How long do you get for carrying an offensive weapon?

How long do you get for carrying an offensive weapon?

Possession of an offensive weapon is a serious offence. If convicted, you could face up to 4 years’ imprisonment, as well as problems finding work in the future and the impact on your family. It’s therefore essential to have the very best legal advice and representation at every stage of criminal proceedings.

What is considered an offensive weapon?

any article made or adapted for use for causing injury to a person or intended by the person having it with him for such use by him. A razor is not an offensive weapon in its own right but could be such if intended by the person to be used as such.

Is possession of an offensive weapon an either way offence?

The offence of possession of an offensive weapon is triable either-way. This means that it can be dealt with in either the Magistrates’ or Crown Court depending upon the seriousness of the offence.

What happens if you get caught with a bladed article?

When tried summarily in the magistrates’ court, the maximum penalty for being found guilty of possession of a bladed article is a level 5 fine and/or 6 months in prison. When tried on indictment in the crown court, the maximum penalty is 4 years’ imprisonment.

What is a reasonable excuse for carrying an offensive weapon?

“Lawful authority or reasonable excuse” Lawful authority would include carrying an offensive weapon as a matter of duty, e.g. a police officer carrying a baton. Reasonable excuse can include self-defence where the threat perceived is immediate or imminent as opposed to general or enduring.

What punishment do you get for carrying a knife?

The maximum sentence for carrying a knife illegally is four years in prison and an unlimited fine. If you injure someone or use a knife to commit a crime, the penalties could increase.

Is a pen knife an offensive weapon?

The fact that a person is carrying an object which they go on to use to injure another is not necessarily evidence of intent; a person may lawfully carry a penknife and then use it to injure another but at the time they were carrying it, it was not an offensive weapon.

Is a butter knife an offensive weapon?

A butter knife can be an offensive weapon, the High Court ruled yesterday. The decision came in the rejection of an appeal by Charlie Brooker, of Welling, Kent, who had been convicted under the Criminal Justice Act of carrying a bladed instrument.

Is it illegal to own a samurai sword UK?

Anyone purchasing a sword must be at least 18 years of age. Samurai and other curved swords are legal, *AS LONG AS* they have been handmade using traditional production methods.

What is a Level 5 fine UK?

New legislation has come into force granting magistrates powers to issue unlimited fines for health and safety offences in England and Wales. Fine levels were set on a “standard scale” of 1-5 (5 being the most serious) ranging from a cap of £200 (level 1) to a cap of £5,000 (level 5).

What are the three types of offensive weapons?

These include: machetes, swords, flick knives, truncheons. These weapons are classed as having no innocent quality. Other weapons which do not fall into this category do have an innocent purpose such as ordinary razors, penknives and lock knives.

What’s the maximum sentence for an offensive weapon?

(Either way, maximum term of 4 years imprisonment upon indictment) Offensive weapon is defined with reference to s1 (9) of the Police and Criminal Evidence Act 1984 and therefore includes articles made or adapted for use for causing injury to persons or intended by the person having it with him for such use by them or b some other person.

What are the different types of weapon offences?

There are a number of different types of weapon offences under English law. The primary weapon offences can be summarised as: Possession of offensive weapon/s Possession of a knife/bladed article

What are new offences under Offensive Weapons Act 2019?

The Offensive Weapons Act 2019 (OWA) introduced new offences such as [possession of a corrosive substance in a public place, threatening with a blade, offensive weapon or corrosive substance in a private place,] possession of certain prohibited knives in a private place and amended the definitions and defences to certain existing offences.

Is it an offence to carry a knife in a public place?

Where there is sufficient evidence to prove an offence of carrying an offensive weapon or bladed or pointed article in a public place or school in addition to another offence it is good practice to charge both offences, even where the knife or weapon has been used during the commission of the other offence.