Unit 4 Lesson 7.2 Offensive Weapons Part 2 Flashcards
What is s49(1) Criminal Law (Consolidation) (Scotland) Act 1995
Creates an offence for:-
Any person
Who has a bladed or sharply pointed article
In a public place
Shall be guilty of an offence
As with section 47 public place means any place other than:-
- domestic premises i.e. premises occupied as a private dwelling and includes any stair, passage, garden, yard, garage, outhouse, or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling
- school premises
- a prison
What is a bladed article?
An article having a blade
A folding pocket knife with a blade, the cutting edge of which does not exceed 3 inches, is EXEMPT
However, if such a knife locks in the open position, it is not a founding pocket knife and therefore is not except.
What is a sharply pointed article?
General term, is intended to cover such things as a syringe needle or darts.
Defences for s49 Criminal Law (Consolidation) (Scotland) Act 1995
Reasonable excuse or lawful authority for their possession of the article
Defence to show that the article was carried:-
- for use at work, or
- for religious reasons, or
- as part of a national costume.
Power of search for s49 Criminal Law (Consolidation) (Scotland) Act 1995
Section 50 (1) Criminal Law (Consolidation) (Scotland) Act 1995.
Similar to s49 offensive weapons search.
We are constable has reasonable cause to suspect that a person has committed or is committing an offence under section 49, the constable may:-
- search that person, without warrant, and
- detain them for such a time as is reasonably necessary for the search
- provided that they inform the person of the reason for their detention
While s49 can only be committed in a public place. The search can be done in any place the constable has the right to be in at that time
NO POWER TO STOP AND SEARCH VEHICLES
S52(2) obligates you to inform them of the reason for their detention
Police powers for s49
Punishable by imprisonment and arrest under s1 of Criminal Justice (Scotland) Act 2016 should be considered
Law in relation to obstructing a search?
Anyone who:
A) intentionally obstructs a constable when exercising their powers of search or
B) conceals any article to which s49 of the act applies
Commits an offence under s50(4) of the Criminal Law (Consolidation) (Scotland) Act 1995
What is the law in relation to weapons or bladed or sharply pointed articles in schools?
Section 49A of the Criminal Law (Consolidation) (Scotland) Act 1995
It is an offence for any person to have with them on school premises
S49A(1) an article with a blade or sharp point as defined in s49
S49A(2) an offensive weapon as defined in s47
What are school premises
Any land used for the purposes of a school, but excludes land occupied solely as a dwelling by a person employed by the school
Defences for 49A
The person charged possessed the item with general reasonable excuse or lawful authority or specifically the person had the item:-
- for educational purposes
- for use at work
- for religious reasons
- as part of a national costume
Laws in relation to searching on a school premises?
S49B Criminal Law (Consolidation) (Scotland) Act 1995
You may enter school premises by reasonable force if necessary and search the premises and any persons found within the premises for Knifes and offensive weapons
What is s1 Restriction of Offensive Weapons Act 1959
It is an offence for any person to import, manufacture, gift, loan, sell, or offer to sell any flick knife or gravity knife
LOGISM Loan Offer to sell Gift Import Sell manufacture
What is s141 Criminal justice Act 1988
The offence is identical to s1 Restriction of Offensive weapons act 1959 except it refers to certain types of martial arts weapons
Most common Belt buckle knife Push dagger Butterfly knife Sword stick Knuckle duster Hand claw Foot claw Death Star Disguised knife Friction lock Hatton
