Criminal Defence
Knife Crime & Weapon Offences
Knife and Other Weapon Offences – The Law
This page provides an overview of the main criminal offences involving knives, offensive weapons and corrosive substances, including how they are defined in law and the potential penalties if convicted.
Summary Only Offences
Magistrates' Court Only
These offences are triable only in the magistrates’ court and generally carry a maximum penalty of six months’ imprisonment. The statutory time limit in section 127 Magistrates’ Courts Act 1980 applies to most of these offences, meaning proceedings must usually be commenced within six months of the date of the alleged offence.
Most summary-only weapon offences relate to the sale, delivery or possession of certain types of weapon in limited circumstances.
Possession of Dangerous Knives
Section 1(1A) Restriction of Offensive Weapons Act 1959
This offence is committed where a person has with them a flick knife or a gravity knife.
A defence applies where the person possesses the item as the operator of, or acting on behalf of, a museum or gallery.
Possession of Prohibited Offensive Weapons in Private
Section 141(1A) Criminal Justice Act 1988
This offence is committed where a person possesses a prohibited offensive weapon in a private place. Prohibited weapons are listed in the Criminal Justice Act (Offensive Weapons) Order 1988.
There are specific statutory defences, including possession for legitimate employment or museum collection purposes.
Sale of Knives and Certain Bladed Articles to a Person Under 18
Section 141A Criminal Justice Act 1988
This offence applies when a person sells to someone under 18 any knife, axe, blade, razor blade or other bladed article made or adapted for causing injury.
There is a defence where the seller can show that they took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Possession of a Crossbow (Under 18s)
Section 3 Crossbows Act 1987
This offence is committed when a person under 18, and not supervised by someone aged 21 or over, has with them a crossbow capable of discharging a missile or parts which can be assembled into one.
The maximum penalty is a level 3 fine.
Either-Way Offences
Magistrates' Court or Crown Court
These offences may be tried either in the magistrates’ court or the Crown Court. Maximum sentences range from 4 to 14 years’ imprisonment. They typically involve possession of weapons or knives, threats, or the manufacture and supply of prohibited weapons.
Possession of an Offensive Weapon in a Public Place
Section 1 Prevention of Crime Act 1953
This offence is committed when a person has with them in a public place any article that is made for causing injury, adapted for use in causing injury, or intended to be used to cause injury, without lawful authority or reasonable excuse.
Possession of a Bladed Article in a Public Place
Section 139 Criminal Justice Act 1988
This offence covers possessing any article with a blade or sharply pointed item in a public place without good reason or lawful authority.
Defences include possession for work purposes, religious reasons or as part of national costume.
Threatening with an Offensive Weapon in a Public Place
Section 1A Prevention of Crime Act 1953
This offence applies where a person unlawfully and intentionally threatens another with an offensive weapon in a public place in circumstances where a reasonable person would fear immediate physical harm.
Threatening with an Offensive Weapon, Bladed Article or Corrosive Substance in a Private Place
Section 52 Offensive Weapons Act 2019
This offence covers threats made in a private place involving an offensive weapon, a bladed article or a corrosive substance where there is an immediate risk of serious physical harm.
Sentencing Guidelines
Sentencing
The Sentencing Council provides guidelines for knife and weapon offences. Courts take into account:
- ▸ The type of weapon involved
- ▸ Whether it was used to threaten or cause injury
- ▸ The circumstances of the offence
- ▸ Any previous convictions
- ▸ The offender’s personal mitigation and steps taken towards rehabilitation
Judges must balance the seriousness of the offence with all relevant mitigation.
Mandatory Minimum Sentences
Section 315 Sentencing Act 2020
Section 315 Sentencing Act 2020 introduces mandatory minimum sentences for certain repeat weapon offences.
The court must apply the minimum sentence when:
- ▸ The offender is aged 16 or over at the time of the second offence
- ▸ The new offence is a second conviction for relevant knife or weapon offences
Relevant offences include:
- ▸ Possession of an offensive weapon
- ▸ Possession of a bladed article
- ▸ Possession of these items on school or educational premises
- ▸ Possession of a corrosive substance in public
The minimum custodial sentence is:
- ▸ At least six months’ imprisonment for adults
- ▸ At least a four-month Detention and Training Order for 16–17-year-olds
The court must impose this sentence unless there are exceptional circumstances relating to the offence or the offender.
