Offensive weapons
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Questions and Answers

What defines an offensive weapon under Article 22 Public Order (NI) Order 1987?

  • A tool that has been used in an attack regardless of its intended use.
  • Any weapon that is illegal to carry in public places.
  • An item that can theoretically cause injury but is not designed for that purpose.
  • An article made or adapted for use to cause injury, or intended for such use. (correct)

    • Which of the following items is considered made as an offensive weapon?

  • A kitchen knife that has been sharpened.
  • A baseball bat that has been altered with nails.
  • A flick knife manufactured for cutting. (correct)
  • A flower pot used as a projectile.

    • What is the maximum penalty for possession of an offensive weapon upon indictment?

  • 4 years' imprisonment. (correct)
  • 6 months' imprisonment.
  • Community service of 300 hours.
  • A fine up to £5000.

    • Which of the following items would NOT qualify as an adapted offensive weapon?

    <p>A Jif bottle filled with ammonia for spraying.</p> Signup and view all the answers

    What burden of proof lies on a person carrying an offensive weapon in a public place?

    <p>They must prove lawful authority or reasonable excuse.</p> Signup and view all the answers

    How are weapons generally classified in legislation regarding offensive weapons and blades?

    <p>As offensive weapons or blades/sharp points.</p> Signup and view all the answers

    Which legal case involved a broken bottle used to cause injury and helped define adapted weapons?

    <p>R v Simpson 1983.</p> Signup and view all the answers

    What distinguishes a hybrid offence regarding possession of an offensive weapon?

    <p>It can be tried either as a summary or indictable offence.</p> Signup and view all the answers

    Under what circumstances did the individual not have a reasonable belief for self-defense?

    <p>The group in the car was armed.</p> Signup and view all the answers

    What constitutes a corrosive substance as per the law?

    <p>A substance that can burn human skin by corrosion.</p> Signup and view all the answers

    What is an acceptable defense against the charge of having a corrosive substance in public?

    <p>Possession for lawful authority.</p> Signup and view all the answers

    What type of offense is the possession of a corrosive substance in a public place classified as?

    <p>Hybrid offense.</p> Signup and view all the answers

    What is the maximum imprisonment term for a summary conviction for the possession of a corrosive substance?

    <p>6 months.</p> Signup and view all the answers

    What is the primary concern of the legislation regarding offensive weapons?

    <p>The nature of the article itself</p> Signup and view all the answers

    Under what circumstances can a folding pocketknife be subject to the law on possessing an article with a blade or point in public?

    <p>If the cutting edge exceeds 3 inches.</p> Signup and view all the answers

    If a person is charged with having an article with a blade in a public place, what can serve as a defense?

    <p>Proving good reason or lawful authority for its possession.</p> Signup and view all the answers

    Which item would NOT typically be considered an offensive weapon under the definitions provided?

    <p>A bat intended for sports activity.</p> Signup and view all the answers

    What must the prosecution prove when someone is charged with the intention of causing injury using an innocent item?

    <p>That the defendant's intention was to cause injury.</p> Signup and view all the answers

    What is the maximum punishment for the hybrid offense under the section related to possessing an article with a blade in public?

    <p>4 years’ imprisonment.</p> Signup and view all the answers

    Which of the following scenarios qualifies as lawful authority for carrying an article with a blade in public?

    <p>Using the article as part of work duties.</p> Signup and view all the answers

    What considerations do the police need to gather as evidence regarding the defendant's intention?

    <p>Both B and C.</p> Signup and view all the answers

    What does Section 139B allow a Constable to do on school premises?

    <p>Enter and search for any article covered under Section 139 or any offensive weapon</p> Signup and view all the answers

    Which of the following is NOT considered a reasonable excuse for possessing an offensive weapon?

    <p>Not being aware of having an offensive weapon</p> Signup and view all the answers

    In which case was a taxi driver's forgetfulness considered a possible reasonable excuse?

    <p>R v Glidewell 1999</p> Signup and view all the answers

    What principle was established in the case of Bayliss v DPP 2003 regarding forgetfulness?

    <p>Forgetfulness due to illness or medication may be considered a reasonable excuse</p> Signup and view all the answers

    Which of the following defenses was discussed as potentially acceptable regarding possession of weapons in specific contexts?

    <p>Having a weapon in anticipation of an unlawful attack during a cash transit</p> Signup and view all the answers

    What type of force may a Constable use when executing the powers granted under Section 139B?

    <p>Reasonable force if necessary</p> Signup and view all the answers

    Why might a person's previously tested reasonable excuse still result in conviction?

    <p>The court examines all circumstances and evidence before making a decision</p> Signup and view all the answers

    What does NOT constitute a reasonable excuse based on learned defenses?

    <p>Carrying a weapon as a preventive measure against potential attack</p> Signup and view all the answers

    What must a defendant prove when accused of possessing an offensive weapon?

    <p>They had lawful authority or a reasonable excuse</p> Signup and view all the answers

    In which case was it held that the defendant's state of mind should be considered by the court?

    <p>L v DPP 2003</p> Signup and view all the answers

    What does the phrase 'has with him' emphasize in the legislation concerning weapon possession?

