Offensive weapons in your home

As of July 14th, 2021

Possession of an Offensive Weapon (in public) is dealt with by s1 Prevention of Crime Act 1953.

It is an either way offence, meaning it can be dealt with in either the Magistrates’ Court or the Crown Court. The maximum sentence in the Magistrates’ Court is 6 months’ imprisonment and the maximum sentence in the Crown Court is 4 years’ imprisonment.

However, the Offensive Weapons Act 2019 (Commencement No. 1) Regulations 2021 brings into force specified provisions of the Offensive Weapons Act 2019.

A new offence of possessing an offensive weapon in private (e.g. your own home) has now been created and came into force on 14^th July 2021.

It is a summary only offence, meaning it can only be dealt with in the Magistrates’ Court, and carries a maximum of 6 months’ imprisonment.

Type of Offensive Weapons

Offensive weapons come in 3 categories;

1. Offensive weapons per se; items whose main or only purpose is to be used as a weapon – e.g. a bayonet.
2. Items adapted for use for causing injury to a person – e.g. a baseball bat with nails through it.
3. Items carried by a person with the intention to cause injury to another – e.g. a tyre iron or baseball bat if the person in possession of the item intended to cause injury to another person.

Items which are inherently dangerous but manufactured for a lawful purpose, such as kitchen knives, are not offensive per se. They would fall into category 3 if someone possessed one with the intention of causing injury to another person.

Offensive weapons, as defined by the s.141 Criminal Justice Act 1988 (Offensive Weapons) Order 1988 and the Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 1988 are deemed as offensive weapons per se.

s1 Prevention of Crime Act 1953 states that  “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…”

However under these new provisions it now illegal to possess offences weapons, as defined by Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (and additions), in your own home.

s.46(2)(1A)(a) of Offensive Weapons Act 2019 sets out the following;

“Any person who possesses a weapon, to which this section applies, in private is guilty of an offence and liable on summary conviction in England and Wales, to imprisonment  to a term not exceeding 51 weeks, to a fine or to both.”

Offensive Weapons as defined by s.141 of Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (and additions) are set out below;

1. Knuckleduster

A band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster.

2. Swordstick

A hollow walking-stick or cane containing a blade which may be used as a sword.

3. “Handclaw”

A band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand.

4. “Belt buckle knife”

A buckle which incorporates or conceals a knife.

5. “Push dagger”

A knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers.

6. “Hollow kubotan”

A cylindrical container containing a number of sharp spikes.

7. “Footclaw”

A bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot.

8. “Shuriken”, “shaken” or “death star” (aka ninja/throwing star)

A hard non-flexible plate having three or more sharp radiating points and designed to be thrown.

9. “Balisong” or “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.

10. “Telescopic truncheon”

A truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle.

11. “Blowpipe” or “blow gun”

A hollow tube out of which hard pellets or darts are shot by the use of breath.

12. “Kusari gama”

A length of rope, cord, wire or chain fastened at one end to a sickle.

13. “Kyoketsu shoge”

A length of rope, cord, wire or chain fastened at one end to a hooked knife.

14. “Manrikigusari” or “kusari”

A length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip.

15. 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).

16. 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.

17. Straight, side-handled or friction-lock truncheon (sometimes known as a baton)

18. Sword with a curved blade of 50 centimetres or over in length (e.g. Katana)

For the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade.

19. “Zombie knife”, “zombie killer knife” or “zombie slayer knife”

A blade with;

1. a cutting edge;
2. 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.

20. “Cyclone knife” or “spiral knife”

A weapon with;

1. a handle,
2. a blade with two or more cutting edges, each of which forms helix, and

• a sharp point at the end of the blade.

If you have any of the above weapons in your own home you are committing an offence and are liable to prosecution.

If you are facing a criminal investigation or proceedings for any offensive weapons offences or would like more information in relation to this article please contact Patrick Geddes or the Criminal & Regulatory Department on 01978 291000 or [email protected].