Offensive weapon dropped - City of Westminster Court November 2022

Our client was charged with having an offensive weapon in a public place, namely a belt. He was involved in an altercation within a large group which resulted in him client being arrested and charged. Our client intended to plead guilty prior to our instruction as he had been seen by an off-duty officer swinging the belt 4 times and was described as aggressive throughout.

Our client had no representation at the police station and only contacted us the day before his court date. Thanks to the proactive work of our firm we were able to obtain the case papers and arrange representation. Our solicitor attended court and obtained instructions from the client.

We discussed an out of court disposal with the CPS at court and made strong submissions on our client’s behalf.  Our client’s potential defence was that he was attacked and had used the belt in reasonable self-defence. It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.

An offensive weapon is anything made or adapted to cause injury, or intended to be used as a weapon, including disguised weapons. Examples include: a baseball bat, hammer or any other heavy implement if it is intended to be used as a weapon.

After outlining our client’s defence the Crown Prosecutor withdrew the charge and the case was concluded without a trial. Had our client pleaded guilty  or been found guilty, the offences would have been categorised as B1 for sentencing guidelines which is a starting point of 9 months custody.

Thanks to our quick response we were able to ensure our client received representation and achieved the best possible outcome resulting in their case being withdrawn.