Ancillary Orders Consultation

Closes 4 Dec 2024

Forfeiture of offensive weapons

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Prevention of Crime Act 1953, section 1(2)

Availability

Where an offender has been convicted of an offence under section 1(1) the court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.

NB for bladed article offences see deprivation of property order.

Sentencing guidelines that will include a drop down of this guidance:

  • Bladed articles and offensive weapons - having in a public place
  • Bladed articles and offensive weapons – threats

 

21. Do you have any comments on the content of the forfeiture of offensive weapons order guidance, or on the list of sentencing guidelines which will include this guidance?