Offensive Weapons

Question 1

Section 139 Criminal Justice Act 1988 - Offensive weapons

Answer 1

‘any person who has an article to which this section applies with him in a public place shall be guilty of an offence’

• applies to any article which has a blade or is sharply pointed, expect a folding picket knife
• unless the folding pocketknife’s cutting edge of the blade exceeds three inches
• defence for a person charged to prove he had good reason or lawful authority of having in a public place
• for use of work
• for religious reasons
• part of a national costume
• punishment at magistrates ( fine or 6 months)
• punishment at crown ( fine or up to 4 years)

Question 2

Prevention of Crime Act 1953

Answer 2

‘any person who without lawful authority or reasonable excuse, has with him in any public place any offensive weapon, shall be guilty’

Question 3

Points to prove

Answer 3

• defendant in a public place
• with an offensive weapon
• without lawful authority
• or, reasonable excuse

Question 4

Made offensive weapons

Answer 4

‘made to cause injury to a person’

• flick knife
• baton
• Japanese throwing star
• knuckle duster

Question 5

Adapted offensive weapons

Answer 5

‘Adapted to cause injury to a person’

• broken bottle
• unscrewed pool cue

Question 6

Intended offensive weapon

Answer 6

‘Intended to use for the purpose of causing injury’

• weapons are not offensive, but used with intention to cause injury (hairspray, hammer, pencil)
• must be supported by prevention of act from act, intent to use it offensively

Question 7

Offence weapon act 2019