Possession of Corrosive Substances in Public Places

Despite recent high profile news stories, most notably the attack perpetrated by Abdul Shokoor Ezedi, the use of corrosive substances as a weapon is actually quite uncommon.

In the year leading up to 31st March 2023, which is the most recent data available, police forces in England and Wales recorded 472 offences of robbery and violence involving the use of corrosive substances.

In today's article I shall be taking a look at the offence of possessing a corrosive substance in a public place. This is an offence under section 6 of the Offensive Weapons Act 2019.

There are slight nuances in the legislation in the different legal jurisdictions of the United Kingdom. As usual, I shall only be considering those aspects applicable in England and Wales.

Section 6(1) of the Act states that it is an offence for a person to have a corrosive substances with them in a public place.

Section 6(2) states that it is a defence for a person charged with an offence under subsection (1) to prove that they had good reason or lawful authority for having the corrosive substances with them in a public place.

Section 6(3) states that, without prejudice to the generality of subsection (2), it shall be a defence for a person charged with an offence under subsection (1) to prove that they had the corrosive substance with them for use at work.

Section 6(7)(a) states that the maximum penalty, on summary conviction, for an offence under subsection (1) is 6 months' custody and/or an unlimited fine.

Section 6(9) defines the key terms:

"corrosive substance" means a substance which is capable of burning human skin by corrosion;

"public place" includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise.