What the law says
Section 1(1) — possession offence and current adult penalties
(1) Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence, and shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine of any amount, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding four years or a fine of any amount, or both.
Section 1(4) — public place and offensive weapon
(4) In this section “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; and “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.
Section 32, Magistrates’ Courts Act 1980 — summary fine modification
(2) For any offence triable either way which is not listed in Schedule 1 to this Act, being an offence under a relevant enactment, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the prescribed sum unless the offence is one for which by virtue of an enactment other than this subsection a larger fine may be imposed on summary conviction.
(9) In this section—
“fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation;
“the prescribed sum” means £5,000 or such sum as is for the time being substituted in this definition by an order in force under section 143(1) below;
“relevant enactment” means an enactment contained in the Criminal Law Act 1977 or in any Act passed before, or in the same Session as, that Act.
(10) Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates’ court) makes provision that affects the application of this section.
Section 85, Legal Aid, Sentencing and Punishment of Offenders Act 2012 — adult fine limit
(1) Where, on the commencement day, a relevant offence would, apart from this subsection, be punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction on or after that day by a fine of any amount.
(3) For the purposes of this section—
(a) an offence is relevant if, immediately before the commencement day, it is a common law offence or it is contained in an Act or an instrument made under an Act (whether or not the offence is in force at that time), and
(b) a power is relevant if, immediately before the commencement day, it is contained in an Act or an instrument made under an Act (whether or not the power is in force at that time).
(4) Nothing in subsection (1) affects—
(a) fines for offences committed before the commencement day,
(b) the operation of restrictions on fines that may be imposed on a person aged under 18, or
(c) fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
and provision made in exercise of a relevant power in reliance on subsection (2) does not affect such fines or the operation of such restrictions.
Section 32, Criminal Law Act 1977 — indictment fine
(1) Where a person convicted on indictment of any offence (whether triable only on indictment or either way) would, apart from this subsection, be liable to a fine not exceeding a specified amount, he shall by virtue of this subsection be liable to a fine of any amount.
Regulation 2, Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 11) Order 2015 — commencement
Section 85(1) and (4) came into force on 12 March 2015. The adult summary fine modification applies to offences committed on or after that date; Section 85(4) preserves the earlier-conduct and under-18 exceptions.
Section 1(2) — discretionary forfeiture
(2) Where any person is convicted of an offence under subsection (1) of this section the court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.
Section 1(2ZA) — previous relevant conviction
(2ZA) See section 315 of the Sentencing Code for provision about the sentence which the court may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.
Section 315(1), Sentencing Act 2020 — repeat-offence sentence
(1) This section applies where—
(a) an offender is convicted of an offence (the “index offence”) under—
(i) section 1(1) of the Prevention of Crime Act 1953 (carrying offensive weapon without lawful authority or reasonable excuse),
(ii) section 139(1) of the Criminal Justice Act 1988 (having article with blade or point in public place),
(iii) section 139A(1) or (2) of that Act (having article with blade or point or offensive weapon on education premises), or
(iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),
(b) the offence was committed on or after the relevant date, and
(c) when the offence was committed, the offender—
(i) was aged at least 16, and
(ii) had at least one relevant conviction.
Section 315(1A), Sentencing Act 2020 — repeat-offence sentence
(1A) In subsection (1)(b), “the relevant date” means—
(a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, 6th April 2022;
(b) in any other case, 17 July 2015.
Section 315(2), Sentencing Act 2020 — repeat-offence sentence
(2) If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are particular circumstances which—
(a) relate to the offence, to the previous offence or to the offender, and
(b) would make it unjust to do so in all the circumstances.
Section 208(5)(k), Police, Crime, Sentencing and Courts Act 2022 — commencement
The Section 124 change to the repeat-offence sentencing test came into force on 28 June 2022.
Section 315(2A), Sentencing Act 2020 — repeat-offence sentence
(2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to the offence, to the previous offence or to the offender, and
(b) justify not doing so.
Section 315(3), Sentencing Act 2020 — repeat-offence sentence
(3) In subsections (2) and (2A) “appropriate custodial sentence” means—
(a) in the case of a person aged under 18 when convicted of the index offence, a detention and training order of at least 4 months;
(b) in the case of a person aged 18 or over but under 21 when convicted of the index offence, a sentence of detention in a young offender institution for a term of at least 6 months;
(c) in the case of a person aged 21 or over when convicted of the index offence, a sentence of imprisonment for a term of at least 6 months.
