Knife and Other Weapons Offences
- Introduction
- Selecting the most appropriate charges
- Offences available
- Summary only offences
- Either way offences
- Acceptability of pleas
- Sentencing
- Annex A - Definitions of knives, weapons and corrosive products
Introduction
This guidance is intended to assist prosecutors in identifying the legislation available to consider when reviewing cases involving weapons and knives. Please note there is separate guidance for Firearms offences.
It is not an exhaustive account of all the offences but a guide to some key offences. It aims to assist prosecutors in selecting the appropriate charge in the circumstances of the case and sets out legislative provisions in place when considering a case involving a repeat offender.
Where an offence has been committed by a child i.e. someone aged under 18 years old, prosecutors should refer to the Children as suspects and defendants guidance. Prosecutors should also consider the Guideline on the Cautioning and Charging of Knife Crime Offences.
Selecting the most appropriate charge or charges
It is for the prosecutor to consider all the circumstances and facts of the case to arrive at a decision on the appropriate charge/s, applying the principles set out in the Code for Crown Prosecutors, in particular paragraph 6 'selection of charges'.
Prosecutors when applying the code must ensure:
- that the court has adequate sentencing powers
- the seriousness of the offending is considered and whether it is appropriate to reflect the carrying/use of a weapon or knife as part of other offending or a separate charge is required, to ensure the court can consider the totality of the offending
Prosecutors should ensure that a case can be presented clearly and simply for a court/jury to understand and where appropriate make use of multiple incident counts on an indictment.
Where knife point robberies are charged, prosecutors should charge a separate count for the offence of either possession of an offensive weapon or having a bladed article alongside the substantive robbery charge. This will allow the court appropriate sentencing powers and for the weapon or knife offence to be reflected on the offenders PNC. It will also ensure if offender is further convicted for the same offence the minimum sentence provisions can be applied.
The following process may assist prosecutors. First, determine what type of weapon or knife the suspect had? Second, what did they do with the weapon or knife? Third, what are the powers of sentence?
1. Determine the type of weapon or knife?
Prosecutors can refer to Annex A for definitions of different types of weapons and knives. When the police provide a file submission to the CPS this should clearly identify the type of weapon or knife which should be considered as part of a charging decision, along with the size of the blade on the weapon or knife, where appropriate.
2. What have they done with the weapon or knife?
Prosecutors should consider the evidence supplied and determine what the suspect has done with the weapon or knife. Have they simply been in possession, have they tried to sell or deliver it, have they made threats with the weapon or knife and have they used the weapon or knife. This will assist in determining the type of offence that should be charged.
3. What is the likely sentence?
Prosecutors should consider the likely sentence a suspect would receive. There may be occasion where there is overlap in offences. For example, a flick knife or gravity knife would fall within the definition under both section 1A Restriction of Offensive Weapons Act 1959, a summary only offence that carries a maximum penalty of 51 weeks imprisonment and section 1 Prevention of Crime Act 1953, an either way offence that carries a maximum penalty of 4 years' imprisonment.
There will also be occasions where the selection of a particular charge is required to ensure that the court has the powers to impose a mandatory minimum sentence or extended sentence, (see below section on ‘Mandatory minimum sentences' for where this is applicable).
Offences available
The below is a non-exhaustive list of offences available for prosecutors to consider when making a charging decision.
Summary only offences
These offences are triable only in the magistrates’ court and carry a maximum penalty of six months imprisonment. The statutory time limit in section 127 Magistrates' Courts Act 1980 will apply to most offences where proceedings must be commenced within 6 months of the date the offence was committed.
Most of these offences relate to the sale or delivery of a weapon or knife.
Possession of dangerous knives
This offence can be found in section 1(1A) Restriction of Offensive Weapons Act 1959 (“ROWA 1959”). It is committed when a person has with them a flick knife or a gravity knife.
A person will have a defence where they possess the item as the operator of, or a person acting on behalf of, a museum or gallery.
Possession of prohibited offensive weapons in private
This offence can be found in section 141(1A) Criminal Justice Act 1988 (“CJA 1988”). It is committed when a person has with them a weapon in a private place.
The weapons this section applies to are set out in the Criminal Justice Act (Offensive Weapons) Order 1988 and are defined in Annex A.
There are several potential defences to this offence detailed in section 141 CJA 1988 where a person will have legal reason for possession of the weapon.
