Offensive Weapons

Question 1

Key legislation

Answer 1

s1 Prevention of Crime Act 1953, s139 Criminal Justice Act 1988

Question 2

Possession of an offensive weapon

Answer 2

s1 Prevention of Crime Act 1953 - offence of carrying a weapon in a public place without lawful authority. Made offensive weapons, adapted weapons and intended weapons.

Question 3

Reasonable excuse

Answer 3

Can mean there is no offence - instant arming - where under threat a person reaches out for an item close at hand and uses it in self defence.

Question 4

Possessing a bladed or sharply pointed article in a public place

Answer 4

s139 Criminal Justice Act 1988 makes it an offence to carry a bladed or sharply pointed object in a public place without reasonable excuse or lawful authority. Bladed article - including pocket knives exceeding 3 inches long which can be locked in the open position.

Question 5

General defences

Answer 5

Include lawful authority, reasonable excuse, for use at work, religious reasons or part of a national costume.

Question 6

Threatening with a weapon in a public place

Answer 6

s142 LASPOA inserts s1A into the Prevention of Crime Act 1953 if the weapon would fall under s1 of that Act and s139AA into the Criminal Justice Act 1988 if regarding a blade/sharply pointed article. Offence to have weapon, threaten another, in a way that there is an immediate risk of serious physical harm to that person.

Question 7

Weapons in schools

Answer 7

s139A Criminal Justice Act 1988 makes schools public places. Allows officers to enter school premises, by reasonable force if necessary, and search. Weapons can be seized under s139B.

Question 8

Arranging the minding of a dangerous weapon

Answer 8

s28 Violent Crime Reduction Act 2006 - to prevent gang members using a child under the age of criminal responsibility to mind weapons for them.