Serious violence, knives and weapons
Facing Allegations of Serious Violence & Assault Offences
Being accused of a serious violent or assault offence can have life-changing consequences, from long prison sentences to lasting damage to your reputation, career, and personal relationships.
At MC Solicitors, we specialise in defending clients against complex allegations of violence and assault. Whether you’ve been arrested, charged, or invited to a voluntary police interview, early legal representation is essential. We act quickly to safeguard your rights, challenge the prosecution’s evidence, and build a strong defence strategy.
Murder
Offence
Where a person of sound mind and discretion unlawfully kills any reasonable creature in being and under the King’s peace, with intent to kill or cause grievous bodily harm.
Common Law
Points to Prove
- Unlawfully killed a human being
- with the intent to kill or cause grievous bodily harm
Meanings
Sound mind and discretion
Every person of the age of discretion is presumed to be sane and accountable for their actions unless proved otherwise. This means anyone who is not insane or anyone over 10 years old.
Unlawfully
Without lawful authority, legal justification, or excuse.
Kills
This is the act which is the substantial cause of death.
Reasonable creature in being
Any human being, including a baby born alive having an independent existence from its mother.
Under the King’s peace
This excludes killings committed in the course of war.
Intent
An intention to kill or to cause grievous bodily harm.
Cause/Causation
If there is an intervening factor between the defendant’s actions and the death of the victim, the jury will have to consider whether the defendant’s act contributed significantly to the death.
Grievous bodily harm
Serious or really serious harm.
Defences to Murder
Insanity
See the meaning of ‘sound mind and discretion’ above.
Lawful killing
Means with lawful authority; legal justification or excuse, including self-defence.
At war
This is self-explanatory, not being under the ‘King’s peace’.
Specific Defences
Loss of control
Where a person (‘D’) kills or is a party to the killing of another (‘V’), D is not to be convicted of murder if—
(a) D’s acts and omissions in doing or being a party to the killing resulted from D’s loss of self-control,
(b) the loss of self-control had a qualifying trigger, and
(c) a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
Coroners and Justice Act 2009, s 54(1)
Diminished responsibility
(1) A person (‘D’) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—
(a) arose from a recognised medical condition,
(b) substantially impaired D’s ability to do one or more of the things mentioned in subsection (1A), and
(c) provides an explanation for D’s acts and omissions in doing or being a party to the killing.
(1A) Those things are— (a) to understand the nature of D’s conduct; (b) to form a rational judgment; (c) to exercise self-control.
Homicide Act 1957, s 2
Suicide pact
Means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.
Homicide Act 1957, s 4(3)
Allocation and Punishment
MurderCrown Court only
Maximum – Life imprisonment
Manslaughter
Offence
Manslaughter is the unlawful killing of another human being which can either be a voluntary or involuntary manslaughter offence.
Common Law
Points to Prove
- Unlawful act or gross negligence
- Killed a human being
Meanings
Unlawful killing
Without lawful authority, legal justification, or excuse is the substantial cause of death.
Voluntary manslaughter
When a murder charge is reduced to voluntary manslaughter by reason of one of the specific defences to murder (see above).
Involuntary manslaughter
An unlawful killing without an intention to kill or cause grievous bodily harm. Apart from the required intent, the elements of the offence are the same as for murder.
Manslaughter can be caused by:
- Unlawful act (not omission): the unlawful act must be unlawful in itself (another criminal offence such as assault or threaten to kill) and must involve a risk that someone would be harmed by it;
- Gross negligence (involving breach of duty): gross negligence manslaughter requires a breach of a duty of care owed by the defendant to the victim under circumstances where the defendants conduct was serious enough to amount to a crime.
Allocation and Punishment
ManslaughterCrown Court only
Maximum – Life imprisonment
Attempted murder
Section 1(1) Criminal Attempts Act 1981
While murder can be committed where a victim is killed by a suspect who intends to kill them or cause GBH, attempted murder can only be committed where a suspect intended to kill the victim but the victim did not die (section 1(1) Criminal Attempts Act 1981).
