Offensive weapon Flashcards
Offensive weapons (as amended by public order act 1986)
Offensive weapon means any article;
1. Made (original use of offensive weapon)
2. Adapted (turned into a weapon)
3. Intended (not made or adapted for causing injury)
causing injury/intended to by the person having it with them/or by another
S1(1) prevention of crime act 1953
Lawful authority - police with baton or
Reasonable excuse - self defence, instant use, innocent reason)
Has with him - know they have it on them
Public place - public have access to
Offensive weapon ;
1. Made (original use of offensive weapon)
2. Adapted (turned into a weapon)
3. Intended (not made or adapted for causing injury)
S139(1) CJA 1988 possession of articles with blades and points in a public place
Subject to subsection 4&5
Any person who has ARTICLE - blade, sharply pointed, pocketknife above 3 inches
In a public place
S139(4) CJA 1988 possession of articles with blades and points in a public place
Defences need to prove:
Good reason - just brought
or
Lawful authority - police carrying a baton
S139(5) CJA 1988 possession of articles with blades and points in a public place
Defences need to prove:
Use for work - builder casting hammer
Religious reasons - Sikh wearing a kirpin
National costume - Scottish man wearing a dirk
S139(1) CJA 1988 possession of articles with blades and points in a public place
Punishment
4 years, fine or both
S19 firearms act 1968
Without lawful authority
Reasonable excuse
Has with him
Public place
A) loaded shotgun (only weapon that must be loaded)
B) air weapon
C) any other firearm with ammunition
D) imitation of firearm (nerf gun)
S19 firearms act 1968 punishment
7 years, fine or both