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National Police Promotion Exam > Weapons > Flashcards

Weapons Flashcards

1
Q

When does a person commit and offence in relation to an offensive weapon

A

They commit an offence if they have with them without lawful authority or reasonable excuse an offensive weapon in A PUBLIC PLACE

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2
Q

What is the state of mind for this offence

A

Strict liability - HAS WITH THEM no need for mens rea

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3
Q

What if the person forgot the weapon was there?

A

No that is not a reasonable excuse

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4
Q

What if the weapon was in a private place

A

No offence - The person must have the weapon in a public place

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5
Q

If a weapon is offensive per se do you have to prove intent

A

No - Davis v Alexander

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6
Q

Would a worker carrying tools of their trade have a reasonable excuse for an offensive weapon

A

Yes

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7
Q

Would a person who sees a weapon on the ground and picks it up intenting to take it to the nearest Police Station have a reasonable excuse to have an offensive weapon

A

Yes

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8
Q

Would a security guard who is anticipating an attack have a reasonable excuse

A

May Yes

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9
Q

Would a taxi driver who forgot to remove a weapon from their boot which was left by a passenger have an excuse

A

Yes

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10
Q

Would a security guard who has it written into their contrat that they should carry a truncheon have a lawful excuse to carry an offensive weapon

A

No - They do not have lawful authority

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11
Q

If a person forgets they have the weapon on them, is that a reasonable excuse

A

No

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12
Q

If the person is unaware they have an offensive weapon with them in their vehicle is that a reasonable excuse

A

No - Note the difference with a taxi driver who had the weapon left by a passenger.

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13
Q

Is it an excuse to carry a weapon just in case

A

No this is an offense

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14
Q

Is it an offense to have a weapon if an attack is anticipated

A

Yes this could be lawful possession.

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15
Q

Is it an offence to instantly use a weapon once confronted by a threat which had been, being used innocently.

A

No - No offence of offensive weapon.

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16
Q

When do you have to form the intent to use the weapon of an innocent item.

A

Before the item is picked up. ie if a builder who was innocently using a hammer, got into an argument and used the hammer. Although they have committed an assault they will not have used an offensive weapon as they had the item prior to forming the intent to use it as a weapon.

17
Q

When does a person commit the offence of threatening with an offensive weapon.

A

Has with them an offensive weapon in a public place/
They unlawfully and intentionally threaten another with the weapon.
They do so in such a way to cause the fear of immediate risk to GBH

18
Q

In the case of threatening with an offensive weapon - What if the person was threatening for a lawful purpose - protect life / property / life of another etc.

A

No offence.

19
Q

Is a university a school premises in relation to the offence of having a bladed or sharply pointed article on school premises.

A

No

20
Q

Is the caretaker or headmasters house used as a dwelling a school premises in relation to the offence of having a bladed or sharply pointed article on school premises.

A

No

21
Q

Is a folding pocket knife with a blade less than 3 inches a bladed or sharply pointed article.

A

No

22
Q

When can a teacher search pupils for a knife or weapon

A

When they have reasonable grounds to suspect a pupil has a knife, bladed article or an offensive weapon.

23
Q

Where can a teacher search pupils for a knife or weapon

A

On premises - i.e the teacher and pupil are on school premises.
Off school premises under the control of the teacher - ie a school trip.

24
Q

Which teachers can conduct a search of a pupil for a knife or weapon

A

The headmaster or a teacher authorised by the headmaster.

25
Q

What sex does the teacher have to be to conduct a search of a pupil for a knife or weapon

A

The same sex as the pupil

26
Q

How many teachers need to be present to search a pupil for a knife or weapon

A

Two - both same sex if reasonably praticable

27
Q

Can a teacher search a pupils possessions

A

yes in the presence of the pupil and another teacher

28
Q

What is the extent of the search a teacher can make on a pupil for a knife or weapon

A

They can remove outer clothing.

29
Q

If a teacher seizes a knife what must they do with it

A

Deliver it to a constable as soon as practicable.

30
Q

What is it an offence to do with a gravity knife or flick knife

A

Manufacture / sell/ hire / lend or give

31
Q

What is the age you can not sell knifes a knife bladed a razor blade an axe to

A

Anyone under the age of 18

32
Q

Is it an offence to sell a Wilkinson sword razor blade to a person under the age of 18

A

No - This is a cartridge blade.

33
Q

Is it an offence to market a knife as “The Killer” used by Special Forces

A

Yes - Any marketing that states it is suitable for combat or encourages violent behaviour.

34
Q

How old do you have to be to purchase or have with you a crossbow

A

18

35
Q

Is it an offence to have with you a cross bow if you are under 18 but are accompanied by a 21 year old

A

No

36
Q

What does the draw weight of the crossbow have to be to make it an offence to have it with you under 18

A

1.4kg

37
Q

What is the power of search in relation to a crossbow act

A

A constable who suspects a person has committed or is committing an offence may search the person or any vehicle for the crossbow or part of it.

38
Q

Is there a power of entry under the crossbow act

A

Yes to any land other than a dwelling

39
Q

Does the officer have to be in uniform to search under the crossbow act

A

No

National Police Promotion Exam (50 decks)

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