Other offences under the Offences Against the Person Act 1861:
- spiking, i.e. using a drug with a view to raping someone: section 22 administering any stupefying or overpowering drug with intent to commit an indictable offence (with potential alternative offences under section 23 or 24 depending on the evidence of intention)
- potting, i.e. throwing faeces or urine at a person: section 24 administering any poison or destructive or noxious thing with intent to injure, aggrieve or annoy a person
- acid attacks i.e. throwing acid at a person to injure them: section 29 casting or throwing a corrosive fluid or destructive or explosive substance with intent to do grievous bodily harm.
Death or Serious Physical Harm to a Child or Vulnerable Adult
Section 5 of the Domestic Violence, Crime and Victims Act 2004 creates the offence by means of an unlawful act.
Offences
A person (‘D’) is guilty of an offence if—
(a) a child or vulnerable adult (‘V’) dies or suffers serious physical harm as a result of the unlawful act of a person who— (i) was a member of the same household as V, and (ii) had frequent contact with him,
(b) D was such a person at the time of that act,
(c) at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and
(d) either D was the person whose act caused the death or serious physical harm or— (i) D was, or ought to have been, aware of the risk mentioned in paragraph (c), (ii) D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and (iii) the act occurred in circumstances of the kind that D foresaw or ought to have foreseen.
Domestic Violence, Crime and Victims Act 2004, s 5(1)
Points to Prove
- being a member of the same household and having had frequent contact with a person who was at that time a child/vulnerable adult
- caused that person’s death OR
- caused that person to suffer serious physical harm OR
- was, or ought to have been, aware that there was a significant risk of serious physical harm being caused to that person
- by the unlawful act of a member of their household
- which occurred in circumstances of the kind that the defendant foresaw or ought to have foreseen and
- the defendant failed to take such steps as they could reasonably have been expected to take to protect them from that risk
Meanings
Child
Means a person under the age of 16 years.
Vulnerable adult
Means a person aged 16 or over whose ability to protect themselves from violence, abuse, or neglect is significantly impaired through physical or mental disability or illness, through old age, or otherwise. This includes a temporary vulnerability as well as one which is permanent.
Act
This includes a course of conduct and includes omission.
Member of the same household
This includes people who do not live in that household, providing they visit often and for such periods of time that they are regarded as a member of it.
Serious physical harm
Means grievous bodily harm for the purposes of the Offences Against the Persons Act 1861.
Allocation and Punishment
Death or Serious Physical Harm to a Child or Vulnerable AdultCrown Court only
Causing/allowing death: Life imprisonment and/or fine
Causing/allowing serious physical harm: 14 years’ imprisonment and/or fine
Wounding/causing grievous bodily harm with intent GBH
This offence (section 18 OAPA 1861) can only be committed where GBH (or wounding) is intended. Evidence of intention may come from different sources for example:
- selection and use of a particular weapon
- severity or duration of attack
- making prior threats or planning a serious attack
- relevant admissions in interview
Unlawful wounding/inflicting grievous bodily harm (GBH)
Section 20 OAPA 1861 – maximum 5 years’ imprisonment
GBH means really serious harm. The harm does not have to be either permanent or dangerous: Golding [2014] EWCA Crim 889. Proof of wounding requires a break in the continuity of the skin. The distinction between a section 18 and section 20 GBH is the mens rea of the offence. Were the actions reckless or intentional.
For a section 20 GBH the suspect must intend, or foresee, that the act might cause some harm: R v Savage; DPP v Parmenter [1992] 1 AC 699..
Kidnap
Is a common law offence.
Offences
The taking or carrying away of one person by another, by force or fraud, without the consent of the person so taken or carried away, and without lawful excuse.
Common law
Points to Prove
- without lawful excuse
- by force/fraud
- took/carried away
- another person
- without their consent
Meanings
Fraud
Means deceit, guile, or trick.
Defences
Consent or lawful excuse.
Allocation and Punishment
KidnapCrown Court only
Maximum – Life imprisonment and/or fine
False Imprisonment
False imprisonment is an offence at common law.
Offences
The unlawful and total restraint of the personal liberty of another, whether by constraining them or compelling them to go to a particular place or by confining them in a prison or police station or private place or by detaining them against their will in a public place.
Points to Prove
- imprisoned, detained, or arrested
- another person
- against their will
- unlawfully
Defences
That the taking or detaining was in the course of a lawful arrest or detention under PACE or acting under another statutory or common law power.