    <p>The physical presence of the weapon with the individual</p> Signup and view all the answers

    What must be established for a reasonable excuse to be valid in the context of weapon possession?

    <p>The weapon was retrieved with immediate intent to report it</p> Signup and view all the answers

    Which of the following scenarios would not constitute an offence of weapon possession?

    <p>A builder uses a hammer from his tool bag in a fight</p> Signup and view all the answers

    Under what condition can multiple individuals be considered as having a single weapon 'with him'?

    <p>If they were aware of the weapon being present with someone else</p> Signup and view all the answers

    What standard is used to judge the burden of proof for the defendant in weapon possession cases?

    <p>Balance of probabilities</p> Signup and view all the answers

    Which of the following is true about the reasonable excuse defense in weapon possession cases?

    <p>It considers the defendant's emotional state at the time</p> Signup and view all the answers

    Study Notes

    Offensive Weapons

    • The term "offensive weapon" refers to a range of items used to cause harm.
    • The legislation classifies two groups:
      • Offensive weapons - Article 22 Public Order (NI) Order 1987 (made or adapted to cause injury)
      • Blades/Sharp Points - Section 139 Criminal Justice Act 1988
    • Carrying an offensive weapon is distinct from using it.
    • Possession of an Offensive Weapon:
      • Definition: Having an offensive weapon without lawful authority or reasonable excuse in a public place is an offense.
      • Hybrid offense: Triable either way (summary or indictment).
      • Penalties:
        • Summary: 6 months imprisonment and/or a £5000 fine.
        • Indictment: 4 years imprisonment.
    • Offensive Weapon Categories:
      • Made: Items manufactured specifically for causing injury, examples:
        • Knuckleduster
        • Flick knife
        • Butterfly knife
        • Baton
        • Bayonet
      • Adapted: Items altered to cause injury, examples:
        • Baseball bat with protruding nails
        • Sharpened coin
        • Broken bottle with jagged edges
        • Potato with inserted razor blades
        • A JIF bottle filled with ammonia (not considered adapted)
      • Intended: Items used for causing injury, examples:
        • Snooker cue
        • Hammer
      • Intended Victim: The offense applies even if the intended victim of the weapon is the person carrying it.
    • Proof of Intent:
      • The prosecution must prove the intent to cause injury for intended weapons.
      • Evidence includes:
        • Circumstances of the incident
        • Police observations
        • Witness statements
        • Defendant's statements (before/after caution and during interview).

    Blades/Sharp Points

    • Section 139 Criminal Justice Act 1988: Prohibits possession of a bladed article or sharply pointed item in public places.
    • Exemptions:
      • Folding pocketknife (unless cutting edge exceeds 3 inches).
      • Work purposes.
      • Religious reasons.
      • National costume.
    • Defenses:
      • Good reason or lawful authority.
      • Using the article at work.
      • Religious reasons.
      • National costume.
    • Hybrid offense: Triable either way.
    • Penalties: Same as offensive weapon offenses.
    • Burden of Proof:
      • The defendant must prove they had lawful authority or a reasonable excuse for possessing the weapon.
    • Examples of Reasonable Excuse:
      • Retrieving a weapon from a violent scene to take to a police station.
      • Forgetfulness:
        • Not a reasonable excuse if the reason is forgetting the weapon existed.
        • May be considered reasonable in cases where forgetfulness is due to illness or medication.
      • Carrying a weapon for self-defense:
        • Not reasonable as a general precaution.
        • May be reasonable if there are credible threats of unlawful attack.
      • Other circumstances:
        • A person dressing up as a police officer and carrying a baton could be considered a reasonable excuse.
        • A person picking up a metal bar to defend themselves after a recent threat is often not considered a reasonable excuse (N v DPP 2011).

    Corrosive Substances (Offensive Weapons Act 2019)

    • Offense: Possessing a corrosive substance in a public place is illegal.
    • Definition:
      • Corrosive substance: Any substance which can burn human skin via corrosion.
      • Public place: Any place accessible to the public.
    • Defenses:
      • Good reason or lawful authority.
      • Use at work.
    • Hybrid offense: Triable either way.
    • Penalties:
      • Summary: 6 months imprisonment and/or a fine (maximum allowed).
      • Indictment: 4 years imprisonment and/or a fine.
    • Section 139B of the Act: Constables with reasonable grounds to believe an offense is being committed or has been committed regarding blades/sharp points can:
      • Enter school premises.
      • Search the premises and individuals.
      • Seize potentially illegal items.
      • Use reasonable force when necessary.
    • Evidence:
      • Many defenses to these offenses have been tested in court.
      • Prior court cases are helpful for understanding the offense but do not guarantee a similar outcome in new cases.
      • Courts retain discretion in making decisions based on the specific circumstances and evidence of each case.

    Key Points to Remember

    • The law focuses on preventing individuals from arming themselves with weapons.
    • The "has with him" phrase emphasizes the offense centers around carrying weapons, not necessarily their intent.
    • More than one person in a group can be deemed to "have with them" a single weapon if they are aware of its existence.

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