Personal Legal Services

Possession of Weapons

In England and Wales, possessing certain weapons or offensive items is illegal without a valid reason. This includes knives, firearms, pepper spray, and other objects that can be used as weapons. If you are accused of possession of weapons, then you should seek legal advice immediately from an experienced criminal defence solicitor specialising in weapon possession cases.

At Garratts Solicitors, we have a team of expert solicitors with experience in dealing with all types of offences relating to possessing weapons. Our team will provide clear advice on your options and help guide you through the process while ensuring that your rights are protected. Contact our criminal law team at Garratts Solicitors on 0161 344 2244 or request a callback. If your query is urgent, please use our 24-hour emergency line 07971 163241 to speak to a member of our team as soon as possible.

 

What is understood as the possession of weapons?

Under the Firearms Act 1968, possession of weapons is a criminal offence. Such weapons can include firearms and imitation firearms, offensive weapons (any article made or adapted for causing injury to persons), and prohibited weapons and ammunition. The Act includes possessing any such weapon with or without intent to cause harm. If you have been accused of possessing weapons, our criminal law team can provide you with the necessary advice and support.

 

What is the sentencing for different types of possession of weapons?

There are different types of possession of weapons, and as a result, sentencing depends on the circumstances. Below are the sentences as defined by the Sentencing Council.

Bladed articles and offensive weapons - possession (Criminal Justice Act 1988 (s.139(1)), Criminal Justice Act 1988 (s.139A(1)), Criminal Justice Act 1988 (s.139A(2)), Prevention of Crime Act 1953 (s.1(1)), Prison Act 1952 (s.40CA))

Possessing bladed articles like knives and other offensive weapons such as coshes, knuckle dusters, or stun guns is a criminal offence. This offence is triable either way, which means it can be heard in the Magistrates’ Court or the Crown Court. The maximum sentence for possession of a bladed article is four years' custody, with sentencing ranging from a fine to custody.

Bladed articles and offensive weapons - threats (Criminal Justice Act 1988 (s.139AA(1)), Prevention of Crime Act 1953 (s.1A))

The threat of possession of bladed articles and other offensive weapons carries a maximum sentence of four years' custody, with the sentencing ranging from a fine to a prison sentence.

 

How are sentences for possession of weapons decided?

Sentences for possession of weapons are decided based on several factors, including the type and nature of the committed offence, the offender's previous criminal history and culpability, and any mitigating or aggravating factors present. The sentence may be reduced if the defendant makes a guilty plea.

 

What to consider when defending yourself against weapons possession charges?

If you are facing weapons possession charges, it is vital to have an experienced criminal defence solicitor on your side. Your solicitor will be able to assess the evidence against you and provide guidance on the best way forward.

They may even be able to negotiate a lesser charge or get the case dropped altogether. It all depends on your specific situation, but possible defences include self-defence, provocation or accident. Having the right legal representation will give you the greatest chance at a successful outcome.

Why work with Garratts if you have been charged with possession of weapons?

At Garratts Solicitors, our team of criminal law experts have extensive experience in providing advice and legal assistance on possession of weapons charges. Our solicitors will provide you with the legal advice and support you need while defending your case.

We understand that this is a difficult time for our clients, and we strive to ensure their case is prepared and presented in the best possible way. At Garratts, we have 30 years of experience in all aspects of criminal law, from negotiations to court appearances, and we are well-known for our commitment to achieving the best possible outcomes for our clients.

If you have been accused of possessing weapons, contact our criminal law team at Garratts Solicitors on 0161 344 2244 today to discuss your case. If your case is urgent, please ring our 24-hour emergency number 07971 163241.

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