Offensive Weapons

Question 1

Defences of section 47?

Answer 1

Defence to show they had a reasonable excuse or lawful authority to have the weapon with them in a public place

LAWFUL: course of duty
REASONABLE EXCUSE: 
- employment
- national dress
- work
- religion

Question 2

What is an offence under Section 47 Criminal consolidation (sco) act 1995 ?

Answer 2

Any person who:

Has with him in a public place

Any offensive weapon

Commits an offence

MUST BE PROVED BEYOND REASONABLE DOUBT

Question 3

Public places in respect of s.47 are in place other than…

Answer 3

Domestic premises
School premises (s.49 a or c)
Prison (49 a or c)

Question 4

What is an offensive weapon?

Answer 4

Includes any article MADE or ADAPTED for the use of causing injury
or INTENDED by the person having it with them for such use either by themselves or by some other person

Question 5

Which section provides power of search?

Answer 5

S.48(1) states that:

When a Constable has reasonable grounds to suspect that a person is carrying an off weapon and has or is committing an offence under s.47 they may:
Search without warrant
Inform and Detain them for a reasonable time

Question 6

Power of arrest?

Answer 6

Unconditional

Question 7

How do we deal with obstruction ?

Answer 7

Anyone who
A. Intentionally obstructs or
B. Actively conceals an offensive weapon

Commits an offence and may be arrested unconditionally