What will the Crown Prosecution Service consider when deciding to charge someone with an Offence involving an Offensive Weapon?
An offensive weapon is defined as 'any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use.'
An offense involving an offensive weapon, must fall into one of three categories:
1) An individual could be charged with having an offensive weapon in a public place.
2) An individual could be charged with having something adapted to cause injury.
3) An individual could be charged with having something that is not necessarily offensive, or adapted, but is intended to be used to cause injury.
Where the article in question falls into categories 1) or 2), the prosecution are not required to prove that the accused also intended to use it to cause injury. However,
if the article falls under category 3) the prosecution must prove that the accused had intent to cause injury.The Prosecution will, in all cases, be required to prove possession of the article in a public place.