Offensive Weapons + Going Equipped Flashcards
Define Section 1 Prevention of Crime Act 1953
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
Why was the Prevention of Crime Act 1953 established?
Prevent people arming themselves with articles capable of causing injury rather than dealing with them after the injury has been caused. Preventative measure.
Give example of lawful authority
Police officer carrying batton
Armed forces carrying firearm
Explain Instant Use
Woman picks up brick and hits man who is threatening to harm. Instant use of an Innocent Article.
Give example of Innocent Reason
Martial arts trainer taking weapon to class
What can sometimes be classed as Reasonable Excuses?
Self defence/Instant use of innocent article
Innocent Reason
Forgetfulness
What are not classed as Reasonable Excuses?
Ignorance
Possession to commit suicide
Explain “Has with him”
Suspect has immediate control over article.
Knowledge over existing article
To hand + ready to use
What does an offensive weapon need to be?
MADE
ADAPTED
INTENDED
to cause injury
List the 7 parts of the Offensive Weapon Act 2019 (OWA)
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
Explain Section 43 Offensive Weapons Act 2019
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.
Explain Section 46 Offensive Weapons Act 2019
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.
Explain Section 47 Offensive Weapons Act 2019
Some new defences/amendments for articles used for religious purposes.
What powers to police have to seize offensive weapons?
Section 1 PACE 1984 Stop Search
What Legislation relates to Offensive Weapons?
Section 1(1) Prevention of Crime Act 1953
Section 139 (1) Criminal Justice Act 1988
Section 25(1) Theft Act 1968
Explain Section 139(1) Criminal Justice Act 1988
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.
What defences are there in relation to Section 139(1) Criminal Justice Act 1988
(Bladed/Sharply Pointed)
For use in work
Part of National Costume
Religious Reasons
Define Section 1 PACE
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.
What are the Further Offences in relation to Section 139 Criminal Justice Act 1988?
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.
Define Section 25 Theft Act 1968
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
