Knives, Offensive Weapons and Serious Violence
By William Downs
The Labour government has committed to halving knife crime in a decade.
This briefing provides an overview of legislation concerning knives and offensive weapons, and the approaches taken by the police and other agencies to prevent serious violence in England and Wales.
What are knife crime offences? It is a criminal offence to possess any knife or other bladed article in a public place, under section 139 of the Criminal Justice Act 1988. It is also a criminal offence to have an “offensive weapon” in any public place, under section 1 of the Prevention of Crime Act 1953. Both offences carry maximum penalties of up to four years’ imprisonment. It is a defence for someone to prove they have possessed a knife, bladed article or offensive weapon with “good reason or lawful authority”, though the legislation does not provide examples of what this means in practice. A court determines whether the explanation provided by a defendant amounts to lawful authority or reasonable excuse based on the specific circumstances of a case. It is also a criminal offence to possess any prohibited weapon under section 141 of the Criminal Justice Act 1988 (as amended by the Offensive Weapons Act 2019). Prohibited weapons cannot be possessed anywhere, even in private, and are also illegal to hire, lend or manufacture. Like other possession offences, the maximum penalty is four years’ imprisonment. There are currently 20 prohibited weapons listed in secondary legislation under the Criminal Justice Act 1988 (Offensive Weapons) Order 1988, including a range of knives, bladed articles and other weapons. Under section 141(2) of the 1988 act, the government can introduce secondary legislation to add further weapons to this list. In 2024, the government added a new definition of “zombie-style” knives and machetes to the list, and launched a consultation on adding “ninja swords” to the list. Sentencing statistics from the Ministry of Justice shows that in the year ending March 2023, there were almost 18,500 cautions and convictions made for possession of a knife or offensive weapon. Juveniles (aged 10-17) were the offenders in around 17.3% of cases. Further data for England and Wales related to knife-related offences can be found in the Library briefing: Knife Crime Statistics: England and Wales.
London: House of Commons Library, 2025. 41p.