Reference Guide
Definitions of Knives, Weapons and Corrosive Products
Balisong aka 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.
Baton
A straight, side-handled or friction-lock truncheon (sometimes known as a baton).
Belt buckle knife
A buckle which incorporates or conceals a knife.
Blowpipe or blow gun
A hollow tube out of which hard pellets or darts are shot by the use of breath.
Crossbow
Crossbow is defined as a draw weight of not less than 1.4kg.
Curved blade sword
A sword with a curved blade of 50 centimetres or over in length. (The length of the blade shall the straight line distance from the top of the handle to the tip of the blade).
Corrosive product
A corrosive product is defined in Schedule 1 OWA 2019. A corrosive substance is one capable of burning human skin by corrosion. Most household cleaning products would not be captured e.g. household bleach or liquids e.g. vinegar. It would capture strong drain cleaners and unblockers, brick and patio cleaners, paint strippers and industrial cleaning agents. There may be a lawful authority or reasonable excuse for having some of these items for example, during their business or employment. The onus is on the defendant to prove that a lawful authority or reasonable excuse exists on the balance of probabilities.
Expert Legal Defence
If you are facing charges related to knife or weapon offences, having the right legal representation is critical. We provide expert defence at every stage.
Cyclone knife also known as Spiral knife
A blade with a handle, a sharp point at the end and one or more cutting edges that each form a helix.
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).
Flick knife
A flick knife must have a blade which opens automatically from the closed position to the fully open position or from a partially open position to a fully open position by manual pressure applied to a button, spring, or other device in or attached to the knife.
Footclaw
A bar of metal or other hard material from which a number of sharp spikes protrude and worn strapped to the foot.
Gravity knife
A gravity knife has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device.
Handclaw
A band of metal or other hard material from which a number of sharp spikes protrude and is worn around the hand.
Hollow Kubotan
A cylindrical container containing a number of sharp spikes.
Knuckleduster
A metal weapon that is worn over the knuckles and is intended to increase the injuries caused when hitting a person.
Kusari Gama
A length of rope, cord, wire, or chain fastened at one end to a sickle.
Kyoketsu Shoge
A length of rope, cord, wire, or chain fastened at one end to a hooked knife.
Manrikigusari also known as Kusari
A length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip.
Ninja sword
A sword with a blade whose length is at least 14 inches, but no more than 24 inches (the length of the blade being the straight-line distance from the top of the handle to the tip of the blade), a primary straight cutting edge, a secondary straight cutting edge, a blunt spine (i.e., if it is not adapted to cutting), and either a tanto style point or a reversed tanto style point. This is a prohibited offensive weapon as of 1 August 2025 by virtue of the Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025.
Offensive weapon
In R v Simpson (C) 78 CAR 115 the court identified 3 categories of offensive weapon:
- ▸ offensive per se, i.e. those made for the use of causing an injury to the person. For example, a truncheon, rice flail or butterfly knife
- ▸ adapted for use, for example, a bottle deliberately broken
- ▸ intended by a person having it with them for use for causing injury to another person.
Push dagger
A knife, the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers.
Expert Legal Defence
If you are facing charges related to knife or weapon offences, having the right legal representation is critical. We provide expert defence at every stage.
Shuriken also known as a Shaken or Death Star
A hard non-flexible plate having three or more sharp radiating points and designed to be thrown.
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.
Swordstick
A hollow walking stick or cane containing a blade which may be used as a sword.
Telescopic truncheon
A truncheon which extends automatically by hand pressure applied to a button, spring, or other device in or attached to its handle.
Zombie knife also known as Zombie killer knife or Zombie slayer knife
A type of ornate knife or bladed weapon. These knives can range in size and shape but are commonly defined as having a cutting edge, 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.
Zombie-style knife or Zombie-style machete
A type of bladed article defined as having a plain cutting edge, a sharp pointed end and a blade over 8 inches in length, (the length of the blade being the straight-line distance from the top of the handle to the tip of the blade).
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