There are occasions whereby there is a lawful defence to allow the deprivation of liberty:
- Lawful Arrest or Detention authorised by statute or warrant.
- Consent if the individual voluntarily agreed to the confinement.
- Citizen’s Arrest permissible in circumstances under the Criminal Law Act 1967.
- Necessity to prevent harm, including in medical emergencies and detention sanctioned under the Mental Health Act 1983 or safeguarding regulations.
- A parent detaining a child for purposes of reasonable parental discipline.
Meanings
Imprisoned, detained or arrested
The claimant must be completely restrained; obstruction or inconvenience is insufficient to prove the offence of false imprisonment.
Unlawful
The detention must be unlawful, if there is a statutory power of arrest then false imprisonment is not made out. The point to prove is if there was a lawful justification at the time of the restraint.
Intention or Recklessness
Malicious intent is not a necessary point to prove for the commission of the offence, however, the act must be intentional or committed with reckless disregard. Proof is not required to establish if the defendant knew the imprisonment was unlawful.
Awareness of Detention
The complainant does not need to have been consciously aware of the infringement, underpinning the principle that an individuals’ liberty is protected.
Allocation and Punishment
False ImprisonmentCrown Court only
Maximum – Life imprisonment and/or fine
Making a threat to kill
Section 16 OAPA 1861 – maximum ten years’ imprisonment
This offence requires proof that the suspect intended that the victim would fear that the threat to kill would be carried out.
It is important that the suspect intended the person to whom the threat was made (not who it concerned) to fear it would be carried out.
Strangulation and suffocation
Section 75A Serious Crime Act 2015 – maximum 5 years’ imprisonment
Strangulation (section 75A Serious Crime Act 2015) is the obstruction or compression of blood vessels and/or airways by external pressure to the neck. Suffocation is the depriving of a person of air which affects their normal breathing. This definition is wider than that of strangulation which requires pressure to the neck.
Assault occasioning actual bodily harm (ABH)
Section 47 OAPA 1861 – maximum 5 years’ imprisonment
This offence (section 47 OAPA 1861) is committed when a person intentionally or recklessly assaults another, thereby causing actual bodily harm (ABH). Harm need not be permanent but must be more than transient and trifling: R v Donovan;[1934] 2 KB 498. This definition was cited with approval in R v Brown [1994] 1 AC 212 which confirmed that consent may be a defence to battery but not to the infliction of any more serious harm (ABH or GBH), absent good reason for a recognised exception. Psychological injury not amounting to a recognisable psychiatric illness does not fall within bodily harm. Psychiatric injury should be supported by medical evidence: R v D [2006] EWCA Crim 1139 and R v Chan-Fook;[1993] EWCA Crim 1.
Child Abduction
The Child Abduction Act 1984 covers two offences of child abduction the first regards a person connected to the child (parent/guardian) whilst Section 2 of the Act is committed by any other persons.
Offences
Subject to subsections (5) and (8) below, a person connected with a child under the age of 16 commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent.
Child Abduction Act 1984, s 1(1)
Points to Prove
- being a parent/person connected with
- a child under 16 years of age
- took/sent that child
- out of the United Kingdom
- without the appropriate consent
Meanings
Person connected (s 1(2))
A person connected with a child for the purposes of this section is:
- (a) a parent of the child; or
- (b) in the case of a child whose parents were not married to each other at the time of birth, there are reasonable grounds for believing that he is the father of the child; or
- (c) the guardian of the child; or
- (ca) a special guardian of the child; or
- (d) a person named in a child arrangements order as a person with whom the child is to live; or
- (e) has custody of the child.
Takes
A person is regarded as taking a child if they cause or induce the child to accompany them, or any other person, or causes the child to be taken.
Sends
A person is regarded as sending a child if they cause the child to be sent.
Appropriate consent (s 1(3))
(a) This means the consent of each of the following:
- (i) the child’s mother;
- (ii) the child’s father, if he has parental responsibility for him;
- (iii) any guardian of the child;
- (iiia) any special guardian of the child;
- (iv) any person named in a child arrangements order as a person with whom the child is to live;
- (v) any person who has custody of the child; or
- (b) the leave of the court granted under or by virtue of any provision of Part 2 of the Children Act 1989; or
- (c) if any person has custody of the child, the leave of the court which awarded custody to him.
