Lecture 21 Bladed and Sharply Pointed Articles Flashcards
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 sharply pointed article?
Includes a variety of sharply pointed articles. E.g screwdrivers, needles, keys, etc.
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 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
Section 139A (1) Deals with blade or sharply pointed articles Section 139A (2) Deals with offensive weapons.
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 is the added defence for school premises?
Educational Purposes
Police power of entry and search?
-A constable may enter school premises and search those premises and any person on those premises for:
- Any article that has a blade or is sharply pointed or any offensive weapon
Reasonable Grounds to suspect above offences is being or has been committed.
What would happen if a constable discovers any article with a blade or point or offensive weapon?
- Seized and retained
- Reasonable force may be used if necessary
What does the Offensive Weapons Act 2019 now include?
Now includes offences of threatening with an article in a;
- public place
- private place
- further education
What is section 141 criminal justice act 1988?
Section 141 of the Criminal Justice Act 1988 provides that it is an offence to manufacture, sell or hire, offer for sale or hire, expose or have in his possession for the purpose of sale or hire of or lending or giving to any other person certain specified weapons.