Section 315(4), Sentencing Act 2020 — repeat-offence sentence
(4) In this section, “relevant conviction” means—
(a) a conviction of a relevant offence,
(b) a conviction in another part of the United Kingdomof a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed),
(c) a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a relevant offence, or
(d) a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in respect of which the corresponding civil offence (within the meaning of the Act in question) is a relevant offence,
Section 315(4A), Sentencing Act 2020 — repeat-offence sentence
(4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes—
(a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and
(b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed).
Section 397(5), Sentencing Act 2020 — institution of proceedings
(5) For the purposes of this Code, proceedings are instituted when they are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 (see section 15(2) of that Act).
Section 15(2), Prosecution of Offences Act 1985 — institution of proceedings
(2) For the purposes of this Part, proceedings in relation to an offence are instituted—
(a) where a justice of the peace issues a summons under section 1 of the Magistrates’ Courts Act 1980, when the information for the offence is laid before him;
(b) where a justice of the peace issues a warrant for the arrest of any person under that section, when the information for the offence is laid before him;
(ba) where a relevant prosecutor issues a written charge and requisition for the offence, when the written charge and requisition are issued;
(bb) where a relevant prosecutor issues a written charge and single justice procedure notice, when the written charge and single justice procedure notice are issued;
(c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed on the particulars of the charge;
(d) where a bill of indictment is preferred under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) or (ba) of subsection (2) of that section, when the bill of indictment is preferred before the court;
and where the application of this subsection would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times.
Section 315(5), Sentencing Act 2020 — repeat-offence sentence
(5) In this section, “relevant offence” means an offence under—
(a) section 1 or 1A of the Prevention of Crime Act 1953 (offences involving offensive weapons),
(b) section 139, 139A or 139AA of the Criminal Justice Act 1988 (offences involving article with blade or point or offensive weapon), or
(c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place)
Section 315(6), Sentencing Act 2020 — repeat-offence sentence
(6) This section is subject to section 252A.
Section 252A(1), Sentencing Act 2020 — qualifying under-18 sentence
(1) Subsections (3) to (5) apply where—
(a) a person aged under 18 is convicted of an offence listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),
(b) the offence was committed on or after the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force,
(c) the court does not impose either of the following for the offence (or for an offence associated with it)—
(i) a sentence of detention for life under section 250, or
(ii) an extended sentence of detention under section 254, and
(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).
Section 50(1)(c), Counter-Terrorism and Sentencing Act 2021 — commencement
The Section 252A(1) qualifying-offence date is 30 April 2021.
Schedule 13 paragraph 9, Sentencing Act 2020 — terrorist connection
An offence, other than one for which the sentence is fixed by law as life imprisonment, which is determined to have a terrorist connection under section 69.
Section 69(3), Sentencing Act 2020 — terrorist connection meaning
(3) For the purposes of this section, an offence has a terrorist connection if the offence—
(a) is, or takes place in the course of, an act of terrorism, or
(b) is committed for the purposes of terrorism.
For this purpose, “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).
Section 1(1), Terrorism Act 2000 — terrorism meaning
(1) In this Act “terrorism” means the use or threat of action where—
(a) the action falls within subsection (2),
(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and
(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.
Section 1(2), Terrorism Act 2000 — terrorism meaning
(2) Action falls within this subsection if it—
(a) involves serious violence against a person,
(b) involves serious damage to property,
(c) endangers a person’s life, other than that of the person committing the action,
(d) creates a serious risk to the health or safety of the public or a section of the public, or
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
Section 1(3), Terrorism Act 2000 — terrorism meaning
(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.
Section 1(4), Terrorism Act 2000 — terrorism meaning
(4) In this section—
(a) “action” includes action outside the United Kingdom,
(b) a reference to any person or to property is a reference to any person, or to property, wherever situated,
(c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and
(d) “the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.
Section 1(5), Terrorism Act 2000 — terrorism meaning
(5) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.
Section 230(2), Sentencing Act 2020 — custody threshold
(2) The court must not pass a custodial sentence unless it is of the opinion that—
(a) the offence, or
(b) the combination of the offence and one or more offences associated with it,
was so serious that neither a fine alone nor a community sentence can be justified for the offence.
Section 252A(1A), Sentencing Act 2020 — qualifying under-18 sentence
(1A) Subsections (3) to (5) also apply where—
(a) a person aged under 18 is convicted of an offence listed in Part 3 of Schedule 13 (offences involving or connected with a threat to national security),
(b) the offence was committed on or after the day on which section 7(3) of the Sentencing Act 2026 came into force,
(c) the court does not impose—
(i) a sentence of detention for life under section 250 for the offence or for an offence associated with it, or
(ii) an extended sentence of detention under section 254 for an offence associated with the offence, and
(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).
