearm with intent to endanger life. The trial raised issues surrounding firearm control and the potential consequences of possessing firearms illegally.
# R v. Johnson (2019): The case involved a defendant who was charged with carrying a corrosive substance with intent to cause harm. The trial underscored the dangers posed by corrosive substances as offensive weapons.
	Private land can still become relevant to other offences, but the section 1 Prevention of Crime Act 1953 offence is focused on public places.

== Legislative Changes ==
The UK government periodically reviews and updates legislation related to offensive weapons to address emerging challenges and protect public safety. Amendments to existing laws and the introduction of new legislation reflect ongoing efforts to curb weapon-related crime and prevent harm within society.
	== Lawful Authority and Reasonable Excuse ==
	Lawful authority is narrow. It can cover people who carry weapons as part of lawful duty, such as certain police or military contexts.

	Reasonable excuse depends on the facts. A tradesperson transporting tools to a job may have a reasonable explanation for items that could otherwise be used as weapons. A person carrying an item because of a general fear of attack usually has a much weaker position. CPS guidance treats a constant or general threat as insufficient for self-defence, but an imminent and specific threat may be different where the timing and purpose are closely connected.

	The defendant has the legal burden of establishing lawful authority or reasonable excuse on the balance of probabilities once the prosecution proves the main elements.

	== Relationship With Bladed Articles ==
	The Criminal Justice Act 1988 offence for bladed or sharply pointed articles does not require proof of an intention to cause injury. It asks whether the article has a blade or point and whether the person has good reason or lawful authority.

	An ordinary folding pocket knife with a cutting edge of 3 inches or less is excluded from section 139, provided it is genuinely folding and non-locking. That exclusion does not make every use of the knife lawful. If the same knife is carried with intent to cause injury, it may still be alleged to be an offensive weapon.

	== Practical Examples ==
	=== Work Tool ===
	A builder carries a hammer and utility knife from a van to a site. The tools can cause injury, but the work context may explain why they are being carried.

	=== Planned Fight ===
	A person takes the same hammer to meet someone for a fight. The item may become an intended offensive weapon because of the purpose for which it is carried.

	=== General Protection ===
	A person carries a kitchen knife on a night out because they are worried they might be attacked at some point. That is unlikely to be a reasonable excuse.

	=== Immediate Threat ===
	A person picks up an object during an immediate attack and uses reasonable force to escape. That is a different situation from carrying a weapon around in advance for general protection. The facts, timing, and proportionality matter.

	=== Tactical Clothing and Lawful Items ===
	Black clothing, a ballistic vest, a face covering, or tactical-style clothing does not itself create the offence. The court still needs to consider the object carried, the location, the person's knowledge, and the alleged intention or excuse.

	== Charging and Sentencing ==
	The offence is serious because it concerns weapons in public places. The maximum sentence has been increased by later legislation, and repeat weapons cases can attract minimum sentence provisions in some circumstances. Prosecutors also consider whether a more specific charge is available, such as threatening with a weapon, possession of a bladed article, or possession of a prohibited weapon.

	== See Also ==
	* [[Offensive weapon]]
	* [[Bladed articles]]
	* [[Folding pocket knife]]
	* [[Prevention of Crime Act 1953]]
	* [[Criminal Justice Act 1988]]
	* [[Self-defence in English law]]

	== References ==
	* [https://www.legislation.gov.uk/ukpga/Eliz2/1-2/14/section/1 Prevention of Crime Act 1953, section 1]
	* [https://www.cps.gov.uk/prosecution-guidance/knife-and-other-weapons-offences Crown Prosecution Service: Knife and other weapons offences]
	* [https://www.legislation.gov.uk/ukpga/1988/33/section/139 Criminal Justice Act 1988, section 139]
	* [https://www.legislation.gov.uk/ukpga/1996/26/section/2 Offensive Weapons Act 1996, section 2]

	[[Category:Law]]
	[[Category:Criminal law]]
	[[Category:UK law]]