Offensive Weapons Flashcards
S1 Prevention of Crime Act 1953 makes it a criminal offence to…
…carry a weapon in a public place without lawful authority or reasonable excuse.
What are made offensive weapons?
Is proof of intent required?
Items purely designed for causing injury to another, such as flick knives, knuckledusters and batons.
They serve no other purpose and, as such, there is no requirement to prove any intention to use the item
What are adapted weapons?
Adapted weapons are innocent items that have been deliberately altered in some way to turn them into weapons.
A screwdriver with a deliberately sharpened point or a baseball bat hammered in with nails to make a spiky club are both examples of adapted weapons.
What are intended weapons?
Any item in the suspects possession, with which he/she INTENDS to cause injury
e.g. if someone becomes involved in an altercation on the street and they take their belt off to use as a weapon, the belt becomes an intended weapon.
Possession alone will not be an offence; must demonstrate suspect intended to use it to cause injury. As such, the burden of proof lies with proving that they carried it intending to use it to cause injury. This proof can come from questioning the suspect.
There are some very limited circumstances in which a suspect may put forward a reasonable excuse for having a weapon in their possession, the burden of proving lies with the defendant on the balance of probabilities.
“Instant arming” – If someone is being attacked and reaches out for an item close at hand and uses it as a weapon in self-defence, they will not commit this offence.
Used in their trade – When someone is in possession of an item because it is used in their trade, such as a chainsaw being carried by a tree surgeon
Unreasonable excuses have been established by case law. Some of the most common ones which will not provide a defence include:
Forgetfulness - R v McCalla (1988) (e.g forgetting weapon in glovebox).
Ignorance - R v Densu (1997) (e.g not knowing true identity of article).
General self-defence - Evans v Hughes (1972) (e.g just in case he/she is attacked).
State The Criminal Justice Act 1988, s139(1)
Any person who has:
an article which is bladed…
…or sharply pointed…
…with him in any public place…
…without lawful authority or good reason…
…shall be guilty of an offence.
Any person who has:
an article which is bladed…
…or sharply pointed…
…with him in any public place…
…without lawful authority or good reason…
…shall be guilty of an offence.
Legislation?
s 139(1) of The Criminal Justice Act 1988
What are Bladed Articles?
Anything with a blade.
Pocket knives with a blade less than 3 inches (7.62cm) long which cannot be locked in the open position are EXEMPT.
Lock-knives of any size, however, are included in the legislation, as is any kind of pocket knife or folding knife with a blade larger than 3 inches long.
What are Sharply-Pointed Articles?
These can include almost any item with a sharp point. Common sense must apply though.
This law was not intended to see schoolchildren arrested for carrying geometry sets on their way to school.
Penalties for carrying offensive weapons
The penalty under s.139 Criminal Justice Act 1988 is a maximum of four years’ imprisonment.
In general, if someone is in possession of a weapon, the offence under s.1 Prevention of Crime Act 1953 will be preferred - flick knives, concealed blades etc. should be charged under that legislation rather than s.139 CJA 1988, even though they fall into both sets of legislation, as the penalty and starting point for sentencing are both higher.
s.139A Criminal Justice Act 1988 extended the scope of the act by broadening “public place” to include what?
school premises. This included any land being used for the purposes of a school, including playgrounds and fields.
- s.139A(1) CJA 1988 refers to or sharply pointed article in a school
- s139A(2) CJA 1988 covers other offensive weapons in a school.
s.139A Criminal Justice Act 1988 allows officers to do what?
This act also allows officers to enter school premises, by reasonable force if necessary, and search people and premises under s.139B CJA.
Any weapons found can also be seized under s.139B CJA.
Weapons in a public place
Legislation?
s 1 Prevention of Crime Act 1953
Any person who without
Lawful authority
Has with them in any public place
Any offensive weapon
Shall be guilty of an offence
Triable either way and the penalty is a fine or imprisonment (6 months if tried summarily and four years if tried indictment).
Weapons on a school premises
Legislation?
s 139A(2) Criminal Justice Act 1988
Any person who without
Reasonable excuse
Has with them on a school premises
Any offensive weapon
Shall be guilty of an offence
Offence of threatening with article with blade or point or offensive weapon
s142 Legal Aid, Sentencing and Punishment of Offenders Act 2012
(1) A person is guilty of an offence if that person—
(a) has an article to which this section applies with him or her in a public place or on school premises,
(b) unlawfully and intentionally threatens another person with the article, and
(c) does so in such a way that there is an immediate risk of serious physical harm to that other person.
The maximum sentence under this offence is 4 years’ imprisonment.
The Restriction of Offensive Weapons Act 1959 prevents what?
the manufacture, sale, hire, lending or giving of; any knife which opens automatically i.e. a flick knife, or a knife where the blade is released from the handle or sheath by the force of gravity i.e. a gravity knife.
This Act also prohibits the importation of the above articles.
An offensive weapon for the purposes of the Prevention of Crime Act 1953 is…
Any article ‘made, adapted or intended’ for causing injury (s 1(4))
s28 Violent Crime Reduction Act 2006
In this section “dangerous weapon” means—
(a) a firearm other than an air weapon or a component part of, or accessory to, an air weapon; or
(b) a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (c. 33) applies (specified offensive weapons, knives and bladed weapons).
