Offensive Weapons

Question 1

Section 47 Criminal Law Consolidation Scotland Act 1995?

Answer 1

“Possession of offensive weapon”
Any person who has with them in any public place any offensive weapon commits an offence.

Question 2

What are the defences for carrying an offensive weapon?

Answer 2

• Lawful Authority
• Reasonable Excuse

Question 3

Public place means anywhere other than…?

Answer 3

• Domestic premises
• School premises
• A prison

Question 4

What is an offensive weapon?

Answer 4

Any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person.

Question 5

Section 48 (1) Criminal Law Consolidation Scotland Act 1995?

Answer 5

“Power of Search”
A constable has reasonable cause to suspect that a person is carrying an offensive weapon and has committed or is committing an offence under Section 47 in a public place the constable may:
- Detain and search that person

Question 6

Section 49 Criminal Law Consolidation Scotland Act 1995?

Answer 6

Any person who has with them in any public place a bladed or sharply pointed article in a public place.

Question 7

What is the statutory defence for Section 49 Criminal Law Consolidation Scotland Act 1995?

Answer 7

• For use at work
• For religious reasons
• As part of a national costume

Question 8

Section 50 Criminal Law Consolidation Scotland Act 1995?

Answer 8

“Power of Search - Bladed Article “
Where a constable has reasonable grounds for suspecting that a person has with him an article to which Section 49 of this Act applies, the constable may search that person without warrant and detain him for such time as is reasonably required to permit the search to be carried out.

Question 9

Section 49 A (1) Criminal Law Consolidation Scotland Act 1995?

Answer 9

Any person who has with them on a school premises an article with a blade or sharp point as defined in Section 49.

Question 10

Section 49 A (2) Criminal Law Consolidation Scotland Act 1995?

Answer 10

Any person who has with them on a school premises an offensive weapon as defined in Section 47.

Question 11

Section 49 B Criminal Law Consolidation Scotland Act 1995?

Answer 11

“Searching on School Premises”
Allows for a constable to:
- Enter the school premises by reasonable force if necessary
- Search the premises and any person found on the premises for knives and offensive weapons
- Must have reasonable grounds for suspecting that an offence under Section 49 A is being or has been committed
- Seize any relevant articles or weapons you find