Defences
(4) A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—
(a) he is a person named in a child arrangements order as a person with whom the child is to live, and he takes or sends the child out of the United Kingdom for a period of less than one month; or
(b) he is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months.
(4a) Subsection (4) above does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part 2 of the Children Act 1989.
(5) A person does not commit an offence under this section by doing anything without the consent of another person whose consent is required under the forgoing provisions if—
(a) he does it in the belief that the other person— (i) has consented; or (ii) would consent if he was aware of all the relevant circumstances; or
(b) he has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or
(c) the other person has unreasonably refused to consent.
(5A) Subsection (5)(c) above does not apply if—
(a) the person who refused to consent is a person— (i) named in a child arrangements order as a person with whom the child is to live; or (ia) who is a special guardian of the child; or (iii) who has custody of the child; or
(b) the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.
(8) This section shall have effect subject to the provisions of the Schedule to this Act in relation to a child who is in the care of a local authority detained in a place of safety, remanded otherwise than on bail or the subject of proceedings or an order relating to adoption.
Child Abduction Act 1984, s 1
Allocation and Punishment
Child Abduction (s1)Magistrates’ Court: 6/12 months’ imprisonment and/or fine
Crown Court: 7 years’ imprisonment
Abduction of Child by Another Person
This is an offence in relation to the taking or detaining of a child where the offender is not connected with that child.
Offences
Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below, commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of 16—
(a) so as to remove him from the lawful control of any person having lawful control of the child; or
(b) so as to keep him out of the lawful control of any person entitled to lawful control of the child.
Child Abduction Act 1984, s 2(1)
Points to Prove
- without lawful authority/reasonable excuse
- detained or took
- a child under 16 years of age
- so as to remove/keep them
- from/out of the lawful control
- of a person having/entitled to lawful control
- of that child
Meanings
Detains
A person is regarded as detaining a child if they cause the child to be detained or induce the child to remain with them or any other person.
Remove from lawful control
This can be satisfied if the child is induced to take some action that they would not normally have done (R v Leather [1993] 1 WLUK 699).
Explanatory notes
• The offence is subject to a statutory defence of consent (s 2(3)—below).
• This offence does not apply to persons listed in s 2(2) namely: the child’s father and mother—being married to each other, or civil partners, at the time of the birth; the child’s mother—where the father was not married to, or civil partners with, her at the time of the birth; any other person mentioned in s 1(2)(c) to (e) above.
Defences
It shall be a defence for that person to prove—
(a) where the father and mother of the child in question were not married to, or civil partners of, each other at the time of his birth— (i) that he is the child’s father (ii) that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father, or
(b) that, at the time of the alleged offence, he believed that the child had attained the age of 16 years.
Child Abduction Act 1984, s 2(3)
Allocation and Punishment
Abduction of Child by Another Person (s2)Magistrates’ Court: 6/12 months’ imprisonment and/or a fine
Crown Court: 7 years’ imprisonment
Ill-treatment or neglect
Section 127 Mental Health Act 1983, section 44 Mental Capacity Act 2005, sections 20 to 25 Criminal Justice and Courts Act 2015 – maximum 5 years’ imprisonment
These offences address ill-treatment and neglect of victims who are receiving treatment for mental disorders, those who lack mental capacity and those being cared for who have mental capacity respectively.
Assault with intent to resist arrest
Section 38 OAPA 1861 – maximum 2 years’ imprisonment
This offence (section 38 OAPA 1861) is committed when a person assaults another person with intent to resist arrest or prevent the lawful apprehension/detention of themselves or another for any offence. This may be used for assaults on persons other than police officers, for example store detectives, who may be trying to apprehend or detain a suspect.
Assaulting a constable in the execution of their duty
Assaulting a constable in the execution of their duty (section 89 Police Act 1996) involves a common assault or battery committed against a police officer or person assisting a police officer acting in the execution of their duty.
section 8 Prisons Act 1952 (“every prison officer while acting as such shall have all the powers, authority, protection and privileges of a constable”) this offence applies to prison officers as well.
Similar offences apply to private sector prison officers (section 90 Criminal Justice Act 1991), secure training centre custody officers (section 13 Criminal Justice and Public Order Act 1994) and immigration officers (section 22 UK Borders Act 2007).
