Lecture 20 Offensive Weapons Prevention of Crime Act 1953

Question 1

What does it mean to have an offensive weapon in a public place under Section 1 (1),Prevention of Crime Act 1953?

Answer 1

• Any person without lawful authority
• or reasonable excuse
• (proof whereof shall lie on him) has with him
• in any public place
• any offensive weapon

Question 2

What are the penalties for possession of an offensive weapon?

Answer 2

• Triable either way
• Offence is indictable under SOCAP
• four years imprisonment and/ or fine on indictment
• six months imprisonment and/ or a fine summarily

Question 3

What is an offensive weapon by law?

Answer 3

• 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.

Question 4

What isn’t a reasonable excuse?

Answer 4

Self defence… will rarely be a reasonable excuse unless the person can prove that there was a specific and immediate danger to themselves.

Question 5

Has with him?

Answer 5

You must prove that the person KNOWINGLY had the weapon with them.

Question 6

What is a public place?

Answer 6

• 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

Question 7

What is a Lawful Authority and reasonable excuse?

Answer 7

Lawful Authority
Some occupations are permitted by law to carry weapons in certain circumstances.
Reasonable Excuse
- People having tools with them in the course of their trade, when travelling to and from work.
- Taking a weapon to the nearest police station.

Question 8

What is the difference between Made, Adapted and Intended?

Answer 8

Made: Specifically for causing injury.
Adapted: Innocent but when adapted becomes an offensive weapon
Intended: Innocent but became offensive weapons because of their intended use (e.g chair)