Sale of knives and certain articles with a blade to a person under 18 years old
This offence can be found in section 141A CJA 1988. It is committed when a person sells to a person under the age of 18 years old, any of the following: a knife, an axe, a knife blade, a razor blade, or any article which has a blade, or which is sharply pointed and is made or adapted for the use of causing an injury to a person.
A person will have a defence where they have taken all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Sale of a corrosive product to a person under 18 years old
This offence can be found in section 1 Offensive Weapons Act 2019 (“OWA 2019”). It is committed when a person sells a corrosive product to someone under 18 years old.
A person will have a defence where they have taken all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Manufacture, sell or hire dangerous weapons
This offence can be found in section 1(1) Restriction of Offensive Weapons Act 1959. It is committed when a person manufactures, sells, hires, or offers for sale or hire, or exposes or has in his possession for the purpose of sale or hire, or lends or gives to another person a flick knife or a gravity knife.
A person will have a defence where the conduct was for the purposes of making the item available for a museum or gallery.
Delivery of corrosive products to residential premises
This offence can be found in section 3 OWA 2019. It is committed when a person (“the seller”) sells a corrosive product to another person (“the buyer”) and they were not in each other’s presence. The seller must deliver or arrange delivery of the product to a residential premises. This includes, where a product is delivered to a locker.
The seller will have a defence where they have taken all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Delivery of corrosive products to persons under 18
This offence can be found in section 4 OWA 2019. It is committed when a person (“the seller”) sells a corrosive product to another person under the age of 18 years old (“the buyer”), they were not in each other’s presence and the seller was outside of the UK at the time of the sale. Before the sale, the seller entered an arrangement with a person who is a body corporate who agreed to deliver corrosive products for the seller. The body corporate must have, as part of their agreement, been aware that they had agreed to deliver corrosive products and have delivered them pursuant to the agreement. They will commit the offence, if when they deliver the corrosive product, they do not deliver it into the hands of a person aged 18 or over.
The body corporate or delivery person will have a defence where they have taken all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Delivery of a bladed product to a residential premises
This offence can be found in section 38 OWA 2019. It is committed when a person (“the seller”) sells a bladed article to another person (“the buyer”), they were not in each other’s presence at the time of the sale and the item is delivered to a residential premises or delivery locker.
A seller will have a defence where they have taken all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Delivery of bladed products to a person under 18
This offence can be found in section 39 OWA 2019. It is committed when a person (“the seller”) sells a bladed article to another person (“the buyer”), they were not in each other’s presence at the time of the sale, the seller was in the UK. Before the sale, the seller entered an arrangement with a person who is a body corporate who agreed to deliver corrosive products for the seller. The body corporate must have as part of their agreement been aware that they had agreed to deliver corrosive products and have delivered them pursuant to the agreement. They will commit the offence, if when they deliver the bladed product, they do not deliver it into the hands of a person aged 18 or over.
A body corporate will have a defence where they have taken all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Possession of a crossbow – maximum level 3 fine
This offence can be found in section 3 Crossbows Act 1987 (“CA1987”). It is committed when a person under the age of 18 years old and not supervised by a person 21 years old or older, has with them a crossbow capable of discharging a missile or part of a crossbow which can be assembled to form a crossbow capable of discharging a missile.
Purchase or hire of crossbow to a person under 18
This offence can be found in section 2 CA 1987. It is committed when a person under 18 buys or hires a crossbow or part of crossbow.
Either way offences
The offences which are triable either in the magistrates’ court or Crown Court vary in their maximum penalty between 4-14 years’ imprisonment.
Most of these offences relate to possession of weapons or knives using them whilst making threats and the marketing and manufacturing of weapons or knives.
Possession of an offensive weapon in a public place – maximum 4 years imprisonment
This offence can be found in section 1 Prevention of Crime Act 1953 (“PCA 1953”). It is committed when a person has with them in a public place any article made or adapted for use for causing an injury to a person or intended by the person having it with them for such use by them or another person without lawful authority or reasonable excuse.
Under section 315 Sentencing Act 2020 ("SA 2020") the court must apply the mandatory minimum sentence for this offence where the offender is aged 16 or over and is convicted of a second offence, under either section 1 PCA 1953, section 139 CJA 1988, section 139A(1) or (2) CJA 1988 or section 6 OWA 2019. Prosecutors should see the below section titled ‘Mandatory minimum sentences' for more detail.
Possession of a bladed article in public place - maximum 4 years imprisonment
This offence can be found in section 139 CJA 1988. It is committed when a person has an article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches in a public place without good reason or lawful authority.
A person will have a defence if they can prove they have a good reason or lawful authority for having the article in a public place. For example, if they have it with them for work purposes, religious reasons or as part of a national costume.
