There are two main offences; possession of a bladed article and possession of an offensive weapon.
What is an offensive weapon?
According to Section One of the Prevention of Crime Act 1953, an offensive weapon is defined as:
“Any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use.”
Under UK law, offensive weapons are categorized into three groups:
- Items manufactured with the purpose of inflicting harm or injury on another person, including various types of knives, truncheons and nun chucks.
- Objects modified or altered from their original form for the purpose of causing harm, such as a snooker ball in a sock or smashing a bottle to make the broken end into a weapon.
- Objects that are not specifically made or adapted to cause harm or injury to another individual, like a baseball bat or a pair of scissors.
If an individual is discovered in possession of an offensive weapon classified under the first two categories, the prosecution is not obligated to demonstrate that the defendant intended to utilize the weapon for causing harm or injury.
However, to establish the third category, the prosecution must provide evidence of an intention to cause actual injury. Mere intimidation or scare tactics are insufficient; the prosecution must establish an intent to inflict physical harm. Therefore, simply brandishing an item would not be considered adequate evidence in itself.
What are bladed articles?
A bladed article encompasses any item that possesses a blade or a sharp point, excluding a folding pocketknife with a cutting edge of less than 3 inches. This definition encompasses items like kitchen knives, Stanley knives, or work knives. Possessing a knife in public without a valid reason or lawful authorisation is considered an offence.
The criteria for what constitutes a valid reason are quite restricted. Requiring it for employment purposes while traveling to or from work, may qualify as a valid reasons. Another example would be, having just purchased the knife from a store transporting it directly home.
Carrying a knife for self-defence is highly unlikely to be deemed a valid reason, unless there is an immediate threat and no other recourse is available. Simply residing in a dangerous area and carrying a knife for protection does not constitute a valid reason.
Being in possession of a bladed article includes having it in your vehicle, in a bag you are carrying, or in any other location where it is under your control.
