Offensive Weapons

Question 1

What are the three key pieces of legislation covering offensive weapons, knives and points and blades?

Answer 1

Prevention of Crime Act 1953 (off weap in a public place)
Criminal Justice Act 1988 (points and blades)
Offensive Weapons Act 2019 (offensive weapons in private + corrosive substances)

Question 2

What legislation covers the offence of having a pointed or bladed article in public?

Answer 2

Section 139 Criminal Justice Act 1988

Question 3

What legislation covers the offence of having a pointed or bladed article in school / educational institution?

Answer 3

Section 139a Criminal Justice Act 1988

Question 4

What legislation covers the offence of possession of an offensive weapon in a public place?

Answer 4

Section 1 of the Prevention of Crime Act 1953

Question 5

Under Section 1 of the Prevention of Crime Act 1953 what is an offensive weapons?

Answer 5

Any article made or adapted for use for causing injury, or intended by the person having it for causing injury on another person (offensive per se, adapted for use, intended to cause injury)

Question 6

What is an offensive weapon per se under S1 of the Prevention of Crime Act 1953? What are some examples?

Answer 6

Items made for the use of causing injury to a person.
A baton, butterfly knife, rice flail etc

Question 7

What is an adapted weapon under S1 of the Prevention of Crime Act 1953? What are some examples?

Answer 7

Anything not made explicitly for injury to a person but adapted to then use to cause injury e.g. a bottle deliberately broken, a baseball bat with nails attached to it.

Question 8

What is an intended weapon under S1 of the Prevention of Crime Act 1953? What are some examples?

Answer 8

Intended by the person having it with him for use for causing injury to the person.
Can be literally anything for example someone holding their keys between their fingers in a fist intending to attack anyone who comes near them

Question 9

What type of offence is possession of an offensive weapon in a public place (S1 of PCA 1953)? What is the max prison sentence?

Answer 9

An either way offence (up to 4 years imprisonment on indictment)

Question 10

What type of offence is possession of an article with blade or point in a public place? What is the max prison sentence?

Answer 10

Either way (max prison sentence of 4 years on indictment)