24/10/2024
Offensive Weapons Update
Offensive Weapons in Your Home – UK Law Overview (As of 14th July 2021)
The legal framework surrounding the possession of offensive weapons in the UK has undergone significant changes, particularly with the introduction of the Offensive Weapons Act 2019. This legislation now makes it an offence to possess certain offensive weapons in private, including within one’s own home.
Possession of Offensive Weapons in Public
The Prevention of Crime Act 1953 (Section 1) governs the possession of offensive weapons in public places. Under this act, it is an offence for any person to carry an offensive weapon in a public place without lawful authority or reasonable excuse. The burden of proof lies on the defendant.
- Magistrates’ Court: Maximum sentence is 6 months' imprisonment.
- Crown Court: Maximum sentence is 4 years' imprisonment.
Possession of Offensive Weapons in Private
The Offensive Weapons Act 2019, enacted on 14th July 2021, introduced a new offence: possessing an offensive weapon in private, including in your home. This new offence aims to prevent the stockpiling or private ownership of dangerous weapons, even if they are not being carried in public.
- Offence: Possession of an offensive weapon in private.
- Court: Summary-only offence (can only be heard in the Magistrates' Court).
- Maximum sentence: 6 months' imprisonment.
Categories of Offensive Weapons
Offensive weapons fall into three distinct categories:
1. Offensive weapons per se: Items designed primarily or solely to cause injury, such as a bayonet or a knuckleduster.
2. Items adapted for causing injury: Objects modified to cause harm, such as a baseball bat with nails.
3. Items carried with the intent to cause injury: Items not specifically made as weapons but carried with intent to harm, like a tyre iron or standard baseball bat used with malicious intent.
Weapons that have legitimate uses, such as kitchen knives, do not fall under these categories unless they are used or carried with the intent to harm.
Prohibited Offensive Weapons
Certain offensive weapons are explicitly prohibited by the Criminal Justice Act 1988 (Offensive Weapons) Order 1988, as amended. It is now illegal to possess any of these weapons in private under the Offensive Weapons Act 2019.
Offensive weapons include:
1. Knuckleduster: Metal bands worn on the fingers to cause injury.
2. Swordstick: A concealed blade inside a walking stick.
3. Handclaw: Metal bands with sharp spikes protruding from them.
4. Belt buckle knife: A buckle that hides a concealed knife.
5. Push dagger: A knife designed to fit within a clenched fist.
6. Hollow kubotan: A cylindrical container with sharp spikes.
7. Footclaw: Spiked metal bars strapped to the foot.
8. Shuriken (throwing star): A hard plate with sharp radiating points.
9. Balisong (butterfly knife): A folding knife that opens by splitting the handle.
10. Telescopic truncheon: A truncheon that extends automatically.
11. Blowpipe (blow gun): A hollow tube used to shoot darts or pellets by breath.
12. Kusari gama: A chain attached to a sickle.
13. Kyoketsu shoge: A rope or chain attached to a hooked knife.
14. Manrikigusari (kusari): A chain with weights at both ends.
15. Disguised knife: A knife concealed within an everyday object (e.g. comb, pen).
16. Stealth knife: A non-metallic knife not designed for food preparation.
17. Straight, side-handled, or friction-lock truncheon.
18. Curved sword (e.g. katana): A sword with a blade of 50 cm or more.
19. Zombie knife: A knife with both a cutting edge and serrated edge, often adorned with violent imagery or words.
20. Cyclone knife: A knife with a spiral blade and a sharp point at the tip.
Legal Penalties
Under Section 46(2)(1A)(a) of the Offensive Weapons Act 2019, any person found in possession of these weapons in private is guilty of an offence. On conviction, the individual may face up to 51 weeks’ imprisonment, a fine, or both.
Conclusion
If you possess any of the above-listed weapons in your home, you are committing an offence under UK law and may be prosecuted. It is vital to be aware of the legislation surrounding offensive weapons and ensure compliance to avoid legal consequences.
