Acid Attacks Increasing. What is the Law?

Publicity surrounding reports of incidents involving the use of acid or other corrosive substances have increased recently, with questions being asked as to how offenders who threaten or attack people with such substances are dealt with by the Courts.

Here at Johnson Astills we have experience of dealing with those charged with attacks involving acids or other corrosive substances and have seen those offences featured more and more in our daily news feeds. These substances have been used as weapons in a range of crimes, including theft from delivery drivers, gang violence, revenge and so-called honour crimes.

There is no specific offence of for those caught with acid or other corrosive substances in public. However, existing offences can and are being used to prosecute those found in possession of these substances. In June 2018 new guidelines came into force for the offence of Possession of Bladed article and other Offensive Weapons.

Specific guidance has been included as to what constitutes a “highly dangerous weapon”. This has been set out as follows: “An offensive weapon is defined in legislation as ‘any article made or adapted for use for causing injury, or is intended by the person having it with him for such use’. A highly dangerous weapon is, therefore, a weapon, including a corrosive substance (such as acid), whose dangerous nature must be substantially above and beyond this. The court must determine whether the weapon is highly dangerous on the facts and circumstances of the case.”

In line with those found to be in possession of a knife, the guidance requires that an adult caught carrying acid or other corrosive substances twice or using it to threaten should receive a mandatory six-month prison sentence. Those under 18 would receive a four months' detention and training order.

Those who film their crimes have always been treated more severely by the courts and unsurprisingly this guidance states that under-18s who film their crimes to post them on social media could face tougher punishments.

Courts will also be encouraged to consider in greater detail the age, maturity, background and circumstances of young offenders when sentencing. This is something the Advocates at Johnson Astills have huge experience in dealing with to ensure that our clients receive the best possible outcome at sentence.

How we can Help

Here at Johnson Astills we specialise in Criminal Defence and can attend police stations 24 hours a day. Furthermore, we attend both Magistrates and Crown Court, with our own expert Solicitor Advocates being able to conduct Crown Court matters.

If you therefore find yourself suspected of this or any other serious or violent offence please give a member of the Crime Team a call on 01162554855 or 01509610312 or email us on crimeteam@johnsonastills.com for expert advice.

With offices in Leicester and Loughborough we are able to attend a number of local police stations, whether an interview is conduct voluntary or under arrest.

For more information on the members of the Crime Team at Johnson Astills please visit our people page.