OF09 Offensive weapons

Question 1

What sections of the Search and Surveillance act 2012 gives my power to search for weapons without warrant?

Answer 1

Section 27 - Searching person

Section 28 - Searching Vehicle

Question 2

What does section 27 of the search and surveillance act give me power to do?

Answer 2

If I have RGTS a person has committed offence against section 202A(4)(a) of the Crimes act (1961) I have the power to:

• Detain
• Search
• Use reasonable force
• Seize

I must use RAN

Question 3

What does section 28 of the Search and Surveillance act give me power to do?!

Answer 3

Search a persons vehicle if in breach of Section 202A(4)(a) Crimes act 1961. I have the power to:

• Detain
• Search
• Use force where necessary
• Seize

I must is RAIN

Question 4

What are the elements of Section 202A(4)(a) of the Crimes Act 2012 ‘Possession of Offensives be Weapons or disabling substances’ (Public place)

Answer 4

1) Without lawful authority or reasonable excuse
2) has with him or her
3) In any public place
4) Any Knife
OR
Any offensive weapon
OR
Any disabling substance

Question 5

What are the elements of Section 202A(4)(b) of the Crimes Act 2012 ‘Possession of Offensive Weapons or Disabling Substances’ (Any Place)

Answer 5

1) Has in his or her possession
2) In any place
3)Any offensive weapon
OR
Any disabling substance
4) In circumstances that Prima Faces show an intention to use it to commit an offence involving bodily injury or the threat of violence

Question 6

What is a definition for “Any disabling substance”

Answer 6

A substance produced or intended with the purpose of disabling a person

Question 7

How does the definition of offensive weapon differ depending on ‘Public Place’ and ‘Any Place’

Answer 7

Public Place: Any article made, altered or intended to cause bodily harm

Any Place: Any item capable of being used to cause bodily harm

Question 8

What are my powers to arrest for possession of an offensive weapon?

Answer 8

Section 315 (2) of the Crimes Act 1961.