Stop and Search Related Offences

Question 1

What Act covers ‘Bladed & Sharply Pointed Articles’?

Answer 1

Section 139(1) Criminal Justice Act 1988

Question 2

What constitutes to the offence?

Answer 2

1) Has with him (blade or sharply pointed)(except folding pocket knife)
2) In a public Place
3) without good reason or lawful authority

Question 3

What Blade is legal to carry

Answer 3

Folding pocket knife with a blade less than 3 inches (7.62cm)

Question 4

‘Has with him’ refers to Actual possession which means:

Answer 4

• Carried on their person
• In their handbag or rucksack
• next to them on the seat of their car
• same place as him under his immediate control

Question 5

Sharply pointed includes

Answer 5

• Screw drivers and chisels
• syringes
• Sharpened end of an umbrella
• Hatpins

Question 6

What is classed as a public place?

Answer 6

At the time of the offence, the public has access or is permitted access, whether on payment or otherwise

Question 7

What reasons are good reasons or lawful excuse?

Answer 7

• use at work
• religious reasons
• National costume
• Emergency services

Question 8

What Act covers ‘Offensive Weapons’?

Answer 8

Section 1(1) Prevention of Crime Act 1953

Question 9

What is an offensive weapons?

Answer 9

Any article which is:

• Made
• Adapted for causing injury
• Any article intended for causing injury by person that has it.

Question 10

When is a person guilty of offensive weapon?

Answer 10

They have it in a public place with no reasonable excuse

Question 11

What is a disguised knife?

Answer 11

A concealed blade or sharp point designed to appear as an everyday object.

Question 12

What Act covers ‘Going Equipped’?

Answer 12

Section 25(1) Theft Act 1968

Question 13

When is a person guilty of ‘going equipped?

Answer 13

• When not in their place of abode, has with them any article for use in the course of or in the connection with any burglary or theft.
• There must be intent to use article in burglary or theft

Question 14

What is meant by ‘place of abode’?

Answer 14

Where they are living at the time (can include their car).

• in their own home , they may lawfully possess anything they intend to us in crime and will not be guilty.

Question 15

What type of offence is ‘Going equipped’?

Answer 15

Either-way offence
Summary: 6 month in prison and/or fine
Indictment: Three years imprisonment

Question 16

What Act covers Having Bladed Articles or Offensive Weapons on School Premises?

Answer 16

Section 139a Criminal Justice Act 1988

Question 17

Who is guilty of having a bladed or sharply pointed article or offensive weapon on school premises?

Answer 17

Any person who has an article which
has a blade or is sharply pointed (as per s.139)
with him on School Premises
commits an offence.

Question 18

What is a school premises

Answer 18

means any land used for the purposes of a school, EXCEPT land occupied solely as a dwelling by a person employed by the school

(DOES NOT INCLUDE CARETAKERS HOME)

Question 19

What is the defence of having a bladed or sharply pointed article or offensive weapon on school premises?

Answer 19

Good reason or lawful authority
Additionally:
For use at work. 
For educational purposes. 
For religious reasons, or 
As part of any national costume.

Question 20

What are your powers of entry and search for a school premises?

Answer 20

A constable may enter school premises, search those premises & any person on those premises for:
Any article which has a blade or is sharply pointed as defined in Section 139, or
Any offensive weapon as defined by Section 1 of the Prevention of Crime Act 1953.
If he has reasonable grounds for suspecting that an offence under section 139A or 139AA has been or is being committed.