176877
Description
Flashcards by ben.furneaux, updated more than 1 year ago
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Created by ben.furneaux
over 10 years ago
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| Question | Answer |
| What legislation covers Offensive Weapons? | s.1 Prevention of Crime Act (1953) |
| What is the definition? | s1(1) - "Any person, without lawful authority or reasonable excuse, proof whereof shall lie on him, to have with him in any public place an offensive weapon" |
| What is an Offensive Weapon? | Anything MADE, ADAPTED or INTENDED to cause injury to a person. |
| What is a MADE offensive weapon? | An article where it's PRIMARY function is to cause injury to a person. (E.g. Bayonet, Dagger, Baton, CS spray, knuckle duster, rice flail, cosh) |
| What is an ADAPTED offensive weapon? | Where the object/article ITSELF has been altered or modified to cause injury to a person. (E.g. Broken bottle, baseball bat with nails protruding, sharpened studs on clothing, bike chain on a stick, comb with sharpened teeth) |
| What is an INTENDED offensive weapon? | ANY article where the carrier INTENDS to use it to cause injury to a person. (E.g Shoe lace for strangulation, kitchen knives, squeezy bottle with acid, screwdriver) |
| Who's responsibility is it to prove the intention of an 'Intended Off Weap'? | The Police |
| How would the police go about proving intention for 'Intended Off Weaps'? | Behaviour, circumstances and/or answers to questions. (E.g. waving object around, concealing object, disposing of it when approached, running away, threats, witness info) |
| Lawful Authority/Reasonable Excuse | Going to or from work/class/hobby etc. Member of armed forced on duty. Police have lawful authority to carry a Baton and CS. |
| Who's responsibility is it to prove the lawful authority/reasonable excuse? | The carrier's |
| What are the 2 types of possession? | PHYSICAL, has on his person (including bags). CONSTRUCTIVE, carrying for someone else or in boot of car etc. Constructive possessors must know they have the article on them. |
| What counts as a public place? | "Any highway or premises to which the public has access by permission, payment or otherwise". Can include shops, pubs, parks, cinemas, football stadiums WHEN OPEN. Also Communal areas of flats but not 'Residents Only' areas. |
| What is Instant Arming? | It's a defence to Off Weaps. Where a person is carrying an article legally (i.e. with reasonable excuse/lawful authority) but ON THE SPUR OF THE MOMENT uses that article as a weapon for self-defence. |
| Schools | s.139A(2) Criminal Justice Act (1988) makes it an offence to carry an Off Weap on School Premises. Includes school grounds but not dwellings on them such as caretakers house. Primary and Secondary ONLY. Same defences as points & blades. |
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