Offensive Weapons Flashcards
What are the defences to sec 47, carrying an offensive weapon in public?
Employment
Religious belief
National dress
What offence exists for having an offensive weapon? What power of arrest exists?
an offence to have an offensive weapon in public.
Gives an unconditional power of arrest.
When is it legal to carry an offensive weapon?
As a lawful authority (police/armed forces) or reasonable excuse.
What is a public place?
Not a school
Not a prison
Not a domestic dwelling
What categories of offensive weapons are there?
Made
Adapted
Intended
Define offensive weapon…
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 themselves or some other person.
What power of search exists for a person suspected of carrying an offensive weapon?
Power to search a person you reasonably suspect of committing offence under sec 47 as long as you:
Detain for as long as reasonably necessary for search.
Inform the suspect of your reason for searching.
Seize any article found.
What offence exists in relation to obstruction? What power of arrest exists for this?
Makes it an offence to obstruct an officer during an offensive weapon search and to actively conceal a weapon at the time of the search. Sec 48(3) provides unconditional power of arrest for anyone committing this offence.
What is the offence exists in relation to a bladed or pointed article?
To carry a bladed or sharply pointed article in a public place
What are the exceptions for bladed article?
Any cutting edge 3” or less which does not lock out.
What are the defences for carrying a bladed or sharply pointed article?
Employment
National dress
Religious beliefs
Or if in school, also education purposes
What powers of search exist for searching for bladed or sharply pointed article?
Sec 50(1) if:
Reasonable grounds to suspect
Detain for reasonable time needed for search
Sec 50(2) creates an obligation for you to inform them of reason for search.
What is your power of arrest if offensive weapon found?
Unconditional (sec 50(3) ) power of arrest.
What offences exist for schools?
Makes it an offence to have in a school:
A bladed or sharply pointed article (sec 49 A (1))
An offensive weapon (sec 47 A (2)).
What are defences for having an offensive weapon or bladed article in a school?
Educational purposes
Employment
National dress
Religious beliefs