Section 49(4), Sentencing Act 2026 — commencement
The Section 252A(1A) qualifying-offence date is 22 March 2026.
Schedule 13 paragraph 18, Sentencing Act 2020 — foreign power condition
An offence, other than one for which the sentence is fixed by law as life imprisonment—
(a) which is punishable on indictment with imprisonment for more than 2 years, and
(b) where it is determined under section 69A that the foreign power condition is met in relation to the conduct that constitutes the offence.
Section 31(1), National Security Act 2023 — foreign power condition
(1) For the purposes of this Part the foreign power condition is met in relation to a person’s conduct if—
(a) the conduct in question, or a course of conduct of which it forms part, is carried out for or on behalf of a foreign power, and
(b) the person knows, or having regard to other matters known to them ought reasonably to know, that to be the case.
Section 31(2), National Security Act 2023 — foreign power condition
(2) The conduct in question, or a course of conduct of which it forms part, is in particular to be treated as carried out for or on behalf of a foreign power if—
(a) it is instigated by a foreign power,
(b) it is under the direction or control of a foreign power,
(c) it is carried out with financial or other assistance provided by a foreign power for that purpose, or
(d) it is carried out in collaboration with, or with the agreement of, a foreign power.
Section 31(3), National Security Act 2023 — foreign power condition
(3) Subsections (1)(a) and (2) may be satisfied by a direct or indirect relationship between the conduct, or the course of conduct, and the foreign power (for example, there may be an indirect relationship through one or more companies).
Section 31(4), National Security Act 2023 — foreign power condition
(4) A person’s conduct may form part of a course of conduct engaged in by the person alone, or by the person and one or more other persons.
Section 31(5), National Security Act 2023 — foreign power condition
(5) The foreign power condition is also met in relation to a person’s conduct if the person intends the conduct in question to benefit a foreign power.
Section 31(6), National Security Act 2023 — foreign power condition
(6) For the purposes of subsection (5) it is not necessary to identify a particular foreign power.
Section 31(7), National Security Act 2023 — foreign power condition
(7) The foreign power condition may be met in relation to the conduct of a person who holds office in or under, or is an employee or other member of staff of, a foreign power, as it may be met in relation to the conduct of any other person.
Section 32(1), National Security Act 2023 — foreign power meaning
(1) In this Part “foreign power” means—
(a) the sovereign or other head of a foreign State in their public capacity,
(b) a foreign government, or part of a foreign government,
(c) an agency or authority of a foreign government, or of part of a foreign government,
(d) an authority responsible for administering the affairs of an area within a foreign country or territory, or persons exercising the functions of such an authority, or
(e) a political party which is a governing political party of a foreign government.
Section 32(2), National Security Act 2023 — foreign power meaning
(2) A political party is a governing political party of a foreign government if persons holding political or official posts in the foreign government or part of the foreign government—
(a) hold those posts as a result of, or in the course of, their membership of the party, or
(b) in exercising the functions of those posts, are subject to the direction or control of, or significantly influenced by, the party.
Section 32(3), National Security Act 2023 — foreign power meaning
(3) Subsection (1)(e) does not include a political party which is—
(a) a governing political party of the government of the Republic of Ireland, and
(b) a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.
Section 32(4), National Security Act 2023 — foreign power meaning
(4) In this section—
“foreign country or territory” means a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories;
“foreign government” means the government of a foreign country or territory;
a “government” includes persons exercising the functions of a government;
“territory” includes the constituent territories of a federal State.
Section 252A(2), Sentencing Act 2020 — qualifying under-18 sentence
(2) In determining for the purposes of subsection (1)(d) or (1A)(d) whether it would impose a custodial sentence, the court must disregard any restriction on its power to impose such a sentence by reference to the age of the offender.
Section 252A(3), Sentencing Act 2020 — qualifying under-18 sentence
(3) The court must impose a sentence of detention under this section.
Section 252A(4), Sentencing Act 2020 — qualifying under-18 sentence
(4) The term of the sentence must be equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period of 1 year for which the offender is to be subject to a licence,
and must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.
Section 252A(5), Sentencing Act 2020 — qualifying under-18 sentence
(5) For the purposes of subsection (4), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.
Section 252A(6), Sentencing Act 2020 — qualifying under-18 sentence
(6) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) or (1A) to have been committed on the last of those days.
Section