Weapons Flashcards
What is the offence of having an offensive weapon in a public place?
Any person who…
- without lawful excuse
- good reason
- has with them
- in a public place
- an offensive weapon
…is guilty of an offence
The prosecution need only prove something is an offensive weapon then the defence needs to disprove intent to harm or establish a defence.
Who has a lawful excuse to carry an offensive weapon?
- police officers
- armed forces
- NOT security guards; even if entitled by their workplace
Who has a reasonable excuse to carry an offensive weapon?
- people as part of their work (and only going to/from or about their work)
- people who pick up a weapon intending to take it strait to a police station
- remember the example that fancy dress which incorporates a weapon COULD be a reasonable excuse (police officer + truncation)
- it is not a reasonable excuse if you forget you have it (unless you have a medical reason) with you or in your car or are not aware it is there
- it is not an excuse to have it with you for GENERAL protection but could be in response to a specific and unprovoked, unlawful attack
- remember the scenario where the man was threatened 5 MINUETS before and picked up a weapon to defend himself from an unarmed group. Even though he believed he was at risk of imminent attack, it was not reasonable
The prosecution must establish possession of the weapon, then the defence establishes the reasonable excuse
What is an offensive weapon?
- any article
- made
- adapted
- intended
- to cause injury
Made weapons include truncations, bayonets, sword sticks, flick knives, butterfly knives and any knife made with a built in alternate function, like a lighter
Adapted weapons include anything which have been changed to cause injury; broken bottles or glass and a potato with a razor blade in it. Putting ammonia in a jif Lemmon bottle with no physical alteration to the bottle will not could as adapted.
Intended weapons can be literally anything as long as the intent is there.
What is the offence of threatening with an offensive weapon in public?
A person has…
- an offensive weapon on them
- in public
- unlawfully and INTENTIONALLY threatens
- another person
- does so in such a way as there is an IMMEDIATE risk of serious PHYSICAL harm to another person
- potential defences to this could include self defence, defence of property and prevention of crime
- physical harm means GBH
What is a pointed or bladed article?
Any sharply pointed or bladed article including…
- Folding knifes with a cutting edge that DOES NOT EXCEED 3 inches
- a lock knife is always an offence regardless of if it is locked open at the time
- a butter knife can be a bladed article
- a screwdriver is normally not but could be if it were sharpened
What is the offence of points and blades?
A person…
- has WITH HIM an article which is
- pointed
- or bladed
- in a PUBLIC PLACE
…is guilty of an offence
What is the meaning of “has with”
The article must be available to the person or carried with them. A person was not deemed to have with him a blade found in his car when he was in doors.
Is a front garden a public place for possession of a pointed or bladed article?
No, not even if the defendant can attack passers by from there
What is the defence to points and blades?
That the person had the article…
- for good reason (includes self defence such a carrying a knife to protect you from an IMMEDIATE THREAT of harm)
- with a lawful excuse
- as part of a national costume
- for religious reasons
- for work
What is the offence of threats with a pointed or bladed article?
Any person who…
- has in their possession
- pointed or bladed article
- in a PUBLIC PLACE or SCHOOL
- unlawfully and INTENTIONALLY threatens another WITH THAT ARTICLE
- in such a ways as to create an IMMEDIATE risk of serious harm to that other
…is guilty of an offence
What is a school?
A school is any place used as an educational institution providing…
- primary education
- and / or
- secondary education
- not further education UNLESS providing primary or secondary in the same premises
- it does not include land used for a private dwelling in that school; so caretakers housings and gardens are excluded
What is the offence of having a pointed or bladed article in a school and the offence of having an offensive weapon in a school?
Any person who has a pointed or bladed article WITH HIM in a school premises is guilty of an offence
Any person who has an offensive weapon WITH HIM on a school premises is guilty of an offence
- these offences have the same defences as the ones for points and blades but also allow for someone to prove they have it for educational purposes
What is the power of entry for weapons in a school?
A constable may enter and search any premises where and offence is suspected to have happened and search anyone there for…
- points and blades
- offensive weapons
The constable can seize any such weapon
The constable can use force in the excise of this power
Outside of a constable, who can search and seize points and blades/offensive weapons on school premises?
If a member of staff suspects a student has a Point, blade or offensive weapon with them…
- the head teacher
- person appointed by them
May search the student and their possessions
Any such weapon seized must be delivered to a CONSTABLE as soon as practicable
