Experienced criminal litigation solicitors in Gateshead and Washington
Under the Offensive Weapons Act 2019 (the Act), it is an offence to have certain weapons or corrosive substances with you in a public place. The Act also makes it an offence to own a list of defined offensive weapons and to sell and deliver weapons and corrosive substances to those aged under 18.
The offences can result in serious sentences including imprisonment and an unlimited fine. If you are being investigated on suspicion of an Offensive Weapons Act offence, you should speak to a criminal defence solicitor without delay.
At John Donkin Solicitors, we can provide immediate representation, including at the police station and during an interview under caution. We will give you the advice you need to ensure that you do not inadvertently harm your defence and put together the strongest possible case on your behalf. Any interview under caution undertaken by the police permits free independent legal advice at the police station.
We hold the Law Society’s criminal litigation accreditation in recognition of our legal expertise, the sound advice we provide and our high levels of client care. In addition, we have been awarded a
Legal Aid contract authorising us to provide representation to those eligible for criminal Legal Aid.
We have many years of experience in defending clients charged with weapons offences and we will work with you to put together a robust defence. We will also check that the police and prosecutors have stayed within their authority in dealing with your case and take action if this is not the case.
To speak to one of our expert offensive weapons solicitors, call us on 0191 416 2182 (Washington) or 0191 495 2896 (Gateshead) or complete a Free Online Enquiry today.
“Can highly recommend John Donkin Solicitors. Excellent service and friendly people”
Our Offensive Weapons Defence Services
If you are being investigated on suspicion of an offence under the Offensive Weapons Act or you have been charged, we provide a full service including:
- Representation at the police station and during interview under caution
- Requesting full information and evidence regarding your case
- Going through the evidence with you and discussing the strengths and weaknesses of your position
- Discussing the options open to you and advising you of their implications
- Representation in court
- If you have already been convicted, appealing an Offensive Weapons Act conviction
What Does The Offensive Weapons Act 2019 Say?
The Offensive Weapons Act makes it illegal to possess twenty types of weapons, including flick knives, gravity knives, butterfly knives, cyclone or spiral knives, zombie knives, handclaws, knuckle dusters and death stars.
It is a separate, further offence under the Criminal Justice Act to have in a public place a bladed article or anything sharply pointed except for a folding pocket knife with a blade of up to three inches.
The Offensive Weapons Act also makes it an offence to possess a corrosive product in a public place without good reason or lawful authority.
It is an offence to sell any of these items to under-18s.
The Act has strengthened laws relating to threatening with offensive weapons. It is an offence to threaten someone with an offensive weapon in a private place. There is some overlap with other offences in this area.
Defence To Charges Under The Offensive Weapons Act
If you have been charged with selling an item under the Offensive Weapons Act, we will work to establish what defence may be available to you. For example, you may have taken reasonable steps to confirm the purchaser’s age.
If you have been charged with possession of a corrosive product in a public place, we may be able to prove that this was necessary for your work.
Where you have been charged with possession of an offensive weapon, you may have a defence if you can show that it is not yours.
If your case is taken to court, we will also look at the issue of any mitigating factors.
“Very efficient, with a swift approach to all issues.”
What Is The Sentence For An Offensive Weapons Act Offence?
The maximum sentence for each offence under the Offensive Weapons Act is 51 weeks in prison and/or an unlimited fine.
Minimum custodial sentences are given for ‘second strike’ possession offences where the offender was aged 16 or over at the time of the second offence. If the offender is 18 or over, the sentence will be a minimum of 6 months imprisonment. For 16 and 17-year-olds, the sentence is at least four months.
Under the Act, the second strike rule now applies to corrosive substances as well as knives and offensive weapons.
Contact Our Offensive Weapons Solicitors In Gateshead And Washington
If you need representation for an offensive weapons charge, contact us now. We will step in straightaway to protect your position and to provide you with the guidance and advice you need.
To speak to one of our expert offensive weapons lawyers, call us on 0191 416 2182 (Washington) or 0191 495 2896 (Gateshead) or complete a Free Online Enquiry.
“Great customer service and very good solicitors. Very happy to do business with them. Highly recommend”
