Offensive Weapons, Bladed Articles and Going Equipped

Question 1

Define Section 1 prevention of crime act 1953

Answer 1

Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon, shall be guilty of an offence.

Question 2

Explain the points to prove in relation to Section 1 prevention of crime act 1953 (offensive weapons)

Answer 2

1. Lawful authority - lawful authority to carry weapons.
2. Reasonable excuse - Instant use (finds a brick when in immediate danger), Innocent reason, forgetfulness. Ignorance and possession to commit suicide are not reasonable excuses.
3. Proof whereof shall lie on him - the burden of proof is on the defendant on the defense of lawful authority or reasonable excuse.
4. Has with him - person is in some form of immediate control over the item.
5. Public place - Highway or a place to which the public have access by pavement or otherwise.
6. Offensive weapon - any article which is made or adapted for the purpose of causing injury to the person, or intended by the person, having it with him for such use by him or some other person.

Question 3

Describe the 3 categories of offensive weapons

Answer 3

1. Those made for causing injury
2. Those adapted for injury
3. Those intended by a person who has it for use by themselves or some other person to cause injury

Question 4

Define section 139 criminal justice act 1988 (sharply pointed, bladed articles)

Answer 4

It is an offence for a person to have with him any article which has a blade or is sharply pointed, except a folding pocket knife, in a public place without good reason or lawful authority, the onus of proof being on the carrier.

Question 5

Explain what is considered as a bladed article or a sharply pointed article

Answer 5

Bladed articles - any knife at all from one manufactured as an offensive weapon to a tool or a kitchen knife.

Sharply Pointed Articles - Any sharply pointed article or any article having a blade. Examples could include; a sharpened screwdriver, a sword stick, a spear.

Question 6

Explain a folding pocket knife under section 139 criminal justice act 1988

Answer 6

Folding pocket knives that have a blade where the cutting edge is less than 7.62 cm (3 inches) long are excluded.

Question 7

State some defences for holding an offensive article

Answer 7

As well as good reason or lawful authority, these other defences are also covered by S4 and S5 of the Criminal Justice Act 1988:
* For use at work - a Stanley knife could be used by a carpet layer, a chef could use sharp knives.
* For religious reasons – a Sikh kirpan
* As part of a national costume - a skean dhu in highland dress

Question 8

What are some further offences in relation to Section 1 prevention of crime act 1953

Answer 8

1. S139A(1) Criminal Justice Act 1988 - Any person who has an article which has a blade or is sharply pointed with them on school premises, without good reason or lawful authority, commits an offence
2. S139A(2) Criminal Justice Act 1988 - Any person who has an offensive weapon with them on school premises commits an offence
3. S139AA Criminal Justice Act 1988 - Threatening with a bladed or sharply pointed article
4. S1A Prevention of Crime Act 1953 - Threatening with an offensive weapon
5. S141 Criminal Justice Act 1988 - Manufacture, sale & hire
   of offensive weapons
6. S141A Criminal Justice Act 1988 - Selling knives, knife blades, razor blades, axes to anyone under the age of 18 years

Question 9

Define Section 25 of the theft act 1968

Answer 9

S 25 theft act 1968 - Going equipped

A person shall be guilty of an offence if when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.

Question 10

Explain the points to prove in an offence of going equiped

Answer 10

1. Place of abode - where they reside
2. Has with him - Generally means the article must be readily available, with some degree of immediate control. The person must be aware of the presence of the article.
3. Any article - Any article for use in the course of, or in connection with means that it does not have to be for the person carrying it as long as its proved it was for use in connection etc.
4. Burglary or theft - effectively mean that the possession of the articles must occur before the commission of the target offence