Offensive Weapons
The law in Scotland aims to keep offensive weapons off the streets to ensure public safety, which is why courts take the possession of such items very seriously. Significant penalties are routinely imposed for carrying or using offensive weapons. A variety of weapons are banned in Scotland, and several laws regulate their possession, meaning you could easily fall foul of the law if found with one of these items.
Under Section 47 of the Criminal Law (Consolidation) (Scotland) Act 1995, it is illegal to possess offensive weapons in a public place. This applies not only to items specifically designed to be used as weapons but also to everyday objects that may be deemed offensive weapons based on how they are used. For instance, a beer bottle, pool cue, or baseball bat can be classified as an offensive weapon if used or intended to be used to cause harm. In such cases, the specific facts and circumstances will determine whether the item is classified as an offensive weapon under the law. This makes it vital to have expert legal representation to carefully assess the details of your case.
Section 49 of the same Act prohibits carrying pointed or bladed items in public. With knife crime on the rise, courts take a particularly harsh stance, often imposing custodial sentences when warranted by the circumstances. However, certain bladed items are exempt from this prohibition, and there are defences available. For instance, you may have a defence if you can prove you had a "reasonable excuse" or "lawful authority" for possessing the item. The most common example of this is carrying a bladed item for work purposes. Establishing a defence however is a difficult task and requires the expertise of a skilled solicitor to present the case effectively.
The Firearms Act 1968 covers the possession and use of a wide range of items, many of which are considered extremely serious. Serious firearms offences are often prosecuted in the High Court of Justiciary, Scotland’s highest criminal court. Some weapons are prohibited outright, while others require proper certification or licensing. Possession of handguns, shotguns, ammunition, or even imitation firearms can result in prosecution at the highest level, with severe penalties to match. Certain offences carry a mandatory minimum sentence of five years' imprisonment, unless exceptional circumstances can be demonstrated, meaning the stakes can be extremely high in any such prosecution.
It's important to note that items not typically considered "firearms," such as stun guns, Tasers, or CS gas canisters, can also fall under this legislation. Possession of these items can lead to serious legal consequences, including significant prison terms.
Being convicted of possessing an illegal weapon can have devastating consequences for your life, career, and future prospects. At Sloan & Co, we will rigorously defend your interests, challenging the evidence and ensuring that every detail of your case is carefully examined. Our expert team is committed to giving you the best possible chance of securing a favourable outcome. If you are facing charges related to offensive weapons, contact us today for expert advice and representation.