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| Questão | Responda |
| LEGISLATION That makes it a criminal offence to carry a weapon in a public place without lawful authority. | S1 Prevention of Crime Act 1953 |
| S1 Prevention of Crime Act 1953 makes what an offence? | Carrying a weapon in a public place without lawful authority. |
| LIST Three categories of weapon | Made (AKA per se) weapons Adapted weapons Intended weapons |
| DEFINE Made offenisve weapon | Items purely designed for causing injury to another, such as flick knives, knuckledusters and batons. They serve no other purpose, and as such, there is no requirement to prove any intention to use the item. Mere possession in a public place without lawful authority is sufficient. |
| DEFINE Per se offensive weapon | Items purely designed for causing injury to another, such as flick knives, knuckledusters and batons. They serve no other purpose and, as such, there is no requirement to prove any intention to use the item. Mere possession in a public place without lawful authority is sufficient. |
| What category of offensive weapons does a police constable's baton fall under? Whr? | Made offensive weapons. However, they are possessed (by a constable) with lawful authority, and as such are not subject to S1 Prevention of Crime Act 1953. |
| DEFINE Adapted weapon | Innocent items that have been altered in some way deliberately to turn them into weapons. This might include a bottle of washing up liquid that has been filled with acid, a screwdriver with a deliberately sharpened point or a plank of wood with nails bashed into it to make a spiky club. The possibilities are only as limited as the imagination. |
| DEFINE Intended weapon | Trickiest to grasp. Any item at all can become an intended offensive weapon, so long as the suspect intends to use it as a weapon. This can be the hardest part to evidence. Possession of the item alone will not be an offence; you must demonstrate that the suspect intended to use it to cause injury. |
| TRUE OR FALSE The intention of the suspect must be demonstrated for all three classes of weapon. | FALSE You do not need to demonstrate the suspect's intention when dealing with either Made or Adapted weapons. The burden of proof shifts to the defendant to show that they had a reasonable excuse for carrying the item. |
| DEFINE Instant arming | Someone is being attacked and reaches out for an item close at hand and uses it as a weapon in self-defence |
| Does someone commit and offence under S1 Prevention of Crime Act 1953 if they instantly arm? | No. Someone who instantly arms is not committing the offence of possessing an offensive weapons, regardless of what they have armed themselves with. |
| If someone defends themselves with a kitchen knife they were carrying for "protection", can they use the defence of instant arming if they come under attack and use said kitchen knife? | No, as they were carrying an intended weapon unlawfully before the attack. This is important to note in gang cases where youths often carry knives "for protection". They CANNOT use the defence of instant arming. |
| Give an example of a reasonable excuse of being in possession of a chainsaw in a public place. | The possessor is a tree surgeon. |
| TRUE OR FALSE Each "reasonable excuse" for possession of an offensive weapon must be judged by a police officer on its individual merits. | TRUE What may be a reasonable excuse in one situation might not be reasonable in another. There is no list of reasonable excuses. Note, however, that there is a list of non-reasonable excuses. |
| TRUE OR FALSE Forgetfulness is a reasonable excuse for the possession of an offensive weapon in a public place. | FALSE |
| TRUE OR FALSE Being unaware of the law regarding the possession of offensive weapons in a public place is a reasonable excuse. | FALSE |
| TRUE OR FALSE Self defence is a reasonable excuse for possession an offensive weapon in a public place | FALSE Self-defence is not a reasonable excuse to carry a weapon in a public place as it suggests an intention to use it. |
| LEGISLATION That makes it an offence to carry a bladed or sharply pointed object in a public place without reasonable excuse or lawful authority. | S139 Criminal Justice Act 1988 |
| S139 Criminal Justice Act 1988 makes what an offence? | To carry a bladed or sharply pointed object in a public place without reasonable excuse or lawful authority |
| DEFINE Bladed article | A bladed article is, literally, anything with a blade. Importantly, pocket knives with a blade less than 3 inches (7.62cm) long which cannot be locked in the open position are exempt. |
| DEFINE Sharply-pointed articles | These can include almost any item with a sharp point. Common sense must apply, though. This law was not intended to see schoolchildren arrested for carrying geometry sets on their way to school. |
| LIST General defences against charge under S139 Criminal Justice Act 1988 | Lawful authority Reasonable excuse For use at work Religious reasons (Sikh kirpan) Part of any national costume (Scot's dagger) |
| SENTENCE Possession of a bladed or sharply pointed object in a public place without reasonable excuse or lawful authority, contrary to S139 Criminal Justice Act | EITHER WAY S) Six month's imprisonment I) Four years imprisonment |
| In general, if someone is in possession of a bona fide weapon, and it falls under both sets of legislation, which one should be used? | S1 Prevention of Crime Act 1953 rather than S139 Criminal Justice Act 1988, as S1 PCA has a higher penalty and starting point for sentencing. |
| Legal Aid, Sentencing and Punishment of Offenders Act 2012 contains provisions for what? | The insertion of S1A PCA 1953 and S139AA CJA to make threateneing with a weapon in a public place an offence. |
| LEGISLATION That makes threatening with a weapon in a public place an offence | S1A Prevention of Crime Act 1953 S139AA Criminal Justice Act 1988 Depending on which weapon type is used. S1A PCA 1953 should be used preferentially. |
| SENTENCE Threatening with a weapon in a public place | EITHER WAY S) Twelve months imprisonment I) Four years imprisonment |
| A person is guilty of the offence threatening with an offensive weapon is that person... | 1) Has an offensive weapon with him or her in a public place 2) Unlawfully and intentionally threatens another person with the weapon 3) Does so in such a way that there is an immediate risk of serious physical harm to that person |
| DEFINE Serious physical harm in relation to S1A PCA 1953 and S139AA CJA 1988 | Injury amounting to Grievous Bodily Harm under the Offences Against the Person Act 1861 |
| DEFINE School | S14 Further and Higher Education Act 1992 An educational institution providing primary and secondary education. |
| TRUE OR FALSE S139A Criminal Justice Act broadens "public place" to also mean a school | TRUE An educational institution providing primary and secondary education, NOT INCLUDING FE COLLEGES OR UNIVERSITIES |
| LEGISLATION That allows for the seizure of offensive weapons, bladed or sharply-pointed articles, and the use of reasonable force to enter a school for this purpose | S139B Criminal Justice Act 1988 |
| S139B Criminal Justice Act gives a constable the power to do what two things? | Use reasonable force to enter school premises (even out of uniform) if s/he suspects an offence under S139A CJA has, is, or will occur. Further, the constable may then seize and retain the weapon. |
| LEGISLATION That makes it an offence if a person uses another person to look after, hide or transport a dangerous weapon for them. | S28 Violent Crime Reduction Act 2006 |
| S28 Violent Crime Reduction Act 2006 makes what an offence? | For a person to use another person to look after, hide or transport a dangerous weapon for them, under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapon's being available to him for an unlawful purpose. |
| DEFINE Dangerous weapon in relation to S28 Violent Crime Reduction Act 2006 | In general, any article that would be considered as a "made offensive" weapon under S1 Prevention of Crime Act 1953 would constitute a dangerous weapon, but it also includes knives and razor blades in certain circumstances. |
| Why can gang members no longer use a child under the age of 10 to mind weapons for them? | S28 Violent Crime Reduction Act 2006 now makes this an offence. Previously, a child under the age of 10 (and thus criminal responsibility) could not be charged with the possession, and neither could the gang member. |
| DEFINE Unlawful purpose in relation to S28 Reduction of Violent Crime Act 2006 | A) The weapon is available for him to take possession of it at a time and place; and B) His possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence. |
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