Offensive Weapons

Question 1

Having an Offensive Weapon in a Public Place:

Answer 1

S.1(1) Prevention of Crime Act 1953:

Any person who without
LAWFUL AUTHORITY or REASONABLE EXCUSE
HAS WITH HIM in any PUBLIC PLACE any OFFENSIVE WEAPON shall be guilty of an offense

Question 2

Lawful Authority:

Answer 2

Police officers/ Armed Forces - okay

Security guards - Do not have lawful authority (even in the course of their employment)

Question 3

Reasonable Excuse:

Answer 3

Self Defence - imminent threat only

Instant use

Innocent reason - e.g carpenters’ tools

Forgetfulness (innocent intent)

Finding an article

Question 4

NOT Reasonable Excuses:

Answer 4

General self-defence (just in case)

Forgetfulness

Ignorance (thinking a baton is an ariel)

Possession to commit suicide

Question 5

Has with him:

Answer 5

OfWep must be readily to hand

It is possible for more than one person to have an offensive weapon with him

Question 6

Public Place:

Answer 6

• Any highway and any other premises or place to which at the material time the public have or are permitted to have access
  (whether on payment or otherwise)

Question 7

Offensive Weapon Definition:

Answer 7

An offensive weapon means any article MADE or ADAPTED for causing injury to the person, or INTENDED by the person having it with him for such use by him or some other person

Question 8

Made:

Answer 8

Once it has been shown that the article in question was a ‘made’ offensive weapon there is no need to show any intention to use it for causing injury

e.g truncheons, bayonets, knuckledusters, flick knives

Question 9

Adapted:

Answer 9

Items that are changed or altered in some way to become an ‘adapted’ offensive weapon

Once ‘adapted’ there is no need to show my intention to use it for causing injury

e.g bottles/glasses broken to create a jagged edge, Squeezy bottle of acid

Question 10

Intended:

Answer 10

Can be virtually anything

The intention of the person carrying the object to cause injury

Question 11

S.46 Offensive Weapon Act:

Answer 11

Prohibition on the Possession of Offensive Weapons - the possession of certain weapons even in private are illegal such as zombie knives

Question 12

Defence to s.46

Answer 12

If it is of historical importance
If used in theatrical performance

Question 13

Having Bladed or Pointed Article in Public Place:

Answer 13

s.139(1) CJA 1988:

Any person who has an article which is BLADED or SHARPLY POINTED WITH HIM in any PUBLIC PLACE without LAWFUL AUTHORITY or GOOD REASON shall be guilty of an offence

Question 14

Articles having a blade:

Answer 14

• Includes any bladedarticle except A FOLDING POCKET KNIFE WITH A BLADE of 3 INCHES OR LESS
• Doesn’t matter if blade is sharp/blunt

Question 15

Good reason:

Answer 15

• Fear of imminent attack (not just in case)
• For use in work / trade
• For religious reasons
• As part national costume

Question 16

Knife in school:

Answer 16

s.139A (1) CJA 1988:
Any person who has a BLADED or SHARPLY POINTED ARTICLE WITH HIM on SCHOOL PREMISES without LAWFUL AUTHORITY or GOOD REASON shall be guilty

Question 17

Having Offensive Weapon on School Premises:

Answer 17

s.139A (2) CJA

Any person who has an offensive weapon within the meaning of s.1 ofthe Prevention of Crime Act WITH HIM on SCHOOL PREMISES without LAWFUL AUTHORITY REASONABLE EXCUSE shall be guilty of an offence

Question 18

School Premises:

Answer 18

An educational Institution providing:

• primary, secondary
• Not university

Question 19

Power of Entry:

Answer 19

A CONSTABLE may enter SCHOOL PREMISES and SEARCH those premises and any person on those premises for