offensive Weapon Flashcards
What are the tree pieces of legislation
Offensive weapons
- Prevention of crime act 1953 PAC
Designed to stop people carrying weapons in public - Criminal justice act 1988
Designed for people to stop carrying knives or an ‘’ article with a blade or point’’ in public spaces - Offensive weapons act 2017
Designed to address gang culture and criminalise the possession/ ownership of prohibited weaponry
There’s are also own as PCS CJS OWA
Offensive weapon
It is an offence for a person when???
Without lawful authority or reasonable excuse
To possess/ to have with them
In a public space/ also on school or further education premises
An offensive weapon
Offensive weapons PCA ??
Lawful authority = army, police, fire service etc
Reasonable excuses [ moving hose ] not just in case
That knowledge must be coupled with a reason availability to use
Public spaces/ any spaces the public has access to at any time
what are the tree categories of offensive weapons
Fires two are for ‘made’ and ‘adapted’ to cause injury
1. Made- eg. Rice flail [ nunchucks ] swords
2. Adapted eg bottle deliberately broken, potato with razor blades
Made to adapted to cause injury to a person and usually relatively straightforward to interpret o the fact
- Intended [could be anything ]
Means to intend for further use by the person to cause injury to someone
A person actually using something as a weapon my indicate that this was their intention prior to using it as much
This legislation is designed to prevent crime
Bladed article
CJA
Without lawful authority or good reason
Public spaces
Has with them
An article that has a blade or sharply pointed
Exceptions ; a folding picket knife the cutting blade of which doesn’t exceed 3 inches `
Possession of a blades article
Statuary defence
If he has a blades article with him at the time CJA
For use a work
For religious reasons
As part of national costume
For education purpose- must show defence
Offensive or threatening a person with a blades reticle
Or offensive weapon
CJA
In a public places
Unlawfully and intentionally
Threatens another person with a bladed article
[ in a way that a reasonable person exposed to the threat would think there in immediate harm / risk
Equivalent offensive for offensive weapons in public
Possession of corrosive substances in public places
A substance capable of burning human skin by corrosive OWA
There are strong corrosive substances used in trade and business are treated in law as if there are offensive weapons
You need a good reason to have it with you in public spaces
Eg industrial cleaning agent, drain un blockers, swimming pool chemicals, paint stripper
It wouldn’t include ordinary household bleach and cleaning agent
Possession of prohibited weapon anywhere
OWA
Includes possession in private ie they are banned
Flick knives an gravity knives
Flick knives = buttons / spring device to open the blade
Cyclone/ spiral / zombie knives
If required the court will decide whether it fits the definition
Limited exception for curved blade swords that are used ceremonially