Week 4: Offensive Weapons, Bladed and Sharpley Pointed Articles Flashcards
Offensive Weapon Definition?
Offensive Weapon Definition:
S.1(4) Prevention of Crime 1953
Any article made or adapted for use for causing injury to the person (another) or intended by the person having it with him for such use.
Definition of possession of an offensive weapon in Public?
Any person who without lawful authority or reasonable excuse the proof thereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence
In the offence of Possession of an offensive weapon, what does ‘Has with Him’?
Actual possession
-on their person or very near at hand
- in their hand
- on the car seat next to them
What is the sentencing summary for Poessing an offensive weapon?
S.1(1) Prevention of Crime Act 1953
Triable either way
summary - 6 months and/or fine
Indictment - 4 years imprisonment and/or fine
What does S.141 of the Criminal Justice Act 1988 state?
Any person who manufactures, sells or hires or offers for sale or hire , exposes or has in his possession for the purpose of sale or hire or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence
What are the examples of offensive weapons given in the Criminal Justice Act 1988
knuckledusters
zombie knives
Death Star knives etc
What are the 6 defences to Possession of Offensive weapon?
The weapon in questions is:
- of historical importance
- to be used for historical re-enactments
- to be used for sporting activities
- for use in film and theatre
- Possessed on behalf of a museum or gallery or lent or hired by a museum or gallery for cultural, artistic or educational purposes
- Possessed for religious reasons
What are the two exceptions to the rule on offensive weapons?
- knives that are 3 inches or less are allowed with good/reasonable or lawful excuse
- as long as knives are not lock knives, with a button, spring or catch to fold the knife.
Definition of Threatening with Offensive Weapon In Public
A person is guilty of an offence if that person:
a) has an offensive weapon with him or her in a public place
b) unlawfully and intentionally threatens another person (A) with the weapon and
c) does so in such a way that a reasonable person (B) who was exposed to the same threat as A would think that there is an IMMEDIATE risk of harm
Offence of Threatening with a CORROSIVE substance Blade or Pointed Article or An Offensive Weapon in a Private place, give the definition
S.52 Offensive Weapon Act 2019
A person commits an offence if -
- while A is in a private place, A unlawfully and intentionally threatens another person B with an article or substance to which this subsection applies and
- A does so in such a way that there is an immediate risk of serious physical harm to B
What happens if someone has an offensive weapon on Education Premises?
Any person who has an offence weapon within the meaning of S.1 of the Prevention of crime act 1953 with him on school premises or further education (excluding uni) shall be guilty of an offence
- this includes land used for the purposes of a school excluding any land solely as a dwelling by a person employed at the school
What power do the police have to enter school premises or further education?
S.1 of the Prevention of Crime Act 1953
Power of Entry and Search In Schools Or Further Education Premises
Definition of trespassing with a Weapon of Offence?
A person who is on any premises as a trespasser, after having entered as such, is guilty of an offence if, without lawful authority or reasonable excuse, he has with him any weapon of offence
S.8 Criminal Law Act 1977
What does a constable need to search someone for Corrosive substance?
A police officer may search in a public place any person or vehicle or anything is in or on a vehicle for a corrosive substance and able to seize a corrosive substance if it discovered in the course of the search.
The police officer must have REASONABLE GROUNDS or SUSPICION that the person is carrying a corrosive on their person or within their vehicle before conducting a stop and search
