Offensive Weapons Flashcards
Offensive Weapon Definition - S.1(4) Prevention of Crime Act 1954
Any Article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him, or by some other person.
Any Article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him, or by some other person.
Offensive Weapon Definition - S.1(4) Prevention of Crime Act 1954
Weapons of Offense Types
-Made (to be a weapon)
-Intended (to be used as a weapon, such as a hammer)
-Adapted (to be a weapon, such as baseball bat with nails)
Burden on proof for offensive weapon in public place…
Is on the defendant to find a reasonable excuse to have it (fishing etc). Prosecution does not need to prove intent to harm.
Burden to prove intent to harm with adapted weapon…
Is on the prosecution
Possession of an offensive weapon in public - S.1(1) Prevention of Crime 1953
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
Possession of an offensive weapon in public - S.1(1) Prevention of Crime 1953
Lawful Authority (Offensive Weapon)
-Must be authorised by law
-Police Officers
-Military
-Not security guards that carry batons (R v Spanner and others [1973])
Reasonable Excuse (Offensive Weapon)
-Would a reasonable person think it excusable in the circumstances?
-Martial arts expert (bringing weapon to martial arts class etc)
-Self-defence - instant arming (e.g using keys which you take everywhere to defend self, wasn’t carrying keys to hurt someone), not the carrying of a weapon just in case of an attack like a kitchen knife.
-Not forgetfulness on its own (R v McCalla [1988])
Define “has with him” (Possession of Offensive Weapon in public)
-Actual possession
-Near-to-hand or on person
-In hand
-Handbag/rucksack
-Car seat next to them
In Any Public Place - S.1(4) Prevention of Crime Act)
Includes highway, premises or place where at the time the public have or are permitted to have access (payment or otherwise)
Includes highway, premises or place where at the time the public have or are permitted to have access (payment or otherwise)
In Any Public Place - S.1(4) Prevention of Crime Act)
S.141 Criminal Justice Act 1988
Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hie, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence.
S.1 Criminal Justice Act 1988 Schedule 1
1) Knuckleduster
2) Swordstick
3) Handclaw
4) Belt buckle knife
5) Push dagger
6) Hollow kubotan
7) Footclaw
8) Shuriken/Shaken
9) Butterfly knife/Balisong
10) Telescopic truncheon
11) Blowpipe
12) Kusari gama
13) Kyoketsu shoge
14) Manrikigusari/Kusari
15) Concealed Knife
16) Steal Knife
17) Baton/Truncheon
18) Sword
19) Zombie knife
20) Cyclone knife
Prohibition of Possession of offensive weapon
It is a criminal offence to possess in private any weapon listed in the Criminal Justice Act 1988 (S.1)
Exclusion for Prohibition on the Possession of Offensive Weapons
1) Possess on behalf of a museum/gallery or lent/hired out for a cultural, artistic or educational purposes
2) Historical importance
3) Historical re-enactments
4) Used for sporting activities
5) Use in film/theatre
6) Possessed for religious reasons
Possession of certain dangerous knives - S.44 Offensive Weapons Act 2019
Prohibits the possession in public and in private, of a flick or gravity knife.
Prohibits the possession in public and in private, of a flick or gravity knife.
Possession of certain dangerous knives - S.44 Offensive Weapons Act 2019
Defences - Possession of certain dangerous knives
If the knife is held by a museum or gallery for historical, cultural, artistic or educational purposes.
Same defence if the weapon is held to make available (possession or importation) for museum or gallery.
Threatening with Offensive Weapon in public - S.1(A) Prevention of Crime Act 1953
A person is guilty og an offence if that person:
(a) has an offensive weapon with him or her in a public place,
(b) unlawfully and intentionally threatens another person(A) with the weapon, and
(c) does so in such a way thata reasonable person (“B”) who was exposed to the same threat as ‘A’ would think that there was an immediate risk of physical harm to ‘B’.
A person is guilty og an offence if that person:
(a) has an offensive weapon with him or her in a public place,
(b) unlawfully and intentionally threatens another person(A) with the weapon, and
(c) does so in such a way thata reasonable person (“B”) who was exposed to the same threat as ‘A’ would think that there was an immediate risk of physical harm to ‘B’.
Threatening with Offensive Weapon in public - S.1(A) Prevention of Crime Act 1953
Threatening with a Corrosive Substance, Blade, Pointed Article or an Offensive Weapon in a Private Place - Offensive Weapon Act 2019, S.52(1)
A person (‘A’) commits an offence if -
While ‘A’ is in a private place, ‘A’ unlawfully and intentionally threatens another person (‘B’) with an article or substance to which this subsection applies, and
‘A’ does so in such a way that there is an immediate risk of serious physical harm to ‘B’
A person (‘A’) commits an offence if -
While ‘A’ is in a private place, ‘A’ unlawfully and intentionally threatens another person (‘B’) with an article or substance to which this subsection applies, and
‘A’ does so in such a way that there is an immediate risk of serious physical harm to ‘B’
Threatening with a Corrosive Substance, Blade, Pointed Article or an Offensive Weapon in a Private Place - Offensive Weapon Act 2019, S.52(1)
Having an Offensive Weapon on Education Premises - S.139(A2) Criminal Justice Act 1988
Any person who has an offensive weapon within the meaning ofSection 1 of the Prevention of Crime Act 1953 with him on school premises or further education premises shall be guilty of an offence.
