Our criminal defence solicitors in Leicester successfully represented two clients (JS and SK) who faced allegations of selling offensive weapons and possessing offensive weapons in a private place, contrary to section 141 of the Criminal Justice Act 1988.
Both defendants were represented by Mr Kally Sahota and Mr Berinder Chawla of Sahota & Sahota Solicitors from the outset of proceedings.
Background
The allegations arose from a Trading Standards and Police operation of a long-established retail store specialising in military and outdoor equipment. Officers alleged that nearly 500 items recovered from the shop floor and basement were offensive weapons prohibited under the Criminal Justice Act 1988 (Offensive Weapons) Order 1988.
Both defendants were charged with:
- Selling or hiring offensive weapons; and
- Possessing offensive weapons in a private place.
Our Representation
Sahota & Sahota Solicitors were instructed immediately upon charge. At the First Hearing, our team identified significant defects in the prosecution evidence and requested an adjournment to allow the Crown Prosecution Service (CPS) to clarify the basis of the charges.
In the meantime, we took advice from a Firearms and Weaponry Expert with over 30 years experience in the fields of gun law, firearms law and weapons law and prepared for further evidence to be served.
At the second hearing, six weeks later, no progress had been made and the CPS had still failed to identify the statutory category of each item said to be prohibited.
We submitted representations that the prosecution had not established the necessary elements of any offence. Specifically, the police and CPS had not advised which specified category under the Schedule to the Criminal Justice Act (Offensive Weapons) Order 1988 each of the alleged items was said to fall within. Without this, the charges were too vague and insufficiently particularised to proceed.
Outcome
Following our oral representations, the Crown Prosecution Service reviewed the case and discontinued proceedings against both defendants.
A Defendant’s Costs Order was also granted, allowing our clients to recover a portion of their legal expenses.
This outcome was the result of careful preparation and scrutiny of the evidence, exposing the lack of clarity and inadequate case-building by the Police and Prosecution.
Why Early Specialist Advice Matters
Cases involving the sale or possession of alleged offensive weapons often depend on technical classification under the relevant legislation. It is crucial that prosecutors specify exactly which prohibited category each item falls into and that the defence challenges any over-broad or unsupported assumptions.
Early legal advice ensures that potential evidential or procedural defects are identified quickly, often leading to a discontinuance before trial, as in this case.
As was the position with this case, we sought advice from a Firearms and Weaponry Expert with a view to formally instruct them at a later stage. This early intervention was vital.
Specialist Defence Solicitors Leicester
At Sahota & Sahota Solicitors, our experienced team represents clients across Leicester, Leicestershire, and the East Midlands in matters involving:
- Offensive weapon allegations;
- Trading Standards prosecutions;
- Public Order and licensing offences;
- Serious criminal investigations.
We provide clear advice, early intervention and robust representation at both the police station and court.
You can call or WhatsApp us on 01162 555155
Visit us: Sahota & Sahota Solicitors, 25 New Walk, Leicester, LE1 6TE
