Possession of Offensive Weapon in a Public Place (Section 1 Prevention of Crime Act 1953)

Possession of Offensive Weapon in a Public Place is an offence under s.1 Prevention of Crime Act 1953. Any person who without lawful authority or reasonable excuse, the proof of which lies on him, has with him in any public place any offensive weapon is guilty of an offence (s.1(1)). "Offensive weapon" means any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person, and "public place" includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise (s.1(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding four years or a fine, or both; on summary conviction, imprisonment for a term not exceeding six months or a fine, or both (s.1(1)(a) and (b)). On conviction the court may order the forfeiture or disposal of the weapon (s.1(2)), and s.1(2ZA) points to section 315 of the Sentencing Code for the sentence a court may be required to impose where a person aged 16 or over who has a previous relevant conviction is convicted under the section.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).