Under section 315 SA 2020 the court must apply the mandatory minimum sentence for this offence where the offender is aged 16 or over and is convicted of a second offence, under either section 1 PCA 1953, section 139 CJA 1988, section 139A(1) or (2) CJA 1988 or section 6 OWA 2019. Prosecutors should see the below section titled ‘Mandatory minimum sentences’ for more detail.
Having a bladed article or offensive weapon on education premises – maximum 4 years imprisonment
This offence can be found in section 139A CJA 1988. It is committed when a person has with them on education premises any article made or adapted for use for causing an injury to a person or intended by the person having it with them for such use by them or another person or an article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches, without good reason or lawful authority.
School is defined in section 4 Education Act 1996 and further education premises is defined in section 91 Further and Higher Education Act 1992.
Under section 315 SA 2020 the court must apply the mandatory minimum sentence for this offence where the offender is aged 16 or over and is convicted of a second offence, under either section 1 PCA 1953, section 139 CJA 1988, section 139A(1) or (2) CJA 1988 or section 6 OWA 2019. Prosecutors should see the below section titled ‘Mandatory minimum sentences’ for more detail.
Having a corrosive substance in a public place – maximum 4 years imprisonment
This offence can be found in section 6 OWA 2019. It is committed when a person has in a public place a corrosive substance without a good reason or lawful authority.
A person will have a defence if they can show that they had the corrosive substance with them for use at work.
Under section 315 SA 2020 the court must apply the mandatory minimum sentence for this offence where the offender is aged 16 or over and is convicted of a second offence, under either section 1 PCA 1953, section 139 CJA 1988, section 139A(1) or (2) CJA 1988 or section 6 OWA 2019. Prosecutors should see the below section titled ‘Mandatory minimum sentences’ for more detail.
Unauthorised possession in prison of a knife or offensive weapon – maximum 4 years imprisonment
This offence can be found in section 40CA Prison Act 1952 (“PA 1952”). It is committed when a person, without authorisation, has in their possession inside a prison any article made or adapted for use for causing an injury to a person or intended by the person having it with them for such use by them or another person or an article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches.
This offence applies to all persons inside a prison including, prisoners, staff, and visitors.
A person will have a defence where they can show they reasonably believed that they had authority to be in possession of the article or there was an overriding public interest which justified the possession.
Prosecutors can also refer to the Prison related offences prosecution guidance when considering this offence or related offences.
Threatening with an offensive weapon in a public place – maximum 4 years imprisonment
This offence can be found in section 1A PCA 1953. It is committed when a person unlawfully and intentionally threatens another person with an offensive weapon in a public place and they do it in such a way that a reasonable person would think that there is an immediate risk of serious physical harm.
Threatening with an offensive weapon in a private place – maximum 4 years imprisonment
This offence can be found in section 52 OWA 2019. It is committed when a person whilst in a private place unlawfully and intentionally threatens another person with an offensive weapon, bladed article or a corrosive substance and does so in a way that means there is an immediate risk of serious physical harm.
Threatening with an article, blade or offensive weapon in a public place or school premises/further education premises – maximum 4 years imprisonment
This offence can be found in section 139AA(1) CJA 1988 / 139AA(1A) CJA 1988. It is committed when a person has either a bladed article/pointed article (as defined in section 139CJA 1988) or an offensive weapon (as defined in section 1 PCA 1953) in a public place or educational premises and unlawfully and intentionally threatens another in such a way that a reasonable person who was exposed to the same threat would think there is an immediate risk of serious physical harm to that person.
Unlawful marketing of knives – maximum 4 years imprisonment
This offence can be found at section 1 Knives Act 1997 (“KA 1997”). It is committed when a person markets a knife in a way which either indicates or suggests that the knife is suitable for combat or is otherwise likely to simulate or encourage violent behaviour involving the use of the knife as a weapon.
A person will have a defence where they can prove any of the following:
the knife was marketed for the armed forces or as an antique, and it was reasonable for the knife to be marketed in that way, and that there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the way in which it was marketed would use it for an unlawful purpose
they did not know or suspect, and that there was no reasonable ground for suspecting that the marketing amounted to an indication the knife was suitable for combat or would stimulate or encourage violent behaviour, involving the use of the knife as a weapon
they took all reasonable precautions and exercised all due diligence to avoid committing the offence
Publications in connection with marketing of a knife – maximum 4 years imprisonment
This offence can be found at section 2 KA 1997. It is committed when a person publishes any written, pictorial, or other material in connection with marketing of a knife which indicates or suggests that the knife is suitable for combat or is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife or weapon.
