Offensive Weapons & Bladed Articles Flashcards
What is Section 1(1) Prevention of Crime Act 1953?
Offensive Weapons In A Public Place
What is Section 1A Prevention of Crime Ac 1953?
Threatening With Offensive Weapon In Public
What is Section 139 Criminal Justice Act 1988?
Having Bladed Or Sharply Pointed Article In Public Place
Scenario: A person is caught carrying an offensive weapon on them in a public place. They claim that they were not aware they had it with them.
Question: Are they still guilty of an offence and if so what offence?
Yes, there is no defence for not knowing that they had an offensive weapon on them in a public place. The offence will fall under Section 1(1) of the Prevention of Crime Act 1953.
What are the four points to prove for Section 1 - Prevention of Crime Act 1953?
- Without lawful authority or reasonable excuse
- Has with him/her
- In a public place
- An offensive weapon
For offensive weapons in a public place, what does ‘has with them’ mean?
Much narrower than possession:
‘Has with them’ is readily to hand / readily accessible
What is instant arming in relation to offensive weapons in a public place?
No offence is committed when a person who
was already innocently using an item – uses
that item instantly when confronted by a threat
Example – a butcher at work with a meat cleaver – using it to defend themselves when attacked -Would not be guilty of ‘possession’ of an offensive weapon as the use of the meat clever was ‘instant use’
What are the 4 defences for threatening with an offensive weapon in public?
Purpose 1 – SELF DEFENCE
Purpose 2 – DEFENCE OF OTHERS
Purpose 3 – DEFENCE OF PROPERTY
Purpose 4 – PREVENTION OF CRIME
Under 139(1) CJA - What is the exemptions for a knife
Exempt – Non-locking blade of 3 inches or
less (7.62cm)
Not Exempt – Locking blade less than 3
inches or locking and non locking blade longer than 3 inches
IF IT LOCKS – IT’S AN OFFENCE
