Offensive weapons

Question 1

Legislation for bladed and pointed articles

Answer 1

S139 Criminal Justice Act 1988

Question 2

What counts as bladed or pointed article?

Answer 2

Bladed and sharply pointed objects
Lock knives
Pocketknives with blade more than 3 inches
(IN PUBLIC PLACE)

NOT pocketknives with blade less than 3 inches (cannot lock into place)

Question 3

Offensive weapons and pointed/bladed articles defences

Answer 3

Had good reason, lawful authority, religious reasons, for work, part of a national costume, educational purposes if in a school. Potentially if carrying weapon and could prove they were in danger of imminent attack

Question 4

Possession of bladed or pointed article - type of offence

Answer 4

Either way

Question 5

Points to prove for bladed or pointed article

Answer 5

Was in possession of illegal article
In public place
Did not have lawful authority or reasonable excuse

Question 6

Power to search school premises for bladed article or offensive weapon

Answer 6

139B Criminal Justice Act 1988

Question 7

3 types of offensive weapon:

Answer 7

Items made for causing injury

Items adapted to cause injury

Item intended to cause injury

Question 8

Offensive weapon legislation

Answer 8

Prevention of Crime Act 1953

Question 9

Made Offensive weapon

Answer 9

Truncheon, Japanese throwing star BUT NOT bladed and pointed articles as weren’t made specifically to cause harm

Do not need to show intent, only possession

Question 10

Adapted offensive weapon

Answer 10

Broken bottle

Question 11

Intended offensive weapon

Answer 11

Hairspray, hammer, pillow

Need proof of intent

Defence - instant arming

Question 12

What is instant arming?

Answer 12

Using an item they had with them to protect themselves e.g. walking back from a cricket match and using the bat to defend yourself when attacked

Only for intended offensive weapons

Question 13

Points to prove for offensive weapon

Answer 13

Must be an offensive weapon
In public place
On their person or within their reach
Need to know they have the weapon on them (forgetfulness doesn’t count)

Question 14

Who is guilty when carrying an offensive weapon for another person?

Answer 14

both guilty because one has it on their person and the other is in reach

Question 15

Possession of offensive weapon - type of offence

Answer 15

Either way

Question 16

Threatening someone with offensive weapon definition

Answer 16

unlawfully and intentionally threatens another person with the weapon, putting them in immediate risk of serious physical harm

Question 17

Threatening someone with offensive weapon - type of offence

Answer 17

Either way

Question 18

Threatening someone with offensive weapon - legislation

Answer 18

Section 1 Prevention of Crime Act 1953

Question 19

Offensive weapons and Youth Crime

Answer 19

• If 18 or over and has previous conviction of similar nature, mandatory 6 months imprisonment or 4 months Detention & Training Order (DTO).
• 16 and 18, section 28 and Schedule five of the Criminal Justice and Court Act 2015 will apply and the Court must impose a custodial sentence unless it is unjust to do so.

Question 20

Newer legislation for offensive weapons

Answer 20

Offensive weapons act 2019

Question 21

Offensive Weapons Act 2019

Answer 21

Corrosive substances, possession of weapons in private places, flick and gravity knifes

Question 22

Flick or gravity knife

Answer 22

Offence in public or private
Defence - for use in museum or gallery
Summary offence

Question 23

Offensive weapons in a private place

Answer 23

Things made to hurt people
Defences - religious reasons (ceremonial) historical importance, on behalf of a museum or galley, educational purposes
Exemption: antiques over 100 years old
Summary offence