A person will have a defence where they can prove any of the following:
- the knife was marketed for the armed forces or as an antique, and it was reasonable for the knife to be marketed in that way, and that there were no reasonable grounds for suspecting that a person into whose possession the knife might come in consequence of the publishing of the material would use it for an unlawful purpose
- they did not know or suspect and that there were reasonable grounds for suspecting the marketing amounted to an indication the knife was for combat or would stimulate or encourage violent behaviour involving the use of the knife as a weapon
- they took all reasonable precautions and exercised all due diligence to avoid committing the offence
Manufacture, sell or hire an offensive weapon – maximum 4 years imprisonment
This offence can be found at section 141 CJA 1988. It is committed when a person manufactures, sells, hires, or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to another person, a weapon.
A person will have a defence where they can prove that:
- the conduct was carried out on behalf of the Crown or a visiting force
- was for the purpose of making the weapon available to a museum or gallery which does not distribute profits
- in relation to a person acting on behalf of a museum or gallery which does not distribute profits, or the operator of such a museum or gallery, or a person acting on behalf of such an operator, that person had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes
- the conduct was for the purpose only of making the weapon available for the purposes of theatrical performances / rehearsals, film production, and/or production of TV programmes
- in relation to a sword with a curved blade of 50 centimetres or over in length:
- the weapon was made before 1954 or was made at any other time according to the traditional methods of making swords by hand
- the conduct was for the purpose of making the weapon available to an organisation, for permitted activity who held insurance
- the conduct was for the purpose of making the weapon available for religious reasons
The weapons this section applies to are set out in the Criminal Justice Act (Offensive Weapons) Order 1988, and are defined in Annex A.
Using someone to mind a weapon – maximum 4 years imprisonment where the weapon was a specified offensive weapon, knife or bladed weapon or maximum 10 years where the weapon was a specified firearm
This offence can be found at section 28 Violent Crime Reduction Act 2006 (“VCRA 2006”). It is an offence for a person to use another to look after, hide or transport a dangerous weapon and does so under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapon being available for an unlawful purpose.
Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Prosecutors should see the below section titled ‘Mandatory minimum sentences’ for more detail.
Acceptability of pleas
Prosecutors should apply paragraphs 9.1 to 9.7 of the Code for Crown Prosecutors as well as the Attorney General's Guidelines on Accepting Pleas when considering acceptability of pleas.
Prosecutors should only accept the defendant’s plea if:
- the court can pass a sentence that matches the seriousness of the offending, particularly where there are aggravating features, (noting any mandatory minimum sentences), and
- it provides the court with adequate powers to impose other ancillary orders, bearing in mind that these can be made with some offences but not with others
Where knife point robberies are committed and a separate count has been included on the indictment alleging either possession of an offensive weapon or having a bladed article together with the substantive robbery charge a guilty plea or conviction in respect of the knife count in addition to the robbery can result in a consecutive sentence or concurrent sentences uplifted to reflect totality and if a defendant is further convicted for the same offence the minimum sentence provisions will be applied. Prosecutors should insist on guilty pleas to such counts and not to have them lie on file.
Sentencing
The Sentencing Council has published guidelines for sentencing many of these offences which can found on their website at Sentencing – Sentencing Council.
Mandatory minimum sentences
Where the offender is convicted of a second weapon or knife offence
Under section 315 SA 2020 the court must apply the mandatory minimum sentence, when an offender aged 16 or over is convicted of a second offence under the following:
- section 1 PCA 1953 (possession of an offensive weapon)
- section 139 CJA 1988 (possession of a bladed article)
- section 139A(1) or (2) CJA 1988 (having a bladed article or offensive weapon on education premises)
- section 6 OWA 2019 (having a corrosive substance in a public place)
For this to apply there must be a conviction (guilty plea or finding of guilt) for the for the first relevant offence, (see section 315(5) SA 2020 for list of relevant offences), and then the commission of the second offence must have taken place on or after 17 July 2015 for offences under section 1 PCA 1953, section 139 CJA 1988 and section 139A CJA 1988, and on or after 6 April 2022 for section 6 OWA 2019. It does not matter for the purpose of section 315 SA 2020 when the first relevant offence occurred only the second offence.
The minimum sentence will not apply if the second offence was committed whilst the offender was on bail awaiting a trial for the first offence and it does not apply it the second offence is a threatening offence.
