Weapons

Question 1

What is the definition of Section 1 Prevention of Crime Act 1953?

Answer 1

It is an offence to have an offensive weapon in a public place without lawful authority or reasonable excuse, the proof whereof shall be on them

Question 2

What are the points to prove for Section 1 Prevention of Crime Act 1953?

Answer 2

1. Possession of an offensive weapon 2. In a public place 3. Without lawful authority or reasonable excuse.

Question 3

What is the definition of Section 139 Criminal Justice Act 1988?

Answer 3

It is an offence to have an article with a blade or sharply pointed article, except a folding pocket-knife, in a public place without good reason or lawful authority.

Question 4

What are the points to prove for Section 139 Criminal Justice Act 1988?

Answer 4

1. Possession of a bladed or sharply pointed article 2. In a public place 3. Without good reason or lawful authority.

Question 5

What are the possible defences for Section 139 Criminal Justice Act 1988?

Answer 5

1. Good reason for possession (e.g. work, religion, national costume) 2. Possession for use at work or for religious reasons 3. Article part of national dress (e.g. Sikh kirpan, Scottish sgian-dubh).

Question 6

What is an offensive weapon?

Answer 6

• Made to cause injury
• Adapted to cause injury
• Intended to cause injury