Offensive Weapon Legislation

Question 1

What is S1 Prevention of crime act 1953?

Answer 1

Any person without lawful authority or reasonable excuse
-has with them (any article)
- in a public place (where public permitted to be)
- any offensive weapon
- shall be guilty of an offence

Summary- 6 Months
Indictment- 4 Years

Question 2

In what circumstances is it lawful to carry an offensive weapon?

Answer 2

• if your a police officer executing his duty (baton)
• Self Defence
  -the court may decide based on circumstances of the offence if it is lawful

Question 3

An offensive weapon can be defined as 3 different categories. What are they?

Answer 3

MADE to cause Injury (knuckle duster/baton/Swiss army knife/Petrol bomb)

ADAPTED to cause injury (Nail in a bat/broken bottle/blade in a cap peak)

INTENDED to cause Injury- using a household item as a weapon (Hair spray/frying pan/ nail file)

Question 4

It is an offence under the offensive weapons act 2019 for a police officer to…

Answer 4

Carry there baton/pava without a lawful excuse. E.g leaving it in the car, taking it home.
Unless Transporting for duty between home/Station or station/station

Question 5

What is S139 CJA 1988- Extends the offensive weapons act?

Answer 5

It is possessing a blade or a pointed article in a public place without good reason or lawful authority.

Reasonable excuses include religious knives, employment such as chef/carpenter

Question 6

Criminal justice Act 1988 Section 139A(1) & (2) also extends this to cover school premises (5-18), what does S139B give you the power to do?

Answer 6

Power to enter a search school premises to find articles
- grounds to suspect
-Can seize items under S19 PACE
-Use force if nessersary under S117 PACE