Weapons Offences

Question 1

s1(1) Prevention of Crime Act 1953

Answer 1

Unlawful possession of a weapon of offence in a public place

Question 2

An offence under s1(1) PCA is committed by a person who without ____ or ____ has with them in a ____ any ____ of offence

Answer 2

An offence under s1(1) PCA is committed by a person who without lawful authority or reasonable excuse has with them in a public place any weapon of offence

Question 3

Unreasonable excuses for s1(1) offences

Answer 3

• Forgetfulness

- Self defence

Question 4

Reasonable excuses for s1(1) offences

Answer 4

• Fear of imminent attack

- Required for work

Question 5

Offensive Weapons?

Answer 5

any article made, adapted, or intended for causing injury

Question 6

Dangerous Weapons?

Answer 6

Items that are undoubtedly offensive weapons are also classified as dangerous weapons

Question 7

What power can you use to search for offensive weapons?

Answer 7

s1 of the PACE Act

Question 8

s139(1) of the Criminal Justice Act?

Answer 8

It is an offence to have a bladed or sharply pointed article in a public place

Question 9

Defences for s139(1) offences

Answer 9

• Lawful authority
• For use at work
• Religious reasons
• Part of a national costume

Question 10

It is an offence under ____ CJA to have certain ____ on ____ premises. This means ___ and ___ schools. This includes ___ used for the purposes of a school.

Answer 10

s139A - weapons - school
primary - secondary
land

Question 11

It is an offence to ____ a person, ____ and unlawfully creating an ____ risk of ____ _____ harm, in a ____ place or on ____ premises with an ____ (____) or a ____ or _____ article (____).

Answer 11

threaten - intentionally - imminent - serious physical

public - school - offensive weapon (s1A Prevention of Crime Act) - bladed - sharply pointed (s139AA CJA)

Question 12

Possession of a weapon in a private place can be an offence under ___

Answer 12

s64 Offences against the Person Act 1861

Question 13

It is an offence to ____, make, or ____ any item with ____ to commit, or ____ another person to commit, any other offence within the Act. This includes _____ substances, _____, and any other dangerous or ___ thing.

Answer 13

possess - manufacture - intent - enable

explosive - machines - noxious

Question 14

s141 CJA 1988

Answer 14

It is an offence to manufacture, sell or hire a specified weapon.

Question 15

s1 Restriction of Offensive Weapons Act 1959

Answer 15

It is an offence to manufacture, sell or hire a flick knife or gravity knife.

Question 16

It is an offence to ____, sell, or ___ a _____ weapon under s___

Answer 16

manufacture - hire - specified - s141 CJA

Question 17

Selling a ___, a ___ blade, a razor ___, or an ___ to a young person under __ is an offence under s___.
This includes any other bladed/sharply pointed article made or ___ for causing ___ to a person.

Answer 17

knife - knife - blade - axe - 18 - s141A(1) CJA

adapted - injury

Question 18

Arranging a minding of a dangerous weapon is an offence under s___

Answer 18

s28 Violent Crime Reduction Act 2006

Question 19

Weapons included in s28 Violent Crime Reduction Act are:

Answer 19

dangerous weapons
sharp/bladed articles
firearms (excluding air weapons)

Question 20

It is an offence to make ____ for another person to ___ after, hide, or ____ a ____ ___ to help make it ____ for an ____ ____.
The ____ must help make the weapon ____ to use at a particular ___ and ___, and possession of the weapon must be an ___ or likely to lead to _____ of an offence (s___).

Answer 20

arrangements - look - transport - dangerous weapon - available - unlawful purpose

arrangements - available - time - location - offence - commission (s28 Violent Crime Reduction Act 2006)

Question 21

PC JORDAN is on uniform patrol and is sent to Queen Ann High School (a secondary school) where the caretaker is reporting problems with several people using the playing fields to play football when they have no right to be there. PC JORDAN goes to the fields and speaks with 5 men aged between 19 and 23 yrs. One of the men is EAGLE who behaves in a suspicious way when PC JORDAN talks to him and PC JORDAN notices a shape in EAGLE’s trouser pocket that looks like a knife. Consequently, the officer searches him under s. 1 of the Police and Criminal Evidence Act 1984. PC JORDAN finds a flick knife in EAGLE’s pocket.

In relation to the offence of having a bladed or sharply pointed article on school premises (contrary to s. 139A(1) of the Criminal Justice Act 1988, which of the following comments is correct?

Answer 21

Section 139A of the Criminal Justice Act 1988 prohibits certain weapons on school premises (s. 139A(1) for bladed or sharply pointed articles, and s 139A(2) for other offensive weapons). It is irrelevant whether the person is a pupil at the school, making answer A incorrect. Answer B is incorrect as a ‘school’ is an educational institution providing primary and secondary education (s 14(5) of the Further and Higher Education Act 1992). Answer C is incorrect as school premises include land used for the purposes of a ‘school’ such as playing fields or playgrounds (s 139A(6)) of the CJA 1988). Therefore EAGLE commits the offence (correct answer D).

Question 22

For an obviously offensive weapon, who must prove the reason of the weapon?

Answer 22

The defendant must explain why they have a lawful reason to have the obviously offensive weapon.

Question 23

A spate of robberies takes place involving taxi drivers being set upon by people posing as customers. BAIN is a taxi driver and is concerned about being robbed by people pretending to be genuine customers so as a general precaution he obtains a knuckleduster from a criminal associate and places it in the glove compartment of the vehicle he uses as a taxi. Several days later the people responsible for the robbery offences are arrested and the robberies cease. However, BAIN forgets about the knuckleduster and it remains in the glove box. Several months later, BAIN is stopped whilst driving the taxi in a street by PC CLIFF who searches the taxi and finds the knuckleduster.

Does BAIN commit the offence of possessing an offensive weapon in a public place (contrary to s. 1(1) of the Prevention of Crime Act 1953)?
A. No, BAIN would have a reasonable excuse to have the weapon with him as he put it in the glove box as a general precaution just in case he was attacked.

B. Yes, and in addition the knuckleduster is classed as a ‘dangerous weapon’ (under s. 28 of the Violent Crime Reduction Act 2006).

C. No, BAIN would have a reasonable excuse to have the weapon with him as he forgot he had the knuckleduster in the glove compartment of his taxi.

D. Yes, as the only person who could have a reasonable excuse for having an offensive weapon in a public place would be a person who apprehends an imminent attack.

Answer 23

An offence under s. 1(1) of the Prevention of Crime Act 1953 is committed by a person who, without lawful authority or reasonable excuse (the proof of which shall lie on them) has with them in a public place any weapon of offence. Unreasonable excuses include forgetfulness (forgetting you have the knuckleduster in the glove compartment so answer C is incorrect) and also for general self-defence just in case a person is attacked (answer C is incorrect). Answer D is incorrect as although an offence has been committed, imminent fear of attack is not the only reason a person might have a ‘reasonable excuse’ to have a weapon with them - a person may have a reasonable excuse for possession of an offensive weapon in a public place if they have an innocent reason for possession such as a chef carrying kitchen knives on his way to work. B is correct - in addition, certain items that are undoubtedly offensive weapons are also classified as ‘dangerous weapons’ for the purposes of s 28 of the Violent Crime Reduction Act 2006, and ‘specified’ for the purposes of s 141 of the Criminal Justice Act 1988 (CJA 1988) - a knuckleduster falls into that category.