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Offensive weapons meaning

What does Offensive weapons mean?
An offensive weapon is an article that, in criminal law practice, engages offences concerning possession (often in a public place) and controls on manufacture, sale and supply. Across England and Wales, Scotland, Northern Ireland and Ireland, the concept follows a broadly consistent three-part test: an item is an offensive weapon if it is (1) made to cause injury to a person (offensive per se), (2) adapted for that purpose, or (3) carried with the intention of being used to cause injury. In England and Wales this appears in the Prevention of Crime Act 1953, s 1(4); similar statutory wording exists in Scotland (Criminal Law (Consolidation) (Scotland) Act 1995) and Ireland (Firearms and Offensive Weapons Act 1990), with equivalent provision in Northern Ireland. Key features: liability under the ‘intention’ limb turns on mens rea at the time of possession; otherwise innocuous objects may fall within the definition if adapted or intended for injury. Typical defences include lawful authority or reasonable excuse. In Great Britain, some offensive weapons are prohibited by name, creating offences relating to sale, supply and, for certain items, possession in private (under the Criminal Justice Act 1988 framework and later measures, including the Offensive Weapons Act 2019).
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View the related Practice Notes about Offensive weapons

PRACTICE NOTES
Corporate Crime and Criminal Justice Legislation Tracker 2025 [Archived]: UK and Welsh Parliament Bills, Progress and 2025 Acts

ARCHIVED This Practice Note is archived and no longer maintained. For details on government bills relevant to corporate crime in 2026, see Practice Note: Corporate Crime bills tracker—2026. It recorded the progress of government bills affecting corporate crime that were introduced in the House of Commons or the House of Lords in the UK during 2025, and included links to further information on each measure. For key secondary legislation, consultations and other notable developments of interest to corporate crime lawyers in 2025, see Practice Note: Corporate Crime horizon scanner—2025 [Archived]. Criminal liability Bill Long title Impact for corporate crime lawyers Further material Crime and Policing Bill UK Parliament—progress A Bill to make provision regarding anti-social behaviour, offensive weapons, offences against persons (including sexual offences), property offences, the criminal exploitation of individuals, sex offenders, stalking and public order; to confer powers on the police, the border force and similar authorities; to provide for confiscation; to make provision about the police; to legislate on...

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PRACTICE NOTES
Offensive Weapons in a Public Place: Prevention of Crime Act 1953 section 1—Elements, Defences, Sentencing, Related Knife Offences and KCPOs (England and Wales)

The offence of possession of an offensive weapon in a public place Under section 1 of the Prevention of Crime Act 1953 (PCA 1953), it is unlawful to carry an offensive weapon in a public setting without lawful authority or a reasonable excuse. The case may proceed in the magistrates’ court or the Crown Court. Where it appears that the magistrates’ sentencing powers are inadequate, they will refuse jurisdiction... Elements of the offence To secure a conviction under PCA 1953, s 1, the prosecution must establish that the defendant: has with them in a public place an offensive weapon without lawful authority or reasonable excuse Has with them The prosecution must show the defendant was in possession of the item. However, the phrase ‘has with them’ goes beyond simple possession or control. The courts have determined it means ‘knowingly has with them’, requiring proof that the defendant had actual knowledge of possessing the item. For more on...

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PRACTICE NOTES
Sale and delivery of knives and bladed products: under-18 restrictions, remote sales offences, defences and sentencing under the Criminal Justice Act 1988 and Offensive Weapons Act 2019

What are the key offences relating to the sale of knives? Section 141 of the Criminal Justice Act 1988 (CJA 1988) bans the sale of specified offensive weapons, which encompasses certain knives. The CJA 1988 also sets out a discrete offence covering the sale of knives and related articles to those under 18. That offence, contained in CJA 1988, s 141A, is summary only. Sections 38, 39, 40 and 42 of the Offensive Weapons Act 2019 (OWA 2019) establish separate offences concerning the delivery of bladed products to residential premises, as well as the delivery of bladed products and bladed articles to persons under 18. The Knives Act 1997 (KA 1997) creates two additional offences addressing the unlawful marketing and publication of knives. These offences, under KA 1997, ss 1 and 2, are triable either in the magistrates’ court or the Crown Court. For information on these offences, see Practice Note: Unlawful marketing and publication of knives. Sale of offensive weapons under CJA 1988, s 141:...

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