Battery / common assault
Section 39 Criminal Justice Act 1988 (CJA 1988)
Common assault is an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. Battery is committed by the intentional or reckless application of unlawful force to another person.
Consent is a defence to battery (see Brown, below). Reasonable punishment is a common law defence to battery in England, confined to battery by section 58 Children Act 2004.
Determining the Level of Injury
Determining the level of injury
Examples where the injury is most likely to amount to common assault or battery include:
- grazes
- scratching
- abrasions
- minor bruising
- swelling
- reddening of the skin
- superficial cuts
Examples where the injury is most likely to amount to ABH as it is more than transient or trifling include:
- damaged teeth or bones
- extensive or severe bruising
- cuts requiring suturing
- loss of consciousness
Examples where the injury is most likely to amount to GBH:
- life changing injuries
- significant or sustained medical treatment is required (for instance, intensive care or a blood transfusion) even if full or relatively full recovery follows.
Summary Only Offences
Magistrates’ Court Only
These offences carry a maximum penalty of six months’ imprisonment.
The statutory time limit in section 127 Magistrates’ Courts Act 1980 will apply: proceedings must be commenced within 6 months of the date the offence was committed. Note the exception for domestic abuse battery.
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
Maximum 4 Years
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
Maximum 4 Years
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
Maximum 4 Years
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
Maximum 4 Years
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.
Definitions of Knives, Weapons and Corrosive Products
Balisong aka butterfly knifeA 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.
Criminal Justice Act (Offensive Weapons) Order 1988
BatonA straight, side-handled or friction-lock truncheon (sometimes known as a baton).
Criminal Justice Act (Offensive Weapons) Order 1988
Belt buckle knifeA buckle which incorporates or conceals a knife.
Criminal Justice Act (Offensive Weapons) Order 1988
Blowpipe or blow gunA hollow tube out of which hard pellets or darts are shot by the use of breath.
Criminal Justice Act (Offensive Weapons) Order 1988
CrossbowCrossbow is defined as a draw weight of not less than 1.4kg.
Curved blade swordA sword with a curved blade of 50 centimetres or over in length. (The length of the blade shall be the straight line distance from the top of the handle to the tip of the blade).
Criminal Justice Act (Offensive Weapons) Order 1988
Corrosive productA 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.
Schedule 1 OWA 2019
Cyclone knife also known as Spiral knifeA blade with a handle, a sharp point at the end and one or more cutting edges that each form a helix.
Criminal Justice Act (Offensive Weapons) Order 1988
Disguised knifeAny 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).
Criminal Justice Act (Offensive Weapons) Order 1988
Flick knifeA 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.
Section 1 Restriction of Offensive Weapons Act 1959
FootclawA bar of metal or other hard material from which a number of sharp spikes protrude and worn strapped to the foot.
Criminal Justice Act (Offensive Weapons) Order 1988
Gravity knifeA 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.
Section 1 Restriction of Offensive Weapons Act 1959
HandclawA band of metal or other hard material from which a number of sharp spikes protrude and is worn around the hand.
Criminal Justice Act (Offensive Weapons) Order 1988
Hollow KubotanA cylindrical container containing a number of sharp spikes.
Criminal Justice Act (Offensive Weapons) Order 1988
KnuckledusterA metal weapon that is worn over the knuckles and is intended to increase the injuries caused when hitting a person.
Criminal Justice Act (Offensive Weapons) Order 1988
Kusari GamaA length of rope, cord, wire, or chain fastened at one end to a sickle.
Criminal Justice Act (Offensive Weapons) Order 1988
Kyoketsu ShogeA length of rope, cord, wire, or chain fastened at one end to a hooked knife.
Criminal Justice Act (Offensive Weapons) Order 1988
Manrikigusari also known as KusariA length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip.
Criminal Justice Act (Offensive Weapons) Order 1988
Ninja swordA 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.
Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025
Offensive weaponIn 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 daggerA knife, the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers.
Criminal Justice Act (Offensive Weapons) Order 1988
Shuriken also known as a Shaken or Death StarA hard non-flexible plate having three or more sharp radiating points and designed to be thrown.
