Offensive Weapon

Question 1

What is your power to search without warrant for offensive weapons and your statutory obligations under 125 or 131?

Answer 1

Section 27 for people
Section 28 for vehicle
If you suspect an offence against section 202A(4)(a)
You must RAN or RAIN them

Question 2

What is a defence to a charge of possession of an offensive weapon 202A(4)(b)?

Answer 2

If the suspect proves they did not intend to use the offensive weapon or disabling substance to commit an offence.

Question 3

What are the elements of possession of offensive weapons or disabling substance (public place)? Section 202A(4)(a)

Answer 3

Without lawful authority or reasonable excuse
Has with him or her
In any public place
Any knife
OR
Any offensive weapon
OR
Any disabling substance

Question 4

What are the elements of possession of offensive weapons or disabling substance (any place)? Section 202A(4)(b)

Answer 4

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

Question 5

What is the definition of 
Offensive weapon (public place)?

Answer 5

A article used for/ altered to/ intended for causing bodily harm

Question 6

What is the definition of offensive weapon (in any place)?

Answer 6

Any article capable of being used for causing bodily harm.

Question 7

What is the definition of disabling substance?

Answer 7

Substance intended for the purpose of disabling people

Question 8

What is the difference between 202A(4)(a) public place and 202A(4)(b) any place?

Answer 8

202A(4)(a) in a public place any weapon (made/altered/intended)

202A(4)(b) in any place any article capable of causing bodily injury and prima Davie shows an intention to commit bodily injury