A Brief Guide to Offensive Weapons in Private Places

A person cannot, as a general rule, possess an offensive weapon in a public place, but less well known is the fact that some weapons are even prohibited in private places.

Today I'll be taking a brief look at the legislation pertaining to certain offensive weapons in private places. These weapons, which are defined below, are particularly dangerous. They have the sole purpose of inflicting death or very serious injuries on another person.

It's worth noting that some items that would be considered offensive weapons in a public place, are not deemed as such in a private place. That being the case you don't need to hide all the knives currently residing in your kitchen drawer!

The relevant legislation is section 141 of the Criminal Justice Act 1988, as amended by section 46 of the Offensive Weapons Act 2019.

This legislation applies across the whole of the United Kingdom and Northern Ireland, but there is a slight variation between the jurisdictions.

Definition of an offensive weapon

For the purposes of section 141 of the 1988 Act, an offensive weapon is one which is described in the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988. 

These are:

(a) a knuckleduster, that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;

(b) a swordstick, that is, a hollow walking-stick or cane containing a blade which may be used as a sword;

(c) the weapon sometimes known as a "handclaw", being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;

(d) the weapon sometimes known as a "belt buckle knife", being a buckle which incorporates or conceals a knife;

(e) the weapon sometimes known as a "push dagger", being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;

(f) the weapon sometimes known as a "hollow kubotan", being a cylindrical container containing a number of sharp spikes;

(g) the weapon sometimes known as a "footclaw", being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;

(h) the weapon sometimes known as a "shuriken", "shaken" or "death star", being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown;

(i) the weapon sometimes known as a "balisong" or "butterfly knife", being 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;

(j) the weapon sometimes known as a "telescopic truncheon", being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;

(k) the weapon sometimes known as a "blowpipe" or "blow gun", being a hollow tube out of which hard pellets or darts are shot by the use of breath;

(l) the weapon sometimes known as a "kusari gama", being a length of rope, cord, wire or chain fastened at one end to a sickle;

(m) the weapon sometimes known as a "kyoketsu shoge", being a length of rope, cord, wire or chain fastened at one end to a hooked knife;

(n) the weapon sometimes known as a "manrikigusari" or "kusari", being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip;

(o) a disguised knife, that is 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);

(p) a stealth knife, that is 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;

(q) a straight, side-handled or friction-lock truncheon (sometimes known as a baton);

(r) a sword with a curved blade of 50 centimetres or over in length; and for the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade;

(s) the weapon sometimes known as a "zombie knife", "zombie killer knife" or "zombie slayer knife", being a blade with:

(i) a cutting edge;

(ii) a serrated edge; and

(iii) images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence.

(t) the weapon sometimes known as a “cyclone knife” or “spiral knife” being a weapon with:

(i) a handle;

(ii) a blade with two or more cutting edges, each of which forms a helix; and

(iii) a sharp point at the end of each blade.

Manufacture, sale and exchange of offensive weapons

In accordance with subsection 141(1) of the Act, a person is guilty of an offence if they manufacture or make an offensive weapon available to another person by selling, hiring, lending or otherwise exchanging it.

The maximum penalty, in England and Wales, for an offence under this subsection is 6 months' custody and/or an unlimited fine on summary conviction; 4 years' custody and/or an unlimited fine on conviction on indictment. 

Possession of offensive weapons in a private place

In accordance with subsection 141(1A) of the Act, a person is guilty of an offence if they have an offensive weapon in their possession in a private place.

The maximum penalty, in England and Wales, for an offence under this subsection is 6 months' custody and/or an unlimited fine.

Subsection 141(1C), applicable to England and Wales, defines a private place as somewhere other than a public place, school premises, further education premises or prison.

Statutory defences

Section 141 lists a number of statutory defences to an offence under subsection 141(1A), including:

• Where possession of the weapon is for the purposes of functions carried out on behalf of the Crown or of a visiting force;
• That the weapon is one of historical importance;
• Where possession of the weapon is only for the purposes of making the weapon available to a museum or gallery;
• Where possession of the weapon is by a person acting in the course of their employment or association with a museum or gallery;
• Where possession of the weapon is for an educational purpose;
• Where possession is for the purpose of theatrical performances, production of films or production of television programmes.