It is an offence to be in charge of an offensive weapon, or certain bladed articles, in a public place in Scotland. Given Scotland’s high level of knife crime these offences are taken particularly seriously by the authorities. Theses offence are committed when an individual carries a weapon which is designed or adapted for the purposes of causing injury, or a certain bladed articles. Defences to these charges include ‘reasonable excuse’ (an electrician walking home in possession of a screwdriver, for instance) or ‘lawful authority’ – this includes situations like a soldier in possession of a Bayonet on parade.
One of the issues which arises increasingly is the legality of stop and search procedures, which the police often fail to properly conduct.
If you have been stopped by the police in possession of an offensive weapon or bladed article, contact one of our solicitors immediately for a free consultation.