Offensive Weapons

Question 1

What is the offence under Section 139 of the Criminal Justice Act 1988?

Answer 1

Possession of a bladed or pointed article in a public place

This includes having a bladed or sharply pointed article, excluding folding knives under 3 inches unless locked, in a public place without lawful authority or reasonable excuse.

Question 2

What are the defences available under Section 139 CJA 1988?

Answer 2

• Use at work (e.g., tradesperson)
• Religious reasons (e.g., Sikh kirpan)
• National costume (e.g., sgian-dubh)
• Reasonable excuse (on balance of probabilities)

These defences allow individuals to justify possession of a bladed or pointed article under certain circumstances.

Question 3

What is the offence defined by the Prevention of Crime Act 1953?

Answer 3

Possession of an offensive weapon in a public place

This involves having an offensive weapon in a public place without lawful authority or reasonable excuse.

Question 4

What types of offensive weapons are recognized under the Prevention of Crime Act 1953?

Answer 4

• Made
• Adapted
• Intended

These categories classify offensive weapons based on their creation, modification, or intended use.

Question 5

What are the key provisions of the Offensive Weapons Act 2019?

Answer 5

• Bans certain weapons in private (e.g., zombie knives, knuckledusters)
• Creates new private possession offences
• Police powers to search, seize and prosecute

This act enhances legal measures concerning the possession and use of offensive weapons.

Question 6

Define adapted offensive weapons.

Answer 6

Legal items altered to cause injury

These items were not originally designed as weapons but have been modified specifically to inflict harm.

Question 7

What is the definition of made offensive weapons?

Answer 7

Items manufactured as weapons

These items are created solely to cause injury or incapacitate and are automatically considered offensive.

Question 8

Provide examples of made offensive weapons.

Answer 8

• Knives
• Knuckledusters
• Stun guns

These items are explicitly designed for causing harm.

Question 9

What defines intended offensive weapons?

Answer 9

Items carried with intent to cause injury

These items may not be offensive per se or adapted, but the individual intends to use them to cause harm or threaten at the time of possession.

Question 10

Give an example of an intended offensive weapon.

Answer 10

Carrying a wrench for a fight

This illustrates the concept of carrying an item with the specific intention to use it as a weapon.

Question 11

What are corrosive products?

Answer 11

Corrosive products are substances with certain concentration limits (or higher) that must not be sold or delivered to under 18s.

Misuse can lead to serious harm and life-changing injuries.

Question 12

What can corrosive substances do?

Answer 12

Corrosive substances are capable of burning human skin by corrosion.

This includes substances that may not cause the same level of serious harm.

Question 13

What is required for possessing a corrosive substance in public?

Answer 13

A person must not have a corrosive substance in a public place without a good reason or lawful authority.