Offensive Weapons Flashcards
(44 cards)
Offensive Weapon Definition - S.1(4) Prevention of Crime Act 1954
Any Article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him, or by some other person.
Any Article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him, or by some other person.
Offensive Weapon Definition - S.1(4) Prevention of Crime Act 1954
Weapons of Offense Types
-Made (to be a weapon)
-Intended (to be used as a weapon, such as a hammer)
-Adapted (to be a weapon, such as baseball bat with nails)
Burden on proof for offensive weapon in public place…
Is on the defendant to find a reasonable excuse to have it (fishing etc). Prosecution does not need to prove intent to harm.
Burden to prove intent to harm with adapted weapon…
Is on the prosecution
Possession of an offensive weapon in public - S.1(1) Prevention of Crime 1953
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 shall be guilty of an offence.
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 shall be guilty of an offence.
Possession of an offensive weapon in public - S.1(1) Prevention of Crime 1953
Lawful Authority (Offensive Weapon)
-Must be authorised by law
-Police Officers
-Military
-Not security guards that carry batons (R v Spanner and others [1973])
Reasonable Excuse (Offensive Weapon)
-Would a reasonable person think it excusable in the circumstances?
-Martial arts expert (bringing weapon to martial arts class etc)
-Self-defence - instant arming (e.g using keys which you take everywhere to defend self, wasn’t carrying keys to hurt someone), not the carrying of a weapon just in case of an attack like a kitchen knife.
-Not forgetfulness on its own (R v McCalla [1988])
Define “has with him” (Possession of Offensive Weapon in public)
-Actual possession
-Near-to-hand or on person
-In hand
-Handbag/rucksack
-Car seat next to them
In Any Public Place - S.1(4) Prevention of Crime Act)
Includes highway, premises or place where at the time the public have or are permitted to have access (payment or otherwise)
Includes highway, premises or place where at the time the public have or are permitted to have access (payment or otherwise)
In Any Public Place - S.1(4) Prevention of Crime Act)
S.141 Criminal Justice Act 1988
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 hie, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence.
S.1 Criminal Justice Act 1988 Schedule 1
1) Knuckleduster
2) Swordstick
3) Handclaw
4) Belt buckle knife
5) Push dagger
6) Hollow kubotan
7) Footclaw
8) Shuriken/Shaken
9) Butterfly knife/Balisong
10) Telescopic truncheon
11) Blowpipe
12) Kusari gama
13) Kyoketsu shoge
14) Manrikigusari/Kusari
15) Concealed Knife
16) Steal Knife
17) Baton/Truncheon
18) Sword
19) Zombie knife
20) Cyclone knife
Prohibition of Possession of offensive weapon
It is a criminal offence to possess in private any weapon listed in the Criminal Justice Act 1988 (S.1)
Exclusion for Prohibition on the Possession of Offensive Weapons
1) Possess on behalf of a museum/gallery or lent/hired out for a cultural, artistic or educational purposes
2) Historical importance
3) Historical re-enactments
4) Used for sporting activities
5) Use in film/theatre
6) Possessed for religious reasons
Possession of certain dangerous knives - S.44 Offensive Weapons Act 2019
Prohibits the possession in public and in private, of a flick or gravity knife.
Prohibits the possession in public and in private, of a flick or gravity knife.
Possession of certain dangerous knives - S.44 Offensive Weapons Act 2019
Defences - Possession of certain dangerous knives
If the knife is held by a museum or gallery for historical, cultural, artistic or educational purposes.
Same defence if the weapon is held to make available (possession or importation) for museum or gallery.
Threatening with Offensive Weapon in public - S.1(A) Prevention of Crime Act 1953
A person is guilty og 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 thata reasonable person (“B”) who was exposed to the same threat as ‘A’ would think that there was an immediate risk of physical harm to ‘B’.
A person is guilty og 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 thata reasonable person (“B”) who was exposed to the same threat as ‘A’ would think that there was an immediate risk of physical harm to ‘B’.
Threatening with Offensive Weapon in public - S.1(A) Prevention of Crime Act 1953
Threatening with a Corrosive Substance, Blade, Pointed Article or an Offensive Weapon in a Private Place - Offensive Weapon Act 2019, S.52(1)
A person (‘A’) 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’
A person (‘A’) 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’
Threatening with a Corrosive Substance, Blade, Pointed Article or an Offensive Weapon in a Private Place - Offensive Weapon Act 2019, S.52(1)
Having an Offensive Weapon on Education Premises - S.139(A2) Criminal Justice Act 1988
Any person who has an offensive weapon within the meaning ofSection 1 of the Prevention of Crime Act 1953 with him on school premises or further education premises shall be guilty of an offence.
