Offensive Weapons

Question 1

Outline what is classified as an offensive weapon under S.1.4 for the purposes of the Prevention of Crime Act 1953

Answer 1

Offensive Weapon: Any article ‘made, adapted or intended’ for causinf injury.
A ‘made article’ is something made/ manufactured for the purposes of causing injury to people.
An ‘adapted article’ is something which has been modified in some way for the purposes of causing injury.
An ‘intended article’ is and item in the suspects possession with which they intend to cause injury.

Question 2

Give some examples of offensive weapons classified as ‘dangerous weapons’ under S.28 of the Violent Crime Reduction Act 2006

OR

‘specified weapons’ under S.141 of the Criminal Justice Act 1988

Answer 2

Disguised knife, Stealth knife, Knuckleduster, Telescopic truncheon, Baton, Shuriken/Shaken/Death Star, Push dagger, Belt buckle knife, Swordstick, Handclaw, Hollow kubotan, Footclaw, Balisong or Butterfly knife, Blowpipe or blow gun, Kusari gama, Kyoketsu shoge, Manrikigussri/ Kusari, Samuai sword (or other similar curved blade).

Question 3

Outline the offence of possessing an offensive weapon in a public place under S.1 of the Prevention of Crime Act 1953

Answer 3

An offence for any person without lawful authority or reasonable excuse (the proof of which shall lie on them) to have with then in any public place any offensive weapon.
Some items classed as offensive weapons may have innocent uses which would therefore give them a reasonable excuse.

Officers have the power to search for an offensive weapon under S.1 of the PACE Act 1984.

Triable either way:
Summarily: Fine or six months imprisonment.
Indictment: Four years imprisonment.

Question 4

Outline the offence of weapons on school premises under S.139A of the Criminal Justice Act 1988

Answer 4

S.139A.1 probibits bladed or sharply pointed articles on school premises.
S.139A.2 for other offensive weapons.

The classification of these offences and powers of search are the same as for possessing an offensive weapon in a public place.

For searching a person the officer doesn’t need to have grounds to suspect that the persons are in possession of a weapon but rhe decision should be made on objective factors connected to the reason with searching the premises (PACE code A 2.29). Officer does not have to be in uniform to search school premises of they suspect a S.139A offence and reasonable force may be used for entry.

If offensive weapons or bladed articles are found they can be seized under S.139B of the Criminal Justice Act 1988.

Triable either way:
Summarily: Fine or six months imprisonment.
Indictment: Four years imprisonment.

Question 5

Outline the offence of threatning with a weapon in a public place or school under S.1A of the Prevention of Crime Act 1953 and S.12 of the Crimimal Justice Act 1988

Answer 5

It is an offence to threaten a person in a public place or on school premises with:

• An offensive weapon (S.1A Prevention of Crime Act 1953)
• A bladed or sharply pointed article (S.139AA Criminal Justice Act 1988)

Threat must be intentional and unlawful, and create an immediate risk of ‘serious physical harm’.

Triable either way:
Summarily: Fine or one year imprisonment.
Indictment: Four years
If the suspect is not found guilty of this aggravated version of the offence then they could still be found guilty of one of the basic possession offences.

Question 6

Outline the offence of possesion of a weapon in a private place under S.64 of the Offences Against the Person Act 1861

Answer 6

An offence to possess, make, or manufacture any item with intent to commit, or enable any other person to commit, any other offence within the Act.

This could be considered for the possession of weapons in public places.

Penalty is imprisonment for up to two years.

Question 7

Outline the offence of manufacture, import, sale or hire etc of offensive weapons under S.141 of the Crimimal Justice Act 1988 and S.1 of the Restriction of Offensive Weapons Act 1959

Answer 7

An offence for a person to manufacture, sell or hire such an item, this includes offering such an item for sale or hire, or possessing it for the purpose of selling, hiring, lending, or giving it to another person.

