Offensive Weapons

Question 1

What legislation is the offence of carrying a bladed or pointed article (or folding pocketknife exceeding 3 inches) in a public place

Answer 1

Section 139 The Criminal Justice Act 1988

Question 2

What is the maximum length a folding pocketknife can be?

Answer 2

3 inches

Question 3

What are the defences for carrying a pointed or bladed article?

Answer 3

• They had good reason or lawful authority (soldier with a bayonet)
• They can prove they had reasonable excuse (object used for fishing)
• Article is for religious reasons
• Is part of a national costume

Question 4

What are the points to prove for possession of a pointed or bladed article?

Answer 4

• Any person
• Who without lawful authority or reasonable excuse
• The proof whereof shall lie on him
• Has with him in any public place
• Any offensive weapon

Question 5

What is the maximum sentence for carrying a bladed or pointed article?

Answer 5

Four years imprisonment

Question 6

Is a screwdriver a bladed article

Answer 6

No, unless it has been sharpened to an edge or point

Question 7

What legislation is the offence for carrying an offensive weapon under?

Answer 7

The Prevention of Crime Act 1953

Question 8

What type of offensive is carrying an offensive weapon?

Answer 8

An either-way offence

Question 9

What are the maximum sentences for possession of an offensive weapon?

Answer 9

Magistrates Court: 6 months imprisonment or a fine up to £200 or both
Crown Court: 4 years imprisonment or a fine up to £100 or both

Question 10

Defence for carrying an offensive weapon?

Answer 10

They had lawful authority or reasonable excuse to carry (for use in a hobby, for work or some authority in law)

Question 11

What are the points to prove for carrying an offensive weapon?

Answer 11

• In a public place
• With an offensive weapon
• Without lawful authority or reasonable excuse

Question 12

What are the three types of offensive weapon?

Answer 12

• Made (knuckle duster, swordstick)
• Adapted (broken bottle, unscrewed pool cue)
• Article which is intended for the purpose of causing injury (not offensive per se, but are intended to be used to inflict injury)

Question 13

Is forgetfulness a defence for carrying an offensive weapon?

Answer 13

No

Question 14

What is second strike knife crime?

Answer 14

• 18+ and similar previous conviction: Mandatory sentence of 6 months imprisonment or 4 months Detention & Training Order

Question 15

Which Act includes corrosive substances, possessions of prohibited items in public or private and threatening a person with an offensive weapon anywhere?

Answer 15

The Offensive Weapons Act 2019

Question 16

Is it an offense to possess an offensive weapon in a private place?

Answer 16

Yes but only if the weapon could only ever be said to be used to hurt someone (zombie knives, knuckle dusters)

Question 17

What section of legislation is threatening with an offensive weapon?

Answer 17

Section 1A of the Prevention of Crime Act 1953

Question 18

What are the points to prove for threatening with an offensive weapon?

Answer 18

• Has an offensive weapon with them in a public place
• Unlawfully and intentionally threatens another person with the weapon
• Does so in a way that there is immediate risk of serious physical harm to the other person (would have to be at level of GBH)

Question 19

What type of offence is threatening with an offensive weapon and what is the maximum sentence?

Answer 19

Either way offence

Magistrates Court: 12 month imprisonment or fine to statutory maximum or both
Crown Court: 4 years imprisonment or fine or both

Question 20

What section of legislation is possession of flick or gravity knives in public or private?

Answer 20

Section 44 Offensive Weapons Act 2019

Question 21

What is the ONLY defence for having a flick or gravity knife?

Answer 21

For use in a museum or gallery

Question 22

What section of legislation is the prohibition of certain weapons in private (e.g. knuckle dusters or zombie knives)

Answer 22

Section 46 Offensive Weapons Act 2019

Question 23

What type of offence are Sections 44 and 46 of the Offensive Weapons Act 2019 and what is the maximum sentence?

Answer 23

Summary only offence

Up to 51 weeks imprisonment or a fine or both

Question 24

What section of legislation is carrying a bladed or pointed article on school premises without good reason or lawful authority?

Answer 24

Section 139A Criminal Justice Act 1988

Question 25

What are the defences for carrying a bladed or pointed article on school premises?

Answer 25

• For us at work
• For religious reasons
• Part of a national costume
• For educational purposes

Question 26

What type of offence is carrying a bladed or pointed article on school premises and what is the maximum sentence?

Answer 26

Either way offence

Magistrates Court: Up to 6 months imprisonment or fine up to statutory maximum or both
Crown Court: Up to 4 years imprisonment or fine or both

Question 27

What section is threatening with a blade or point or offensive weapon in a public place or on school premises?

Answer 27

Section 139AA Criminal Justice Act 1988

Question 28

What type of offense is threatening with a blade or point or offensive weapon in a public place or on school premises and what is the maximum sentence?

Answer 28

Either way offence

Magistrates Court: Up to 12 months imprisonment or fine up to statutory maximum or both
Crown Court: up to 4 years imprisonment or fine or both

Question 29

Under what power and section can a constable search school premises?

Answer 29

Section139B Power to Search School Premises