An offensive weapon is an article that is made, adapted, or intended for use for causing injury to a person. In England and Wales, the central public-place offence is section 1 of the Prevention of Crime Act 1953. Related offences also appear in the Criminal Justice Act 1988, the Offensive Weapons Act 2019, and later weapons legislation.
The label does not depend only on what an object looks like. Some items are offensive weapons by their nature, some become offensive weapons because they have been altered, and some ordinary items become offensive weapons because of the purpose for which the person has them.
Definition
Section 1 of the Prevention of Crime Act 1953 defines an offensive weapon as any article:
- Made for use for causing injury to the person.
- Adapted for use for causing injury to the person.
- Intended by the person having it with them for such use.
The Crown Prosecution Service uses the same three-part approach. It is common to describe the first category as weapons made per se, the second as adapted weapons, and the third as intended weapons.
Made Weapons
A made weapon is designed for causing injury. Examples may include a knuckle-duster, truncheon, sword, dagger, flick knife, or similar article. The prosecution usually does not need to prove a separate intention to use it as a weapon if the item is of a kind made for injury.
Some made weapons are also prohibited weapons. That can create separate offences relating to manufacture, sale, importation, delivery, or possession in private. The prohibited list is mainly dealt with through the Criminal Justice Act 1988 and statutory orders made under it, as amended by the Offensive Weapons Act 2019.
Adapted Weapons
An adapted weapon is an item changed so it can cause injury. Examples include:
- A bottle deliberately broken to create sharp edges.
- A chair leg sharpened or weighted for fighting.
- A tool altered so it is easier to use as a striking or stabbing weapon.
The alteration matters because it can show that the article has been turned into something intended for violence.
Intended Weapons
An intended weapon is an ordinary object carried or kept for use in causing injury. A screwdriver, hammer, torch, kitchen knife, walking stick, belt, or folding pocket knife may be ordinary in itself. It can still become an offensive weapon if the evidence shows it was carried for use as a weapon.
Intent can be inferred from the circumstances. Relevant facts may include threats, messages, behaviour, location, concealment, previous incidents, the reason given in interview, and whether the item had an innocent explanation.
Public Place Offence
Section 1 of the Prevention of Crime Act 1953 makes it an offence for a person, without lawful authority or reasonable excuse, to have an offensive weapon with them in a public place.
A public place includes a highway and other places to which the public have access. Shops, streets, shopping centres, stations, pubs, parks, and many public-facing premises can qualify. Private premises can still be relevant to other weapons offences, but the 1953 Act offence is focused on public places.
The expression "has with him" is wider than holding an item in the hand. A weapon in a bag, under a car seat, or close by and under the person's control may still be with them if the connection is close enough.
Lawful Authority and Reasonable Excuse
Lawful authority is narrow. It may cover people who carry a weapon as part of lawful duty, such as some police or military contexts.
Reasonable excuse depends on the facts. Work, sport, theatre, re-enactment, religious use, collection transport, or moving an item from one lawful place to another may explain possession in some cases. A vague assertion that the item is "for protection" is usually weak. CPS guidance states that carrying a weapon in public because of a constant or general fear is not normally a reasonable excuse. An imminent and specific threat may be different, but the timing and purpose must be closely connected to that threat.
Bladed Articles
An offensive weapon is not the same thing as a bladed article. A person can commit the section 139 Criminal Justice Act 1988 offence by having a bladed or sharply pointed article in public without good reason or lawful authority, even if there is no intent to use it offensively.
The two categories can overlap. A lock knife carried for work may be a bladed article but not an offensive weapon. The same knife carried to threaten someone may be both.
Clothing and Appearance
Clothing is not normally an offensive weapon. Wearing black clothing, tactical clothing, a poncho, boots, gloves, a face covering, or a ballistic vest does not by itself create the section 1 offence. Those facts may still affect police suspicion, public-order concerns, or the way a court views the surrounding circumstances.
For example, a person walking in public while dressed in tactical clothing and carrying a lawful small folding pocket knife is not automatically carrying an offensive weapon. The prosecution would still need to prove the relevant elements. If the same person had messages showing they planned to attack someone, or had modified equipment for violence, the analysis would change.
Practical Examples
Lawful Tool Carried for Work
A tradesperson carries a hammer and utility knife from a van to a job. The items can injure someone, but the work context may provide a good reason. If the same tools are taken to a planned fight, they may become intended offensive weapons.
Ordinary Object Used as a Weapon
A person picks up a glass during an argument and threatens to smash it into another person's face. The glass was ordinary moments earlier, but the conduct may show it was intended as a weapon.
General Self-Protection
A person carries a baton in a town centre because they are worried about crime generally. That is unlikely to be a reasonable excuse. Carrying weapons for general self-defence is treated very strictly.
Immediate Attack
A person is attacked and uses an object already in their lawful possession to protect themselves. That is different from carrying the object around in advance as a weapon. The issue may then become self-defence and Reasonable force, not simple possession in advance.
Sentencing
Possession of an offensive weapon in a public place is an either-way offence. The maximum sentence on indictment is four years' imprisonment, an unlimited fine, or both. Sentencing can be affected by threats, use of the weapon, previous relevant convictions, location, vulnerability of victims, and whether the article is a prohibited weapon.
See Also
- Bladed articles
- Folding pocket knife
- Prevention of Crime Act 1953
- Criminal Justice Act 1988
- Offensive Weapons Act 2019
- Self-defence in English law
- Reasonable force
References
Discussion log
Use comments for sourcing notes, corrections, and disputed details.
No comments yet.