Under what legislation does a police officer have the power to search for offensive weapons?
s 1 of the PACE Act 1984.
What are some possible defences for possessing a bladed or sharply pointed article in a public place?
Lawful authority (e.g police after seizure)
For use at work
Religious reasons (Sikh’s carrying kirpans)
Part of any national costume (e.g Scots carrying a skean dhu).
A police officer on patrol notices some scissors and several craft knives inside a vehicle on the floor by the passenger seat. What needs to be considered and what action might be needed?
- Does the driver have a reasonable excuse for the presence of items?
- Who do the items belong to?
- Does it seem likely a crime could be prevented if investigated further?
- How could a police officer progress this matter further?
- Could a police officer deal with the matter by reporting the suspect?
Section 139A of the Criminal Justice Act 1998 prohibits what?
Certain weapons on school premises (s 139A(1) for bladed or sharply pointed articles, and s 139A(2) for other offensive weapons.
Offence to threaten a person in a public place or school penalties?
Due to their location, these are aggravated offences.
Triable either way and the penalty is a fine or imprisonment (1 year if trialled summarily and 4 years on indictment).
If suspect found not guilty of aggravated offence at court, he/she can still be found guilty of one of the relevant basic possession offences (s 10 of the Prevention of Crime Act 1953 and s 12 of the CJA 1988
s 64 of the Offences Against the Person Act 1861 prohibits what?
It is an offence to possess, make or manufacture any item with intent to commit, or enable any other person to commit, any other offence within the Act.
The items include explosive substances, machines, and ‘any other dangerous or noxious thing’.
Imprisonment for up to two years.
For certain weapons, it is an offensive to manufacture, import, sale or hire such an item…
If the weapon in question is a ‘specified weapon’ the offence is committed under what…?
For a flick knife or gravity knife, the offence is committed under…?
s 141 of the Criminal Justice Act 1988
s 1 of the Restriction of Offence Weapons Act 1959
These are both summary offences, with a penalty of 6 months imprisonment and a fine.
s 141A (1) of the Criminal Justice Act 1988 offence?
Any person who sells to a person under the age of 18 years an article to which this section applies shall be guilty of an offence
and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine
Give examples of prohibited weapons contrary to S141 of the Criminal Justice Act 1988.
Knuckleduster Swordstick Handclaw Butterfly knife Flick Knife Gravity Knife Flick Gun Footclaw
State the powers of arrest for possession of an offensive weapon in a public place.
Arrestable offence under 24(2) PACE
DURRANT is walking down his local high street when he is stopped by police. One of the officers sees something that looks like a weapon in the waistband of his trousers and he is searched. The officers find a set of knuckledusters tucked into his trousers. DURRANT is arrested, but he protests that he hasn’t committed any offence by being in possession of them. Is DURRANT correct and, either way, why?
No - DURRANT has committed an offence by merely being in possession of a “made” offensive weapon
NASH is working behind a shop counter when a male comes in brandishing a knife, demanding that she hand over her takings. NASH panics and picks up a Stanley Knife that she keeps close by for opening boxes. As the male leans over the counter, she lashes out with the knife and slashes him in the face. The male runs out of the store bleeding heavily from his wound. Consider offensive weapon legislation, has NASH committed an offence in these circumstances?
No - NASH has picked up the knife in self-defence and is “instantly arming” herself
NORTHEY is a schoolgirl who has recently been bullied inside and outside of school, on some occasions physically. In order to protect herself from further attacks in the future, NORTHEY has taken to carrying a small flick knife in her bag in case she is attacked so that she can use it to fend the bullies off. Does NORTHEY commit an offence in these circumstances?
Yes - Even though it is for “protection”, NORTHEY is still carrying a weapon intending to use it
WALLACE is a female office worker who often stays late. She has read a lot about attacks on females in the news in the area where she lives. She carries a small pen knife measuring 5cm in length, which does not lock into position. She carries this with the intention to use it to defend herself if attacked on her commute home. Which of the following statements is correct?
WALLACE commits the offence of carrying an intended offensive weapon with reference to section 1 Prevention of Crime Act 1953
Section 141A of the Criminal Justice Act 1988 makes it an offence to sell or let or hire to a person under 18 years:
any knife, knife blade or razor blade
any axe
any sword
any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person
What are the main legislations to remember?
s1 Prevention of Crime Act 1953 (weapon in public place).
s64 Offences Against the Person Act 1861 (possess, make or manufacture any item with intent to commit an act)
s139 The Criminal Justice Act 1988 (bladed/ sharply pointed articles in a public place).
s139A Criminal Justice Act 1988 (weapon in schools).
s 141A (1) of the Criminal Justice Act 1988 (selling weapons to a person under 18)
s142 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (threatening with a weapon in a public place).
What are the two types of imitation firearms?
s57: General imitations – those which have the appearance of firearms. Can’t just hold your fingers under your coat.
s1: Imitations of s1 Firearms: have their appearance and can be converted into such a firearm.
What is a ‘prohibited weapon’?
s5 Firearms Act 1968
Covers the more powerful or potentially destructive firearms and their ammunition.
