Offensive Weapons Flashcards

1
Q

Section 139 Criminal Justice Act 1988 - Offensive weapons

A

‘any person who has an article to which this section applies with him in a public place shall be guilty of an offence’

  • applies to any article which has a blade or is sharply pointed, expect a folding picket knife
  • unless the folding pocketknife’s cutting edge of the blade exceeds three inches
  • defence for a person charged to prove he had good reason or lawful authority of having in a public place
  • for use of work
  • for religious reasons
  • part of a national costume
  • punishment at magistrates ( fine or 6 months)
  • punishment at crown ( fine or up to 4 years)
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2
Q

Prevention of Crime Act 1953

A

‘any person who without lawful authority or reasonable excuse, has with him in any public place any offensive weapon, shall be guilty’

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3
Q

Points to prove

A
  • defendant in a public place
  • with an offensive weapon
  • without lawful authority
  • or, reasonable excuse
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4
Q

Made offensive weapons

A

‘made to cause injury to a person’

  • flick knife
  • baton
  • Japanese throwing star
  • knuckle duster
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5
Q

Adapted offensive weapons

A

‘Adapted to cause injury to a person’

  • broken bottle
  • unscrewed pool cue
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6
Q

Intended offensive weapon

A

‘Intended to use for the purpose of causing injury’

  • weapons are not offensive, but used with intention to cause injury (hairspray, hammer, pencil)
  • must be supported by prevention of act from act, intent to use it offensively
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7
Q

Offence weapon act 2019

A
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