Unit 4 Lesson 7.1 Offensive Weapons Part 1 Flashcards
What is s47(1) of the Criminal Law (Consolidation) (Scotland) Act 1995?
Creates an offence for:
Any person who
Has with them in a public place
Any offensive weapon
Shall be guilty of an offence
Define public place?
Means any place other than;-
- Domestic premises I.e. premises occupied as a private dwelling and includes any stairs, passage, garden, yard, garage, outhouse, or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling
- school premises
- prison
Define offensive weapon
“An offensive weapon includes any article :-
•made, or
•adapted for the use of causing injury to the person, or
•intended by the person having it with them for such use by either themselves or by some other person
Defences for having an offensive weapon in a public place?
- reasonable excuse
- lawful authority
- for having the weapon with the person in the public place
What is the power of search for offensive weapons?0
S48(1) Criminal Law Consolidation (Scotland) Act 1995
Where a constable has reasonable grounds to suspect that a person is carrying an offensive weapon and has committed or is committing an offence under s47, the constable may:-
- Search that person, without warrant, and,
- Detain them for such time as is reasonably necessary for the search
- provided that they inform that person of the reason for their detention
Whilst s47 offence can only be committed in a public place, such a search can be conducted in any place the constable has a right to be at that time.
What are police powers in relation to offensive weaponsV?
S47 punishable my imprisonment, consider arresting under s1
What are the laws in relation to obstructing a search?
S48(2)
Anyone who:-
A) intentionally obstructs a constable when exercising his or her powers of search or
B) Actively conceals an offensive weapon from a constable at the time of such a search
Commits an offence under s48(2) of the act.
