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SQ338: What is the definition of an offensive weapon?

Answer

The definition of an offensive weapon is any article made or adapted for use for causing injury to a person or intended by the person having it with him for such use by him, or by some other person. (N.B. this definition includes a disguised knife).

It is an offence for any person who without lawful authority or reasonable excuse has with him in any public place any offensive weapon.

Where a particular knife is not deemed to be an offensive weapon, be aware that there is also a specific offence of having a bladed article in a public place. Please see SQ337 for further information.

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Answer

It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less. Please note that the term ‘cutting edge’ is not limited to an area of the blade that has a textured or serrated edge. The courts have held that the whole length of the side of the blade is to be included in the measurement.

A lock knife is not a folding pocket knife and therefore it is an offence to carry around such a knife regardless of the length of the blade. A lock knife has blades that can be locked and refolded only by pressing a button. A lock knife has a mechanism which locks the blade in position when fully extended; the blade cannot be closed without that mechanism being released. A lock knife is not an offensive weapon per se (because these knives were made with a specific purpose in mind and not as a weapon). However, possession of a lock knife in a public place without good reason is an offence.

Possession of a multi-tool incorporating a prohibited blade/pointed article is capable of being an offence under this section even if there are other tools on the instrument which may be of use to a person in a public place (screwdriver, can opener). It is for the person to prove on the balance of probabilities that he/she had good reason for possession.

The penalty for committing this offence is a minimum prison sentence of six months, maximum four years and/or a fine.

Be aware that some bladed articles may be deemed to be offensive weapons, for example, flick knives, daggers and butterfly knives. There is also an offence of carrying an offensive weapon in public without lawful authority or reasonable excuse. Please see SQ338 for further information.

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Answer

You can put the knives in your bin. It is advisable to ensure that they are packaged securely so as not to cause injury to any persons.

With the introduction of wheelie bins everything is done by machine so that likelihood of injury has been vastly reduced. However, it is still advisable to package the knives securely just in case.

All metal knives can be taken to your local waste disposal site where there will be a skip for scrap metal.

Knives can also be handed in at any Police Office.

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Answer

It is illegal to sell knives to anyone under the age of 18. (Note that in Scotland there is an exception allowing those that are 16 years old or over to buy kitchen knives.)

The general ban includes any knife, knife blade, razor blade or axe and includes any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.

There are a number of things you can do to ensure you and your staff are complying with the law and there is a useful home office leaflet. Use the link on the right side of this page to go look at the leaflet.

There is guidance with regards to legislation of the selling on Knives on the Scottish Government Website.

In addition, please also see the link regarding the voluntary agreement by retailers.

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Question

What is the definition of an offensive weapon?

Answer

The definition of an offensive weapon is any article made or adapted for use for causing injury to a person or intended by the person having it with him for such use by him, or by some other person. (N.B. this definition includes a disguised knife).

It is an offence for any person who without lawful authority or reasonable excuse has with him in any public place any offensive weapon.

Where a particular knife is not deemed to be an offensive weapon, be aware that there is also a specific offence of having a bladed article in a public place. Please see SQ337 for further information.
 
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