Possessing an offensive weapon in a public place is an offence contrary to s 1 of the Prevention of Crime Act 1953.
To satisfy the charge, the prosecution must prove each of the following elements:
has with him (possession); in any public place; any offensive weapon.
Having established all of the above, the charge would succeed, unless the accused proves that he had either:
lawful authority; or reasonable excuse.
What is an offensive weapon?
The term ‘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.’
To be considered an offensive weapon, the article must come within one of the following three categories:
1. An offensive weapon per se
The following have been held to be offensive weapons per se because they do not have any innocent quality: machete, sword, flick knife, truncheon. However, a lock knife, ordinary razor or a penknife have been held not to be offensive weapons per se, because they do have an innocent purpose.
2. Something adapted to cause injury
This could include a bottle that has been deliberately broken, a potato with a razor blade inserted into it, or an unscrewed pool cue.
3. Something that is not offensive per se, or adapted, but is intended to be used for the purpose of causing injury
For example, a work hammer or a stone etc.