Offence Weapons And Bladed Articles

Question 1

Define section 1 prevention of crime act 1953

Answer 1

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

Define a public place

Answer 2

Any highway and any other premises or place which at the lateral time the public have or are permitted to have access to whether on payment or otherwise

Question 3

Define an offensive weapon

Answer 3

Any article which is made or adapted for the purpose of causing injury to the person, or intended by the person, having it with him for such use by him or some other person

Question 4

What are the relevant sections under the offence weapons act 2019?

Answer 4

Section 43 - Amendment to the definition of a flick knife

Section 46 - Prohibition on the possession of certain offence weapons in private

Section 47 - Some new defences for some articles such as Kirpans and Katars

Question 5

Define section 139 criminal justice act 1988

Answer 5

It is an offence for a person to have with him any article which has a blade or is sharply pointed, expect for a folding pocket knife, in a public place without good reason or lawful authority, to onus of proof being on the carrier

Question 6

What is the exception for a folding pocket knife?

Answer 6

Folding pocket knives that have a blade where the cutting edge is less than 3 inches are excluded. This stated by Harris v DPP 1993 and confirmed by R v Deegan

Question 7

What are the defences for having an offence weapon in public?

Answer 7

For use in work

As part of a national costume

For religious reasons

Question 8

What powers do staff at school have to search pupils?

Answer 8

S550ZA (England) and 550AA (Wales)

Head teachers, or members of staff authorised by the head teacher have a power to search a pupil and their belongings if they have reasonable grounds to suspect that the pupil may have with them or in their possessions an article to which section 139 criminal justice act 1988 applies or an offensive weapon under section 1 prevention of crime act 1953

Question 9

What is section 1 and section 6 of the offensive weapons act 2019?

Answer 9

Section 1 - sale of corrosive products to a person under 18

Section 6 - offence of having a corrosive substance in a public place

Question 10

What is a weapon of offence?

Answer 10

A weapon of offence is any article made or adapted for causing injury to, incapacitating a person or intended by the person having it with him for such use