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)
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’
3
Q
Points to prove
A
- defendant in a public place
- with an offensive weapon
- without lawful authority
- or, reasonable excuse
4
Q
Made offensive weapons
A
‘made to cause injury to a person’
- flick knife
- baton
- Japanese throwing star
- knuckle duster
5
Q
Adapted offensive weapons
A
‘Adapted to cause injury to a person’
- broken bottle
- unscrewed pool cue
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
7
Q
Offence weapon act 2019
A