Weapons and firearms
Possession of an offensive weapon in a public place
Prevention of Crime Act 1953, s.1
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 4 years' custody (subject to Sentencing Code minimum-sentence provisions in many cases)
Actus reus
- Has with them in a public place any offensive weapon (Prevention of Crime Act 1953, s.1).
- Offensive weapon means an article made or adapted for causing injury, or intended by the person for that purpose.
Mens rea
- Knowledge of possession of the article. For the 'intended' limb, intention to use it for causing injury.
Defences
Lawful authority or reasonable excuse · Not a public place · Article not made, adapted or intended as an offensive weapon · No knowledge of possession
Sentencing Council
Sentencing Council guideline effective 1 June 2018. Offence range: fine to 2 years 6 months' custody. Check Step 3 of the guideline for statutory minimums.
At the police station
Photograph and describe the item. Household tools can be offensive weapons if intended to cause injury. Warn about minimum-sentence provisions where a previous relevant conviction is alleged.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Prevention of Crime Act 1953, s.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offensive weapons, knives and firearms ↗