Offensive weapons Flashcards
What are offensive weapons?
Offensive weapons include items made or adapted for the purpose of causing injury. An object carried with the intention to cause harm can also be classed as an offensive weapon. This is explained in more detail later.
What legislation prohibits the possession of offensive weapons or bladed articles in public spaces?
s.139 of the Criminal Justice Act 1988
What is the maximum allowed cutting edge of a folding pocket knife as defined in s.139?
3 inches (7.62cm)
What are the common defences for carrying off weapons
(5) It shall be a defence for a person charged with an offence under this section to prove that he had the article with him:
For use at work;
For religious reasons; or
As part of any national costume.
What are the punishments (summary/indictment) for off weap offences?
(6) Punishments at the Magistrates Court is a fine or six months imprisonment or both and at the Crown Court up to four years in prison or a fine or both.
What are the points to prove for off weapon offences?
For charging, it must be proven that 1. the defendant was in possession of an article with a blade or point, in a public place, without lawful authority or reasonable excuse.
Does a screwdriver count as an offensive weapon?
A screwdriver does not fall within s.139 unless it has been sharpened to an edge or point.
Does a lock knife count as an offensive weapon?
A “lock knife” is not a “folding pocket knife” because it is not immediately foldable at all times. This legislation will therefore apply regardless of the length of the blade.
What are the three categories of offensive weapons?
Made for use for causing injury to a person (offensive weapon per se).
Adapted for use for causing injury to a person.
An article which the person carrying it intends to use for the purpose of causing injury to a person.
Sentencing guidelines
The penalty for possession of a bladed article and an offensive weapon is the same (four years). Therefore, in knife crime, the CPS may choose a charge of possession of a bladed article (unless it is an offensive weapon per se) since the prosecution doesn’t then need to prove any specific intent.
What punishment is given If the defendant is 18 or over and has a previous conviction of a similar nature (off weap)?
a mandatory sentence of six months imprisonment or four months Detention & Training Order (DTO).
