17. Offensive Weapons & Articles With Blades Or Points Flashcards
What does it mean to have an offensive weapon in a public place under Section 1 (1),Prevention of Crime Act 1953?
- Any person without lawful authority
- or reasonable excuse
- (proof whereof shall lie on him) has with him
- in any public place
- any offensive weapon
What are the penalties for possession of an offensive weapon?
- Triable either way
- Offence is indictable under SOCAP
- four years imprisonment and/ or fine on indictment
- six months imprisonment and/ or a fine summarily
What is an offensive weapon by law?
- Offensive weapon means any article which is MADE OR ADAPTED for use for causing injury to the person.
- or INTENDED by the person having it with him for such use by him or by some other person.
What isn’t a reasonable excuse?
Self defence… will rarely be a reasonable excuse unless the person can prove that there was a specific and immediate danger to themselves.
Has with him?
You must prove that the person KNOWINGLY had the weapon with them.
What is a public place?
- Any highway or
- any other premises or place to which
- at the material time
- the public have or are permitted to have access, whether on payment or otherwise
What does it mean to having a Bladed or Sharply pointed article in a public place under Section 139 (1) Criminal Justice Act 1988?
- it is an offence for a person to
- have with him
- any article that has a blade or is sharply pointed
- in a public place
- with good reason or lawful authority
What are the penalties for possession of a bladed & sharply pointed article in a public place?
- Triable either way
- Offence is indictable under SOCAP
- four years imprisonment and/ or fine on indictment
- six months imprisonment and/ or a fine summarily
What is a bladed article?
- Includes all sorts of knives
- Folding pocket knifes with a blade
- LESS THAN 3 inches are allowed
What is a good reason or lawful authority?
- Good reason or lawful authority is something for the carrier of the bladed or sharply pointed article to prove.
- This has to be proved on the ‘balance of probabilities’ NOT ‘beyond reasonable doubt’
What are the 3 defences for possession of a bladed or sharply pointed article in a public place?
- Use at work
- Religious reasons
- national costume
What does it mean to have an offensive weapon/ article with a blade or point on school premises under Section 139A Criminal Justice Act 1988?
- A person commits an offence who
- has with them
- any article
- which has a blade or is sharply pointed
- or any offensive weapon
- on school premises
- without good reason or lawful authority
What are the penalties for possession of an offensive weapon/ article with a blade or pointed on school premises?
- Triable either way
- Offence is indictable under SOCAP
- four years imprisonment and/ or fine on indictment
- six months imprisonment and/ or a fine summarily
What does it mean by school premises?
- Any land used for the purposes of a school, EXCEPT land occupied solely as a dwelling by a person employed by the school, e.g caretakers house.
- Includes primary and secondary schools but does not include further education establishments.
What are the 4 defences for having possession of an offensive weapon/ article with a blade or point on school premises?
- use at work
- religious reasons
- national costume
- educational purposes