If the weapon is a ‘specified weapon’ the offence is under S.141 of the CJA 1988.
A ‘flick knife’ or ‘gravity knife’ the offence is under S.1 of the Restriction of the Offensive Weapons Act 1959.

Triable summarily: Fine and/ or six months imprisonment.

Question 8

Outline the offence of selling bladed or pointed items to young people inder S.141A of the CJA 1988

Answer 8

An offence to sell a knife, knife blade, razor blade or an axe to a person under 18. This applies for any other blades or sharply pointed article which is made or adapted for causing injury.

Triable summarily: Fine and/or six months imprisonment

Question 9

Outline the offence of arranging the minding of a dangerous weapon under S.28 of the Crime Reduction Act 2006

Answer 9

An offence to make arrangements for another person to look after, hide or transport a ‘dangerous weapon’ to make it available for an unlawful purpose.

Arrangements must help to make the weapon available for the offender to use. Possession of the weapon must either constitute an offence or be likely to lead to the comission of an offence.

The minder would not be committing a S.28 offence but may be committing a weapons possession offence.

Triable either way.

Question 10

Outline the definition of a firearm under S.57.1 of the Firearms Act 1968

Answer 10

A firearm is any lethal barreled weapon of any description from which any, shot bullet or other missile can be discharged.

Firearms loosely grouped into four categories under the act: Section 1 firearms, shotguns, air weapons and prohibited weapons.

The legislation around firearms was significantly changed under the Violent Crime Reduction Act 2006

Question 11

Outkine the police powers in regards to producinf a firearm certificate under S.48.1 of the Firearms Act 1968

Answer 11

A certificate is needed for S1 firearms, shotguns, some types of ammunition and any component parts of a firearm, other weapons such as air and imitation weapons do not require certificates.

It is an offence to have an S.1 firearm or shotgun without the requisite certificate.

An officer has the power to denand the production of a firearm certificate from anuone they believe to be in possession of any firearms or ammunition requiring a certificate (S.48.1 Firearms Act 1968).
An officer can also require they give their name and address.
If the certificate is not produced and does not allow the officer to read it in order to show they are entitled to have the firearm in their possession then the firearm or ammunition may be seized and retained.

Question 12

Outline some additional offences in relation to possessing a firearm under the Firearm Act 1968

Answer 12

An offence to have certain types of firearm and ammunition in a public place without lawful authority or reasonable excuse (S.19 Firearms Act).
Triable either way, air weapons tried summary only, penalty is fine and/ or six months imprisonment.

Possessing a firearm with the intention that a person will cause another person to fear violence (on public or private lands). (S16A Firearms Act 1968).
Triable indictment only with a fine and/ or ten years imprisonment.

An offence to be in possession of a firearm or an imitation firearm at the time of arrest (S.17 Firearms Act 1968).

An offence to be

Question 13

Outline the offence of refusing to hand over a firearm under S.47 of the Firearms Act 1968

Answer 13

An officer can require any person to hand over a firearm and or ammunition for examination under S.47.
The officer must have reasonable cause to suspect the person is in possession of a firearm in a public place or is committing/ about to commit a relevant offence under the Firearms Act 1968.

Triable summarily: Fine and/ or three months imprisonment.

Question 14

Outline the power to stop and search for firearms under s.47 of the Firearms Act 1968

Answer 14

S.47.3 for a person and S.47.4 for a vehicle.
Applies if a firearm offence has been committed or is about to be committed.

A power of entry is available to search for firearms under S.47.5.

S.2 of the PACE Act 1984 and associated codes of practice must be followed with health and safety as the priority.

Question 15

Outline the offence of young peopke accessing firearms under S.24 and S.22 of the Firearms Act 1968

Answer 15

A summary offence to sell or hire, firearms, ammunition and imitations to a person under 18 (S.24.1) as well as for a person under 18 to purchase one of these items (S.22.1).

An offence to give, lend, or otherwise part with a S.1 firearm or ammunition to a person under 14 (S.24.2).

