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The law on offensive weapons in Scotland
The law prohibits carrying an offensive weapon in a public place. The crime occurs if someone has on their person an offensive weapon without lawful authority or reasonable excuse. A weapon is considered offensive if it designed or adapted to cause injury or if in all the circumstances of the case it can be inferred that the item was intended for use as a weapon.
Police officers can stop and search you without a warrant if they have reasonable suspicion that you are carrying a prohibited weapon in a public place. It is also a criminal offence to attempt to obstruct their search or hide the weapon.
Offensive weapons defence
Our criminal defence lawyers will determine if any defences are available in your case, including lawful authority or reasonable excuse for having the weapon in your possession (for example, if you require the implement for your job and you are carrying it to and from your place of work).
We will also look at the conduct of the police during their stop and search and question if they acted reasonably and within their powers.
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