Search Legislation

Advanced Search

Offensive Weapons Act 2019

Contents

Legal background

Corrosive products and corrosive substances

  1. Section 29 of the Offences against the Person Act 1861 prohibits the throwing or applying to any person, any corrosive fluid with the intent to burn, maim, disfigure, or disable any person or to do some grievous bodily harm to any person. Section 18 of the Offences against the Person Act 1861 concerns the causing of grievous bodily harm with intent. Section 1 of the Prevention of Crime Act 1953 prohibits the possession in any public place of an offensive weapon without lawful authority or reasonable excuse. The term "offensive weapon" is defined as "any article made or adapted for use to cause injury to the person, or intended by the person having it with them for such use".
  2. The sale of certain types of acids, and other dangerous corrosive chemicals, is controlled by the Poisons Act 1972 (the "1972 Act"), as amended by the Deregulation Act 2015. The 1972 Act draws a distinction between "regulated" substances and "reportable substances". Regulated substances – which contain high concentrations of certain chemicals – are now restricted from sale to the general public. If a member of the general public wants to buy any of the regulated substances, they need to apply to the Home Office for a licence to import, acquire and to possess and use. Reportable substances can be bought without a licence, but retailers are required to report suspicious transactions and significant losses and thefts.

Offensive weapons and bladed articles

  1. The following legislation regulates the control of offensive weapons, dangerous weapons and bladed articles in England and Wales, Scotland and Northern Ireland:
    • The Prevention of Crime Act 1953;
    • The Restriction of Offensive Weapons Act 1959;
    • The Criminal Justice Act 1988;
    • The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (SI 1988/2019);
    • Articles 53 and 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI24));
    • The Criminal Justice Act 1998 (Offensive Weapons) (Scotland) Order 2005 (SSI 2005/483);
    • The Violent Crime Reduction Act 2006;
    • The Custodial Sentences and Weapons (Scotland) Act 2007

Firearms

  1. The Firearms Act 1968 ("the 1968 Act") is the principal statute regulating the control of firearms in England and Wales, and Scotland. Section 5 of the Act prohibits the possession of specific types of weapons, their component parts and ammunition without the authority of the Secretary of State. These include handguns, automatic weapons and weapons which discharge any noxious liquid or gas, amongst others.
  2. The Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) regulates the control of firearms in Northern Ireland. Article 45 of the Order makes similar provision to section 5 of the 1968 Act by prohibiting the possession of specific types of weapons, their component parts and ammunition without the authority of the Secretary of State.

Back to top