A defence is available for S.24 offences if it can be shown that there were reasonable grounds for believing the person was older than the relevant age limit (S.24.5).

Question 16

Outline the offence of trading in firearms under S.3.1 of the Firearms Act 1968

Answer 16

A person whk trades or carries out any business with any firearms without being registered commits an offence under S.3.1.

This includes manufacturing, selling, exposing for sale, repairing and testing firearms.

Triable either way:
Summarily: Fine and/ or six months imprisonment.
Indictment: Five years imprisonment.

Question 17

Outline what is defined as a Section 1 under S.1 of the Firearms Act 1968

Answer 17

A Section 1 firearm is any firearm which is not a shotgun, legal air weapon, prohibited weapon or imitation firearm.
A sawn-off shotgun is classed as an S.1 firearm.

Question 18

Outline the offence of possessing a S1 firearm without the appropriate certificate under S.1 of the Firearm Act 1968

Answer 18

It is an offence for a person to have in their possession, or to purchase or acquire a firearm, or ammunition without holding a firearm certificate.

Triable either way:
Summarily: Fine or six montha imprisonment.
Indictment: Five years imprisonment, Seven for a sawn off shotgun.

In some circumstances an S1 firearm might not require a certificate, eg for killing animals, antique firearms (some criminals have taken advantage of this possible loophole and legally acquiring antique firearms and ammunition to carry out street shootings and robberies).
Members of rifle and pistol clubs and visiting overseas forces are also excluded.

The age restrictions for S1 firearms:

• Hold a firearm certificate over 14 (a parent can be granted a certificate which includes a child under 14).
• Carry a firearm for a person over 18 during a sporting activity: Any age
• Receive a S1 firearm as a gift: Age 14+
• Purchase or hire an S1 firearm: Age 18+

Question 19

Outline the definition of a Shotgun under S.1.3.A of the Firearms Act 1968

Answer 19

A shotgun within the meaning of this Act is a smooth-bore gun (not being an airgun) which:

i) Has a barrel of not less than 24 inches (60.96 cm) with a bore not exceeding 2 inches (5.08 cms) in diameter.
ii) Either has no magazine or has a non-detachable magazine incapable of holding more cartridges.
iii) Is not a revolver gun.

Most shotgun cartridges consist of a plastic or cardboard tube containing a shot, protective wadding, brass battery cup at the base containing a primer.
Example:
Primer - Propellant - driving wad - shot contained within the chalice.

Different designs of shotguns with different loading ststems:

• Double Barreled side by side or over and under and has no magazine, it allows for two shots before reloading.
• Pump action has a single barrel and a magazine for cartridges, classed as prohibited.
• Self-loading shotgun (semi-automatic) has a magazine from which thr cartridges are loaded into the breech then discharged, classed as prohibited.

A shotgun certificate is granted by the chief police officer of the force area. They are normally granted for sports, ie clay pigeon shooting etc, unless theres a specific reason to reject the application it will normally be approved.

Certain cases where a person may have a shotgun without a certificate, such as borrowing it from and using it on the private land of someone who holds a certificate.

Certificate age restrictions:
Hold a shotgun certificate: Under 14+
Possess an assembled shotgun if supervised by a person 21 or over with a certificate: Under 14+
Receive a shotgun as a gift: 15+
Have an uncovered/ unsecure shotgun: 15+
Purchase or hire a shotgun: 18+

An offence to gift a shotgun to a person under 15 (S.24.3).

Question 20

Outline the offences related to young peoples access to weapons under S.25 of the Firearms Act

Answer 20

An offence to:

• Make gift or otherwise part with any air weapon or ammunition to a young person under 18 (S.24.4)
• A person in possession of an air weapon to fail to take responsible precaution to prevent a person under 18 from having an air weapon.

Triable summarily: Fine.

