Possession of an offensive weapon in a public place

Published by a ��˾��ҹ�� Corporate Crime expert

Practice notes

Possession of an offensive weapon in a public place

Published by a ��˾��ҹ�� Corporate Crime expert

Practice notes

The offence of Possession of an offensive weapon in a public place

It is an offence under section 1 of the Prevention of Crime ACT 1953 (PCA 1953) to Carry in public an offensive weapon without lawful authority or reasonable excuse. This can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction in those cases where it appears that its powers of sentencing are insufficient.

Elements of the offence

In order to be convicted for an offence under PCA 1953, s 1, the prosecution must prove that the accused:

•
has with them
•
in a public place
•
an offensive weapon
•
without lawful authority or reasonable excuse

Has with them

The prosecution must prove that the accused had possession of the item. However, the words 'has with them' mean more than mere possession or control of an item. The courts have held that the words mean 'knowingly has with them'. This means the prosecution must prove that the accused had actual

Jurisdiction(s):

United Kingdom

Key definition:

Possession definition

What does Possession mean?

Possession in a construction context refers to having responsibility for/bearing the risk in the works. The contractor will usually have exclusive possession whilst it is carrying out the works—then at completion'>practical completion the employer takes back possession (and therefore takes on responsibility for insurance).

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