Weapons Offences

Question 1

What is the definition / points for possession of an offensive weapon?

S1 The prevention of crime act 1953

Answer 1

Any person who -
- Without lawful authority or Reasonable excuse
- Had with him in any public place
- Any offensive weapon.

Mens Rea must be present if item is baseball bat, hammer or other item which it isn’t an offence to carry.

Question 2

What is an offensive weapon?

Answer 2

Any article made or adapted for use to cause injury to a person, or intended for such use by the person in its possession.

Made article - Made or manufactured for the purpose of causing injury e.g. flick knives, telescopic batons, guns

Adapted article - Item that has been modified in some way for the purposes of causing injury e.g. broken bottle with sharp edges,

Intended article - Something made for one purpose, but used for another e.g. baseball bat.

Question 3

What is S139 Criminal Justice Act 1988 - Possession of pointed or bladed article in a public place?

Answer 3

Bladed - Includes any kind of bladed article e.g. kitchen knife, Stanley knife, scissors, pocket knife (3 inches or longer).

Sharply pointed - Any kind of sharply pointed article e.g. needle, geometry compass and anything else which has been given a sharp point.

Question 4

What types of defences are there to possession of a bladed or pointed article?

Answer 4

Lawful authority
For use at work
Religious reasons
Part of a national costume

Lawful Authority
- E.g. a police officer who has just seized an article, members of armed forces carrying a bayonet whilst on duty (off duty would be an offence)

For use at work
- A joiner uses chisels with sharp cutting edges. This would be a defence if at work moving from job to job. Cahal v DPP 2010 - Work can be casual and does not have to be used on a regular basis (This defence does not apply if a chisel has been taken into a nightclub for example)
A chef going to or from work with a protected set of knives.

Religious reasons
- Followers of Sikh religion may carry kirpans (Small rigid knife)

Part of a nation costume
- Some scots carry a skean dhu (Small dagger tucked into the top of socks). Must be in costume as defence does not apply without).

Question 5

What is S139a Criminal Justice Act 1988 - Possessing points and blades on school premises?

Answer 5

Having article with blade or point (or offensive weapon) on school premises.

Question 6

Threatening with an offensive weapon or bladed or sharply pointed article in a PRIVATE place or school

S52 Offensive Weapons Act 2019

Answer 6

A person who
- Unlawfully and Intentionally
- Threatens another
- With an offensive weapon
OR
- A Bladed or Sharply pointed article (S139 CJA 1988)
OR
- A corrosive substance
- In a PRIVATE place
- In a way there there is an immediate risk of serious physical harm to that person.

Question 7

What are the points to prove for - Possessing an offensive weapon in a private place?

S141 (1a) Criminal Justice Act 1988

Summary offence

Answer 7

• A person
• Possessed
• In private
• A relevant weapon