Weapons/Firearm Offences Defence
Experienced representation for knife, offensive weapon, and firearms charges across Scotland.
Public Place Possession
Knife Crime
Offensive Weapons
Weapons offences in Scotland are treated seriously by the courts and prosecutors. Whether you are charged with carrying a knife in a public place, possessing an offensive weapon, or a firearms-related offence, a conviction carries the real possibility of a custodial sentence, even for a first offence. Charles Ferguson Solicitors provide specialist criminal defence for all categories of weapons charges across Scotland's courts.
Knife and Offensive Weapons Charges
The Criminal Law (Consolidation) (Scotland) Act 1995 makes it an offence to have an article with a blade or point, or an offensive weapon, in a public place without reasonable excuse or lawful authority. There is no minimum blade length — a small penknife can found a charge. The offence is one of strict liability: the Crown simply needs to prove that you had the item in a public place. The burden then shifts to you to establish a reasonable excuse. We advise on the defences available, including reasonable excuse, lawful authority, and good reason, and we challenge the circumstances of the search and seizure.
Aggravated Weapons Offences
Section 47A of the 1995 Act (as amended) creates aggravated offences where a knife or offensive weapon is used on school premises. The Criminal Justice and Licensing (Scotland) Act 2010 introduced further aggravation provisions. Assault with a weapon can be charged as serious assault or, in the most serious cases, attempted murder. These charges carry substantial custodial sentences. We represent clients in solemn proceedings (jury trial) at the Sheriff Court and, in the most serious cases, at the High Court of Justiciary.
Firearms and Prohibited Weapons
The Firearms Act 1968 and subsequent legislation create offences relating to possession, use, and supply of firearms and ammunition without the appropriate certificate or authority. Possession of a prohibited weapon — such as a stun gun, knuckleduster, or disguised firearm — is an absolute offence with no reasonable excuse defence available. Firearms offences can be prosecuted on indictment with significant maximum sentences. We advise on all aspects of firearms law, including certificate revocations, variations, and appeals to the Sheriff Court.
Challenging the Prosecution Case
In weapons cases, much turns on the circumstances of the search, the police's reasonable grounds for that search, and the question of possession. We examine the lawfulness of any search under the Criminal Procedure (Scotland) Act 1995, challenge evidence obtained unlawfully, and explore all available defences. Where a guilty plea is appropriate, we prepare the best possible mitigation to persuade the court to impose a non-custodial disposal. Contact Charles Ferguson Solicitors on 01698 285 885 immediately after any charge.
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