Offensive Weapons Flashcards
What legislation is the offence of carrying a bladed or pointed article (or folding pocketknife exceeding 3 inches) in a public place
Section 139 The Criminal Justice Act 1988
What is the maximum length a folding pocketknife can be?
3 inches
What are the defences for carrying a pointed or bladed article?
- They had good reason or lawful authority (soldier with a bayonet)
- They can prove they had reasonable excuse (object used for fishing)
- Article is for religious reasons
- Is part of a national costume
What are the points to prove for possession of a pointed or bladed article?
- Any person
- Who without lawful authority or reasonable excuse
- The proof whereof shall lie on him
- Has with him in any public place
- Any offensive weapon
What is the maximum sentence for carrying a bladed or pointed article?
Four years imprisonment
Is a screwdriver a bladed article
No, unless it has been sharpened to an edge or point
What legislation is the offence for carrying an offensive weapon under?
The Prevention of Crime Act 1953
What type of offensive is carrying an offensive weapon?
An either-way offence
What are the maximum sentences for possession of an offensive weapon?
Magistrates Court: 6 months imprisonment or a fine up to £200 or both
Crown Court: 4 years imprisonment or a fine up to £100 or both
Defence for carrying an offensive weapon?
They had lawful authority or reasonable excuse to carry (for use in a hobby, for work or some authority in law)
What are the points to prove for carrying an offensive weapon?
- In a public place
- With an offensive weapon
- Without lawful authority or reasonable excuse
What are the three types of offensive weapon?
- Made (knuckle duster, swordstick)
- Adapted (broken bottle, unscrewed pool cue)
- Article which is intended for the purpose of causing injury (not offensive per se, but are intended to be used to inflict injury)
Is forgetfulness a defence for carrying an offensive weapon?
No
What is second strike knife crime?
- 18+ and similar previous conviction: Mandatory sentence of 6 months imprisonment or 4 months Detention & Training Order
Which Act includes corrosive substances, possessions of prohibited items in public or private and threatening a person with an offensive weapon anywhere?
The Offensive Weapons Act 2019
Is it an offense to possess an offensive weapon in a private place?
Yes but only if the weapon could only ever be said to be used to hurt someone (zombie knives, knuckle dusters)
What section of legislation is threatening with an offensive weapon?
Section 1A of the Prevention of Crime Act 1953
What are the points to prove for threatening with an offensive weapon?
- Has an offensive weapon with them in a public place
- Unlawfully and intentionally threatens another person with the weapon
- Does so in a way that there is immediate risk of serious physical harm to the other person (would have to be at level of GBH)
What type of offence is threatening with an offensive weapon and what is the maximum sentence?
Either way offence
Magistrates Court: 12 month imprisonment or fine to statutory maximum or both
Crown Court: 4 years imprisonment or fine or both
What section of legislation is possession of flick or gravity knives in public or private?
Section 44 Offensive Weapons Act 2019
What is the ONLY defence for having a flick or gravity knife?
For use in a museum or gallery
What section of legislation is the prohibition of certain weapons in private (e.g. knuckle dusters or zombie knives)
Section 46 Offensive Weapons Act 2019
What type of offence are Sections 44 and 46 of the Offensive Weapons Act 2019 and what is the maximum sentence?
Summary only offence
Up to 51 weeks imprisonment or a fine or both
What section of legislation is carrying a bladed or pointed article on school premises without good reason or lawful authority?
Section 139A Criminal Justice Act 1988
What are the defences for carrying a bladed or pointed article on school premises?
- For us at work
- For religious reasons
- Part of a national costume
- For educational purposes
What type of offence is carrying a bladed or pointed article on school premises and what is the maximum sentence?
Either way offence
Magistrates Court: Up to 6 months imprisonment or fine up to statutory maximum or both
Crown Court: Up to 4 years imprisonment or fine or both
What section is threatening with a blade or point or offensive weapon in a public place or on school premises?
Section 139AA Criminal Justice Act 1988
What type of offense is threatening with a blade or point or offensive weapon in a public place or on school premises and what is the maximum sentence?
Either way offence
Magistrates Court: Up to 12 months imprisonment or fine up to statutory maximum or both
Crown Court: up to 4 years imprisonment or fine or both
Under what power and section can a constable search school premises?
Section139B Power to Search School Premises