An offence for a person under 18 to ‘have’ with them an air weapon or ammunition anywhere and at any time (S.22.4) unless:
- they are a member at an air rifle club and firing at targets.
- weapon does not exceed .23 caliber and is being fired at a gallery (S.23.2).
On private land with the landowners permsisikn a person under 18 can use an air weapon, under 14s superviswd by a 21+ year old.
Other locations a person aged 14-17 years can use an air weapon anywhere if supervised by a person 21+ (S.23.1) (includes public place provided there is lawful authority or reasonable excuse).

Question 21

Define and outline the offence of carrying a realistic imitation firearm under S.36 and S.37 of the Violent Crime Reduction Act 2006 (VCRA)

Answer 21

S.36 - RIF is: Any item that looks like a modern real firearm (Size and Colour) but does not meet the definition of a firearm. They do not have to be capable of firing projectiles.

S.37 - The sale of RIFs is restricted to adults and the seller must be certain the pirchase is for:

• Purposes of a museum or gallery
• Theatrical productions, film and TV programmes.
• Historical reenactments (under secretary of state regulations)
• Duties concerned with a service as crown servant
• skirmishing at a registered site

Carrying a RIF in public is also restricted to the above circumstances.
In any other circumstances a RIF in a public place under S.19 of the Firearms Act 1968 is:
Triable summarily: Fine or six months imprisonment.

Question 22

Outline the offence of possessing a readily convertible imitation firearm under S.1 of the Firearms Act 1968.

Answer 22

Some imitation firearms can be converted into a functional firearm or one requiring a certificate under S.1 of the FA 1968. If the conversion is simple and doesnt require ‘specialist tools’ then it is ‘readily convertiable’.

Any object will be regarded as a firearm under S.1(1) and (2) of the FA 1968 if it has:

• Appearance of a firearm.
• Readily converted into a weapon from which a shot, bullet, or other missile can be discharged.
• When converted, would fall under S.1 of the FA 1968.

Possession of a readily convertible imitation firearm without a certificste is an offence (regarded as a functioning firearm) but would require foremsic lab testing and be for the court to decide.

Possession of a tool or article with the intentio to convert it into a working firearm is an offence (S.127 Policing and Crime Act 2017).
An offence to unlawfully supply, or offer to supply a defectivley deactivated weapon to a person in the UK or member state of the EU (this covering a firearm which could easily be reactivated). (S.128 PCA 2017)

Question 23

Outline the restrictions around Blank firing firearms under VCRA and the Firearms Act 1968.

Answer 23

A blank firing firearm is one that cannot discharge a projectile, their cartridges contain powder or propellant (the casing is crimped where the bullet would be). It must discharge gas from the top of the weapon and have a solid blocked barrel (Those sold in the EU and US are often manufactured to fire out the muzzle therefore not legal in the UK).

It is legal for an adult to buy, sell and own blank-firing imitation or RIF without a certificate, however they cannot be carried in public they may only be used on private land or property.

Question 24

Outline the offence of possessing prohibited weapons under S.5 of the Firearms Act 1968.

Answer 24

General public have no reasonable need to possess certain types of potentially highly dangerous weapons.

Under S.5 it is an offence to possess or make such items without special authority with prohibited features falling into the prohibited weapon category:
Prohibited features:
- Short barrel (less than 30cm) or Short overall (less than 60cm total)
- Can discharge a noxious substance
- Two or more missiles can be successively discharged without repeated pressure on the trigger.
- Self-loading or pump action with a short smooth-bore barrel (less than 24inches, or 40inches overal)
- Smooth-bore revolver gun
- Can project a stabilized missile
- Has a self-contained gas cartridge system (Ammo designed to explode on or just before impact, or containing a noxious substance.
- Any firearm disguised as another object.

An offence to possess, purchase, aquire, manufacture, sell ot transfer prohibited weapons or ammunition (S.5.1 FA 1969) without written authority from the Defence Council.

Triable either way:
Summarily: Fine and/or six months imprisonment.
Indictment: Ten years imprisonment.