Offensive Weapons + 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

Why was the Prevention of Crime Act 1953 established?

Answer 2

Prevent people arming themselves with articles capable of causing injury rather than dealing with them after the injury has been caused. Preventative measure.

Question 3

Give example of lawful authority

Answer 3

Police officer carrying batton
Armed forces carrying firearm

Question 4

Explain Instant Use

Answer 4

Woman picks up brick and hits man who is threatening to harm. Instant use of an Innocent Article.

Question 5

Give example of Innocent Reason

Answer 5

Martial arts trainer taking weapon to class

Question 6

What can sometimes be classed as Reasonable Excuses?

Answer 6

Self defence/Instant use of innocent article
Innocent Reason
Forgetfulness

Question 7

What are not classed as Reasonable Excuses?

Answer 7

Ignorance
Possession to commit suicide

Question 8

Explain “Has with him”

Answer 8

Suspect has immediate control over article.
Knowledge over existing article
To hand + ready to use

Question 9

What does an offensive weapon need to be?

Answer 9

MADE
ADAPTED
INTENDED
to cause injury

Question 10

List the 7 parts of the Offensive Weapon Act 2019 (OWA)

Answer 10

1 - Corrosive Substances
2 - Knife Crime + Prevention Orders
3 - Sale + Delivery of Knives
4 - Possession of certain of certain Offensive Weapons
5 - Threatening with Offensive Weapons
6 - Firearms
7 - Enforcement

Question 11

Explain Section 43 Offensive Weapons Act 2019

Answer 11

Amendment to definition of flick knife
Any knife which has a blade which opens automatically from closed position to fully open position or partially open to fully open position.

Question 12

Explain Section 46 Offensive Weapons Act 2019

Answer 12

Prohibition on the Possession of Offensive Weapons.
Offense to possess things in private e.g knuckle dusters, butterfly knife, sword.
Summary offence. 6 months and/or fine.

Question 13

Explain Section 47 Offensive Weapons Act 2019

Answer 13

Some new defences/amendments for articles used for religious purposes.

Question 14

What powers to police have to seize offensive weapons?

Answer 14

Section 1 PACE 1984 Stop Search

Question 15

What Legislation relates to Offensive Weapons?

Answer 15

Section 1(1) Prevention of Crime Act 1953
Section 139 (1) Criminal Justice Act 1988
Section 25(1) Theft Act 1968

Question 16

Explain Section 139(1) Criminal Justice Act 1988

Answer 16

Bladed or Sharply Pointed Articles.

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

Example - any knife sharply pointed from manufactured as an offensive weapon to a basic kitchen knife.

Question 17

What defences are there in relation to Section 139(1) Criminal Justice Act 1988

(Bladed/Sharply Pointed)

Answer 17

For use in work

Part of National Costume

Religious Reasons

Question 18

Define Section 1 PACE

Answer 18

A police constable may detain in order to search
Any person or vehicle
Anything which is in or on vehicle
In any place to which public has access
If he/she has reasonable grounds to SUSPECT that
STOLEN or PROHIBITED ARTICLES,
PROHIBITED FIREWORK,
BLADED OR SHARPLY POINTED ARTICLE WILL BE FOUND.

Question 19

What are the Further Offences in relation to Section 139 Criminal Justice Act 1988?

Answer 19

Section 139A(1) Criminal Justice Act 1988

• Bladed/sharply pointed article on school premises

Section 139(A)2 Criminal Justice Act 1988

• Offensive Weapon on school premises.

Question 20

Define Section 25 Theft Act 1968

Answer 20

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
Burglary or Theft