5 - Weapons

Question 1

Possession of Offensive Weapons -
Act, Section and Definition

Answer 1

Prevention of Crime Act 1953 s1:
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence

Question 2

Possession of Offensive Weapons -
Points to Prove

Answer 2

• Without lawful authority
• In a public place
• Possession of a weapon

Question 3

Possession of Points & Blades in Public Place -
Act, Section and Definition

Answer 3

Criminal Justice Act 1998 s139:
Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
(4)It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
(5)Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him
(a)for use at work;
(b)for religious reasons; or
(c)as part of any national costume.

Question 4

Possession of Points & Blades in Public Place -
Points to Prove

Answer 4

• Without lawful excuse
• Possession of blade/sharp (R v D 2019)
• In a public place