Offensive Weapons Flashcards
Offensive Weapons and Points and Blades
What legislation defines the offence of possession of an offensive weapon in a public place?
The Prevention of Crime Act 1953 (Section 1)
The Prevention of Crime Act 1953 Section 1: Definition
Any person who without lawful authority or reasonable excuse, the proof thereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
The Prevention of Crime Act 1953 Section 1: Points to Prove
- Any person who without
- Lawful authority
OR - Reasonable excuse
- Has with him
- In any public place
- Any offensive weapon
- Made / Adapted / Intented
What is a ‘made’ offensive weapon?
An item that has no other practical purpose then causing harm
What is an ‘adapted’ offensive weapon?
A regular item, modified to cause harm
What is an ‘intended’ offensive weapon?
An item not made or adapted to injure
What legislation defines the offence of threatening with an offensive weapon in public?
Section 1(a) Prevention of Crime Act 1953
The Prevention of Crime Act 1953 Section 1(a): Points to Prove
- Has an offensive weapon with them
- In a public place
- Unlawfully & intentionally threatens another person
- With the weapon
- And does so in such a way that there is an immediate risk of serious physical harm to that other person
What legislation defines the offence of threatening with an offensive weapon in private?
Section 52 Offensive Weapons Act 2019
What legislation defines the offence of carrying a bladed or pointed article in a public place?
Section 139 Criminal Justice Act 1988
Is a screwdriver classed as a bladed or pointed article under S139 Criminal Justice Act 1988?
No
What length is legal for penknife?
7.62 cm (3 inches)
Only applies to non-lockable folding pocket knives
What defences are valid under points and blades (S139 CJA 1988)
- For use at work
- For religious reasons
- Part of any national costume
What legislation defines the offence of carrying a bladed or pointed article on educational premises?
Section 139A Criminal Justice Act 1988
Does a university count as an education premises under Section 139A CJA 1988?
No
What does Section 139B Criminal Justice Act 1988 allow for?
Allows police officers and teachers the power to enter and search on a school premises for pointed & bladed articles
Section 139B Criminal Justice Act 1988: Definition
A constable may enter school premises and search those premises and any person on those premises for
a) Any article to which Section 139 of this act applies, or
b) Any offensive weapons within the meaning of Section 1 Prevention of Crime Act 1953
Section 139AA Criminal Justice Act 1988: Definition
A person is guilty of an offence if that person:
- Has an article with a blade or point or offensive weapon in a public place or on educational premises
- Unlawfully and intentionally threatens another person with the article, in such a way that they fear physical harm
Adds schools and points & blades to Section 1(a) Prevention of Crime Act
What two things must a knife be to be legal under points and blades?
- Non-lockable
- Folding
What power allows searches for pointed or bladed articles on a school’s premises?
Section 139B Criminal Justice Act 1988
What part of a school cannot be searched under Section 139B Criminal Justice Act 1988?
Caretaker’s premises
