Offensive Weapons Solicitor Birmingham

Possession of an offensive weapon in a public place is an offence under section 1 of the Prevention of Crime Act 1953. An offensive weapon is defined as any article made or adapted for use for causing injury, or intended by the person carrying it for such use. The maximum sentence is 4 years imprisonment. There is no power to impose a suspended sentence for a second or subsequent conviction where a person aged 16 or over is convicted.

Possession of a bladed article or sharply pointed article in a public place is an offence under section 139 of the Criminal Justice Act 1988. A bladed article includes any article with a blade or sharp point, except a folding pocket knife with a blade of three inches or less. The maximum sentence is 4 years imprisonment.

Threatening with an offensive weapon or bladed article under sections 1A of the Prevention of Crime Act 1953 and 139AA of the Criminal Justice Act 1988 carries a mandatory minimum sentence of 6 months imprisonment for adults where the offence is committed in a public place or on school premises. The court may only depart from the minimum sentence where it would be unjust to impose it in all the circumstances.

Possession on school premises under section 139A of the Criminal Justice Act 1988 is a separate offence covering bladed articles and offensive weapons on school premises, which are treated with particular seriousness.

For section 1 Prevention of Crime Act 1953 and section 139 Criminal Justice Act 1988 offences, the defendant has a defence if they had a good reason or lawful authority for having the article, or if it was a folding pocket knife with a blade not exceeding 3 inches. Good reason is assessed objectively. Accepted good reasons include carrying a knife for use at work, carrying it as part of a national or religious dress, or carrying it for a legitimate purpose related to the activity being undertaken. A claim that the weapon was carried for self-defence is not a good reason in law.

Where the article is alleged to be an offensive weapon, the prosecution must prove that the article was made for causing injury, adapted for causing injury, or that the defendant intended to use it for that purpose. Where the prosecution relies on intended use, David challenges the evidence of intention.

Sentencing for offensive weapons and bladed article offences depends on the nature of the weapon, the circumstances of possession, and any previous convictions. The Sentencing Council guidelines provide for a range of outcomes from a community order to substantial custodial sentences. Where a mandatory minimum applies, the court must impose at least that minimum unless it would be unjust to do so in all the circumstances. David addresses the court on minimum term cases and argues where the unjust exception applies. Legal aid is available for these cases.

If you or someone you know has been arrested for an offensive weapons offence, David Roy provides free police station advice and representation. Advice at the police station is free under the Legal Aid scheme regardless of income. Call 07525 802931 immediately.