Stealth knifeA 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.
Criminal Justice Act (Offensive Weapons) Order 1988
SwordstickA hollow walking stick or cane containing a blade which may be used as a sword.
Criminal Justice Act (Offensive Weapons) Order 1988
Telescopic truncheonA truncheon which extends automatically by hand pressure applied to a button, spring, or other device in or attached to its handle.
Criminal Justice Act (Offensive Weapons) Order 1988
Zombie knife also known as Zombie killer knife or Zombie slayer knifeA 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.
Criminal Justice Act (Offensive Weapons) Order 1988
Zombie-style knife or Zombie-style macheteA 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).
Criminal Justice Act (Offensive Weapons) Order 1988
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.
Common examples of knife and weapon allegations include:
- Possession of an offensive weapon in a public place
- Possession of a bladed article in public
- Possession of a prohibited weapon in private (for example knuckledusters, zombie knives or certain types of swords)
- Using or threatening someone with a knife, weapon or corrosive substance
- Selling or supplying knives or certain bladed articles to someone under 18
Many people facing these allegations did not realise the item they had was classed as a “prohibited weapon”, or believed they had a good reason to carry it – for work, for religious purposes, or as part of a collection. In other cases, the prosecution may allege that an everyday item was intended to be used as a weapon.
At MC Solicitors, we:
Carefully examine whether the item is actually prohibited under the law
- Explore whether you had lawful authority, a reasonable excuse or a good reason for having it
- Challenge any suggestion that you were using the item to threaten or cause harm
- Work to avoid a conviction where possible, or reduce the sentence and minimise long-term consequences
If you or a family member is under investigation or has been charged with a knife or weapon offence, early legal advice is crucial. We are experienced in dealing with these cases and will guide you through every stage of the process, from police interview to court proceedings – because you matter.
Why Choose MC Solicitors?
Choosing the right solicitor can make all the difference to your future. Here’s why clients trust us:
Specialist expertise – Decades of experience defending against sexual offence allegations
Discreet and sensitive support – Complete confidentiality at all times
Proactive defence strategies – We act quickly to protect your reputation and challenge evidence
Proven results – A strong history of achieving charge withdrawals, acquittals, and reduced sentences
We combine legal expertise with genuine care and understanding, helping you navigate this challenging time.
The Legal Process: What to Expect
Being accused of serious violence or assault can be overwhelming, but knowing what lies ahead can make things less daunting.
1Police Interview
If you’re arrested or invited for a voluntary interview:
- Do not speak to the police without legal representation
- We will be present with you to ensure your rights are protected
- We’ll review the evidence, prepare you for questioning, and advise on the best approach
2Bail and Release
After interview, the police may:
- Release you without charge – No Further Action (NFA)
- Release you under investigation while they gather more evidence (RUI)
- Place you on bail with or without bail conditions
- Charge you formally and move the case to court
3Preparing Your Defence
If your case proceeds, we will:
- Analyse all evidence against you
- Gather witness statements and supporting material
- Work with leading Barristers and experts to strengthen your defence
- Keep you informed and supported at every stage
4Court Representation
Most serious violence and assault cases are heard in the Crown Court.
We provide robust, strategic defence throughout the proceedings. Mitigating factors are presented to reduce penalties if conviction cannot be avoided
FAQs
What’s the difference between common assault, ABH, and GBH?
- Common assault – causing fear of violence, sometimes without physical contact.
- ABH – assault resulting in minor to moderate injuries.
- GBH – causing serious injury, often with intent.
Can I go to prison for common assault?
Yes. While sentences are often fines or community orders, prison is possible depending on the circumstances.
Is self-defence a valid argument?
Yes. If reasonable force was used to protect yourself or others, self-defence may apply.
What is involuntary manslaughter?
Involuntary manslaughter arises where death occurs without intent to kill, for example through negligence or unlawful but unintended acts.
How do you defend violent crime charges?
We examine every detail — CCTV, witness statements, forensic evidence, and police procedure — to expose weaknesses in the prosecution’s case.
Serious Crime Defence · Proven Results in 2026
Two murder cases in 2026. No murder convictions.
Think Defence.
Think MC.
Your Defence. Our Fight. Because you matter.
Need legal advice? Speak to us before you speak to the police.