Bladed and Sharply Pointed Articles Flashcards
Bladed and Sharply Pointed Articles Sentencing
Either Way Offenec
Summary - 6 months imprisonment and/or fine
Indictment - 4 years imprisonment and/or fine
S.139(1) Having a Bladed or Sharply Pointed Article in a Public Place
It is an offence for a person to have with him:
-Any article which has a blade or is sharply pointed
-Except a folding pocketknife
-In a public place without good reason or lawful authority.
Why is Bladed or Sharply pointed article easier to prove?
Only need to prove they have no good reason
Sharply Pointed includes…
Can include a syringe or the sharpened end of the umbrella.
Not including blunt blade of a screwdriver, oar, cricket bat or other ite,.
Folding Pocketknife exception criteria
Must have all of the following
-Less than 3” or 7.62cm
-Must not lock
-If the blade locks it is NOT a folding pocketknife
-Locks include needing a button or other mechanism to release it.
Defences for Bladed/Sharply Pointed Articles.
-Use at work (butcher)
-Religion (Kirpans are knives carried by Sikhs, must be genuine followers of religion)
-National Costume (Scottish national costume has small dagger in the sock)
Power of Entry and Search in Schools
Constables may enter school premises, further education premises and any person on those premises for the purpose of
-Any article which has blade or sharply pointed
-Any offensive weapon.
Threatening with a bladed article, point or an offensive weapon in public or school premises - S.139 Criminal Justice Act 1988)
A person is guilty of an offence if that person,
(a) Has a bladed article or point or offensive weapon with him in a public place or on school premises,and
(b) unlawfully and intentionally threatens another person with the article,and
(c)does so in such a way that there is an immediate risk of serious physical harm to that other person. Including a reasonable person test.