Any person who has an offensive weapon within the meaning ofSection 1 of the Prevention of Crime Act 1953 with him on school premises or further education premises shall be guilty of an offence.
Having an Offensive Weapon on Education Premises - S.139(A2) Criminal Justice Act 1988
Sentencing for Offensive Weapon on Education Premises
Either Way Offence
Summary - Max 6 months imprisonment and/or fine
Indictment - Max 4 years imprisonment and/or fine
Defences for Offensive Weapon on Education Premises
-Use at work
-Use for educational purposes
-Religious reasons
-Part of any national costume
Definition of School Premises - S.139(A5) Criminal Justice Act 1988
Means any land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school
Definition of Further Education Premises - S.139(A6) Criminal Justice Act 1988
Means in relation to England and Wales, land used solely for the purposes of an institution within the further education sector or a 16 to 19 Academy, excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 academy
Threatening with Article, Blade, Point or Offensive Weapon - S.139(AA) Criminal Justice Act 1988
A person is guilty of an offence if that person:
Has a bladed article or point or offensive weapon with him in a public place or on school premises or on a further education premises, unlawfully and intentionally threatens another person with the article, and does so in such a way that a reasonable person (“B”) who was exposed to the same threat as ‘A’ would think that there was an immediate risk of physical harm to ‘B’.
Power of entry and search in schools or further education premises
A constable may enter school premises or further education premises and search those premises and any person on those premises for:
Any offensive weapon and/or bladed articles (as defined by Prevention of Crime Act 1953, s.1)
Possession of Corrosive Substances - S.9 Offensive Weapons Act 2019
6(1) A person commits an offence if they have a corrosive substance with them in a public place.
6(2) It is a defence for a person charged in England and Wales or Northern Ireland with an offence under subsection (1) to prove that they had good reason or lawful authority for having the corrosive substance with them in a public place
Defences for Possession of Corrosive Substances
It is a defence for a person charged with this offence, to prove that they had good reason or lawful authority to have the corrosive substance with them in a public place.
e.g. Plumber with drain unblocker etc.
Search for Corrosive Substances - S.1 PACE 1984. ammended Offensive weapon Act 2019 S.10
A police officer may search in a public place any person or vehicle or anything which is in or on a vehicle for a corrosive substance, and able to seize a corrosive substance if it is discovered during the course of the search.
The police officer must have reasonable grounds or suspicion that the person is carrying a corrosive substance on their person or within their vehicle before conducting a stop and search.
Search for Corrosive Substance on School or Further Education Premises - S.53 Offensive Weapons Act 2019
If a constable has reasonable grounds for suspecting that an offence undersection 52, as that section applies to corrosive substances, is being or has been committed on school premises or further education premises. s.53 (1).
The constable may enter and search the premises and any person on them for a corrosive substance. s.53 (2).
If in the course of a search under this section a constable discovers a substance which the constable has reasonable grounds for suspecting to be a corrosive substance, the constable may seize and retain it. s.53 (3).
The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section. s.53 (4).
Offensive Weapons Act 2019, Part 1
Part 1 of the Act responds to the threat posed by the use of corrosive substances as a weapon to inflict serious harm. Whilst this type of crime is not new, the use of corrosives as a weapon is of significant concern given the life changing injuries that these substances can inflict.Section 1-4 of the act covers:
Sec 1 - Sale of corrosive products to persons under 18.
Sec 2 - Defence to remote sale of corrosive products to persons under 18.
Sec 3 - Delivery of corrosive products to residential premises.
Sec 4 - Delivery of corrosive products to persons under 18.
Possession of Offensive Weapon Sentencing
Either Way Offence
-Max 6 months imprisonment and/or fine
-Max 4 years imprisonment and/or fine
Section 141 Criminal Justice Act - Sentencing for Manufacture etc.
Either Way Offence
Summary - 12 months and/or fine
Indictable - 4 years Imprisonment and/or fine
S.141(1A) - Prohibition of the Possession of Offensive Weapons
Summary Only
Imprisonment - 51 weeks and/or fine
Possession of Certain Dangerous Knives - S.44 Offensive Weapons Act 2019
Either Way Offence
Summary - 12 months imprisonment and/or fine
Indictment - 4 years Imprisonment and/or fine
Threatening with Offensive Weapon in Public - S.1(A) Prevention of Crime Act 1953
Triable either way
Summary - 12 moths and/or fine
Indictment - 4 years and/or fine
Threatening with a Corrosive Substance, Blade or Pointed Article or an Offensive Weapon in a Private Place - S.52(1) Offensive Weapon Act 2019
Triable Either Way
Summary - 12 months and/or fine
Indictment - 4 years and/or fine
Threatening with Article, Blade, Point or Offensicce Weapon - S.139 Criminal Justice Act 1988
Triable Either Way
Summary - 12 months and/or fine
Indictment - 4 years and/or fine
Possession of Corrosive Substances - S.6 Offensive Weapons Act
Summary Only - 12 months and/or fine