It does not matter what age the offender was at the time of commission of the first relevant offence, but they must be 16 years or over at the commission of the second offence for the minimum sentence to be imposed.
The minimum custodial sentence is at least six months' imprisonment for an offender aged 18 or over when convicted of the index offence (detention in a young offender institution for those aged under 21), and at least a four-month detention and training order for 16- and 17-year-olds.
The judge must impose the minimum sentence unless the court is of the opinion that there are exceptional circumstances which relate to the offence, the previous offence(s), or the offender which justify not doing so.
Prosecutors should be prepared to make submissions on whether there are particular or exceptional circumstances which justify the court not imposing the minimum sentence. Any court decision on whether the minimum term should be imposed must be clearly recorded.
The power to make a community order is not exercisable in circumstances where the mandatory minimum sentence condition is met, see section 202 SA 2020.
The power to make a youth rehabilitation order is not exercisable in circumstances where the mandatory minimum sentence condition is met, see section 177 SA 2020.
However, it is possible to suspend a minimum term of imprisonment or detention in a young offender institution, but will be rare: R v Uddin [2022] EWCA 751.
Where the offender used the weapon or knife to commit an offence or commit murder
If the offender took a knife or other weapon to the scene intending to (a) commit any offence, or (b) have it available to use as a weapon and used that knife or other weapon in committing the murder, the normal starting point is 25 years for the minimum term of the life sentence. This applies to offences of murder committed from 2 March 2010 if the offender was aged 18 or over when the offence was committed (and the case does not fall within the conditions for other appropriate starting points, schedule 21 SA 2020). Prosecutors should also refer to the Homicide prosecution guidance.
Where the offender is convicted of a threatening offence
Under section 312 2020 the court must apply the mandatory minimum sentence when an offender aged 16 or over is convicted of a threatening offence under the following:
- section 1A PCA 1953
- section 139AA CJA 1988
There is not requirement for previous offences to have been committed.
The minimum term for offenders aged 16 or over but under 18 is a 4-month' detention and training order, offenders aged 18 or over but under 21 is a 6 month' detention and training order and offers age 21 or over a term of at least 6 months' imprisonment.
Ancillary Orders
Prosecutors should refer to the Ancillary Orders related prosecution guidance to consider appropriate orders to be made in the circumstances of the case.
Forfeiture/Deprivation
In all cases involving a weapon, knife or firearm prosecutors should seek forfeiture and destruction or deprivation order. For offences contrary to section 1 PCA 1953, section 1(2) PCA 1953 enables forfeiture and destruction of the weapon. For section 6 Knives Act 1997 (for offences committed under sections 1 and 2) and section 6 Crossbows Act 1987 contain provisions relating to forfeiture or disposal. For all other sections a deprivation order should be sought, prosecutors should refer to the provisions in sections 152-161 SA 2020.
Serious Violence Reduction Orders (SVROs) – Available in Merseyside, Sussex, Thames Valley and West Midlands
Section 342A SA 2020 makes provisions for SVROs. SVROs are civil orders made in respect of an offender convicted of an offence involving a bladed article or offensive weapon.
The purpose of the SVRO is to protect the public from the risk of harm involving a bladed article or offensive weapon, protect any particular members of the public (including the offender) from such risk, or prevent the offender from committing another offence involving a bladed article or offensive weapon.
SVROs are being piloted across Merseyside, Sussex, Thames Valley, and West Midlands over a two-year period. Following the pilot, SVROs will be independently evaluated before consideration is given to whether SVROs are rolled out nationally. The pilot is due to finish on 19 April 2025, but there is a six-month savings period during which existing orders will remain live, but no new orders may be made. This is to allow for orders made up to or on the final day of the pilot to be live for a minimum duration of six-months meaning that the use of the SVRO stop and search power will be available until 19 October 2025. After 19 October 2025 all live orders will become null and void.
SVROs can only be applied for in pilot areas; however, an officer from any police force, including British Transport Police, may exercise the power granted by the SVRO, and a breach of a SVRO can be committed and prosecuted anywhere in England and Wales.
The prosecution, either at its own initiative or following a request from the police, can make an application to the court in respect of an offender aged 18 or over who has been convicted of a relevant offence.
A relevant offence is where the court is satisfied, on the balance of probabilities, that a bladed article or offensive weapon was used by or was with the offender when the offence was committed; or another person who committed the offence used or had with them a bladed article or offensive weapon in the commission of the offence and the offender knew or ought to have known that this would be the case.
