Define: Offensive Weapon

Offensive Weapon
Offensive Weapon
Quick Summary of Offensive Weapon

An offensive weapon is a term used in criminal law to describe an object that is designed, adapted, or intended to cause injury or harm to another person. This category includes weapons such as knives, firearms, clubs, and other items that are inherently dangerous and have no lawful purpose for possession in public spaces. Possessing or carrying an offensive weapon in public without lawful authority or reasonable excuse is often a criminal offense, punishable by law. The classification of an object as an offensive weapon depends on its intended or foreseeable use as a weapon, rather than its inherent characteristics. Law enforcement agencies and courts determine whether an item qualifies as an offensive weapon based on factors such as its appearance, intended use, and the circumstances of its possession or use.

Full Definition Of Offensive Weapon

There are three categories of offensive weapon

  • those “Made” for causing injury e.g. flick knife, sword, stick, or a police truncheon; and
  • those “Adapted” for causing injury; for e.g. a bottle broken so it has a jagged edge, a potato with razor blades inserted; and
  • thirdly those weapons neither made or adapted for causing injury but carried for that purpose.

Whether the article is a weapon because it has been adapted is a question of fact for the Court. If the article is neither made nor adapted for causing injury to the person then the prosecution must prove it was carried for that intention.

‘Offensive weapon’ is defined under Section 1(9) of the Police and Criminal Evidence Act 1984 and Codes of Practice A23 as any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use or by someone else. There are three categories of offensive weapons: those made for causing injury to the person; those adapted for such a purpose; and those not so made or adapted, but carried with the intention of causing injury to the person. A firearm, as defined by section 57 of the Firearms Act 1968, would fall within the definition of offensive weapon if any of the criteria above are satisfied.

Having an offensive weapon in a public place is an offence under the Prevention of crime act 1953

(1)Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence, and shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding 200, or both;.
(b)on conviction on indictment, to imprisonment for a term not exceeding four years or a fine not exceeding one hundred pounds, or both..
(2)Where any person is convicted of an offence under subsection (1) of this section the court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.
Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/offensive-weapon/
  • Modern Language Association (MLA):Offensive Weapon. dlssolicitors.com. DLS Solicitors. March 29, 2024 https://dlssolicitors.com/define/offensive-weapon/.
  • Chicago Manual of Style (CMS):Offensive Weapon. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/offensive-weapon/ (accessed: March 29, 2024).
  • American Psychological Association (APA):Offensive Weapon. dlssolicitors.com. Retrieved March 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/offensive-weapon/