Did you know it is a crime to possess an offensive weapon in your own home?

Posted
AuthorLucy-Ann Lee

It is well known that it is against the law to be in possession of a bladed article in public. However, it is a common misconception that you can own an offensive weapon, as long as you keep it indoors.

This offence was introduced by section 46 of the Offensive Weapons Act 2019 to prohibit the possession in private of offensive weapons as referred to in the Criminal Justice Act 1988.

What is an offensive weapon?

Set out in the Criminal Justice Act, examples of offensive weapon, but not exhaustive are:

Knuckle dusters
Swordsticks
Death stars
Swords with a curved blade of over 50 centimetres
Zombie knives
Cyclone knives

What is a private place?

In England and Wales, and in relation to this legislation, a private place is a place other than:

a public place
school premises
further education premises, or
a prison

Exceptions

The following defences apply to those who are found to have an offensive weapon in a private place:

of historical importance
to be used for historical re-enactments
to be used for sporting activities
for use in film and theatre
possessed on behalf of a museum or gallery, or lent or hired by a museum or gallery for cultural, artistic or educational purposes
possessed for religious reasons

What is the sentence?

While there are no specific guidelines for this offence, the maximum sentence is 51 weeks imprisonment or a fine, or both.

How can we help?

If you find yourself facing an allegation of possessing an offensive weapon it is vital to contact a solicitor as soon as possible to obtain expert legal advice.

Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with offences at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.