When considering a relevant offence, in DPP v Stanley [2022] EWHC 3187 (Admin), the Administrative Court held that the wording of section 19(10)(c) OWA 2019 was sufficient to cover an offence of having a bladed article in a public place under section 139(1) and (6) CJA 1988. The court also held that there is no requirement for any other offence to have been committed at the same time. The same rationale is likely to apply to SVROs.
The conditions for an SVRO are set out in section 342A SA 2020. A court can only make an SVRO in addition to dealing with the offender for the offence, but not if it makes an order for absolute discharge in respect of the offence.
Section 342G SA 2020 creates an offence of breach of a SVRO, punishable on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, a fine, or both; and on conviction on indictment, to imprisonment for a term not exceeding 2 years, a fine, or both.
Annex A - Definitions of knives, weapons and corrosive products
Balisong aka butterfly knife
A blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Baton
A straight, side-handled or friction-lock truncheon (sometimes known as a baton). This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Belt buckle knife
A buckle which incorporates or conceals a knife. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Blowpipe or blow gun
A hollow tube out of which hard pellets or darts are shot by the use of breath. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Corrosive product
A corrosive product is defined in Schedule 1 OWA 2019. A corrosive substance is one capable of burning human skin by corrosion. The definition means that most household cleaning products would not be captured e.g. household bleach, standard household cleaners or liquids e.g. vinegar. However, it would capture strong drain cleaners and unblockers, brick and patio cleaners, paint strippers and industrial cleaning agents. There may be a lawful authority or reasonable excuse for having some of these items for example, during their business or employment. For example: an employee of a cleaning company who has industrial strength cleaning agents or an employee of a swimming pool cleaning company who has swimming pool chemicals. The onus is on the defendant to prove that a lawful authority or reasonable excuse exists on the balance of probabilities.
Crossbow
Crossbow is defined as a draw weight of not less than 1.4kg.
Curved blade sword
A sword with a curved blade of 50 centimetres or over in length. (The length of the blade shall the straight line distance from the top of the handle to the tip of the blade). This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Cyclone knife also known as Spiral knife
A blade with a handle, a sharp point at the end and one or more cutting edges that each form a helix. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Disguised knife
Any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone). This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Flick knife
A flick knife must have a blade which opens automatically from the closed position to the fully open position or from a partially open position to a fully open position by manual pressure applied to a button, spring, or other device in or attached to the knife. This is a dangerous weapon as set out in section 1 Restriction of Offensive Weapons Act 1959.
Footclaw
A bar of metal or other hard material from which a number of sharp spikes protrude and worn strapped to the foot. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Gravity knife
A gravity knife has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device. This is a dangerous weapon as set out in section 1 Restriction of Offensive Weapons Act 1959.
Handclaw
A band of metal or other hard material from which a number of sharp spikes protrude and is worn around the hand. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Hollow Kubotan
A cylindrical container containing a number of sharp spikes. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Knuckleduster
A metal weapon that is worn over the knuckles and is intended to increase the injuries caused when hitting a person. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Kusari Gama
A length of rope, cord, wire, or chain fastened at one end to a sickle. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Kyoketsu Shoge
A length of rope, cord, wire, or chain fastened at one end to a hooked knife. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Manrikigusari also known as Kusari
A length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Offensive weapon
R v Simpson (C) 78 CAR 115 the court identified 3 categories of offensive weapon:
offensive per se i.e. those made for the use of causing an injury to the person. For example, a truncheon, rice flail or butterfly knife
adapted for use for example, a bottle deliberately broken
intended by a person having it with them for use for causing injury to another person
Push dagger
A knife, the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Shuriken also known as a Shaken or Death Star
A hard non-flexible plate having three or more sharp radiating points and designed to be thrown. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Stealth knife
A knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Swordstick
A hollow walking stick or cane containing a blade which may be used as a sword. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Telescopic truncheon
A truncheon which extends automatically by hand pressure applied to a button, spring, or other device in or attached to its handle. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Zombie knife also known as Zombie killer knife or Zombie slayer knife
A type of ornate knife or bladed weapon inspired by zombie films and TV series. These knives can range in size and shape but are commonly defined as having a cutting edge, a serrated edge and images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence. This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.
Zombie style knife or Zombie-style machete
A type of bladed article defined as having a plain cutting edge, a sharp pointed end and a blade over 8 inches in length, (the length of the blade being the straight-line distance from the top of the handle to the tip of the blade). This is a prohibited offensive weapon set out in the Criminal Justice Act (Offensive Weapons) Order 1988.