LPG1.2.03 Stop and Search Related Offences · Student Notes IPLDP Central Authority Executive...
Transcript of LPG1.2.03 Stop and Search Related Offences · Student Notes IPLDP Central Authority Executive...
LPG1.2.03
Stop and Search
Related Offences
Student Notes
Version 1.17
Student Notes IPLDP Central Authority
Executive Services
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The NPIA is operating as the Central Authority Executive Services for the design and
implementation of Initial Police Learning for Home Office forces in England and Wales.
© NPIA (National Policing Improvement Agency) October 2011
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Learning Outcomes
When you have successfully completed this module, you will be able to:
1. Outline the offence of being in possession of an article with a blade or
point in a public place, contrary to Section 139(1) of the Criminal Justice
Act 1988
2. Explain the specific offence of possessing an offensive weapon or article
with a blade or point on school premises contrary to Section 139A of
the Criminal Justice Act 1988
3. Outline the definition of being in possession of an offensive weapon in a
public place, contrary to Section 1(1) of the Prevention of Crimes Act 1953
4. Explain the offences under Section 141 the Criminal Justice Act 1988
5. Outline the offence of Going equipped contrary to Section 25(1) of the
Theft Act 1968
Key to Graphics
The pencil indicates an exercise or knowledge check for
you to complete.
The microscope tells you when there is a topic that may
require a closer look or further research or reading.
The exclamation mark highlights an area that you need to
pay close attention to.
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Table of Contents
Learning Outcomes ................................................................................................... 3
Key to Graphics ........................................................................................................ 3 Introduction............................................................................................................. 5 Bladed or sharply pointed articles ............................................................................... 6
Possible defences ................................................................................................ 8 Having offensive weapons on school premises ........................................................ 9
Having Bladed or Sharply Pointed Article on School Premises.................................... 9 Having Offensive Weapon on School Premises ...................................................... 10 Defence ........................................................................................................... 10
Power of entry and search.................................................................................. 11 Power for educational staff and those in charge of attendance centres to search pupils
for weapons ..................................................................................................... 11 Offensive Weapons ................................................................................................. 14
Offensive weapon.............................................................................................. 14
Restriction of offensive weapons............................................................................... 19 Manufacture, sale or hire of weapons................................................................... 19
Section 1 Restriction of Offensive Weapons Act 1959............................................. 19 Intention of Act................................................................................................. 20
Manufacture, sale or hire of weapons ........................................................................ 20
Offences .......................................................................................................... 24 Manufacture, sale or hire ................................................................................... 24
Statutory preventative measures (going equipped) ..................................................... 25 Conclusion ....................................................................................................... 28
Knowledge Check ................................................................................................... 29 Knowledge Check answers ....................................................................................... 34
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Introduction
This module looks at offences related to Stop and Search – primarily
the objects for which you may be searching, and the legislation
surrounding them.
There are three specific areas:
1. Bladed or Sharply Pointed Articles
2. Offensive Weapons
3. Going Equipped
1. Bladed or Sharply Pointed Articles
The increase in the carrying and use of knives and other similar
articles together with difficulties presented in prosecuting people who
are in possession of articles that are not specifically made or adapted
for causing injury, such as kitchen knives or Stanley knives,
prompted the introduction of more specific legislation.
2. Offensive Weapons
The Prevention of Crime Act 1953 was brought into force mainly to
prevent people arming themselves with articles capable of causing
injury, rather than to deal with them after the injury has been
caused. It was particularly useful in dealing with the “Razor Gangs”
of the early 1950s and later the same decade with the “Teddy Boys”,
both of which groups used to arm themselves prior to meeting rival
gangs in dance halls and similar places. It was a valuable tool in the
1970s as a preventative measure against football hooligans, and still
remains relevant today.
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3. Going Equipped
As you will remember from your attestation, one of the duties of a
constable is to prevent crime. ‘Statutory Preventative Measures’ are
a means that Parliament has given to the police to help us in that
duty. The title of these notes is a little long-winded, but in simple
terms means:
Statutory: enacted, as in an Act of Parliament
Preventative: serving to hinder or stop
Measures: suitable action.
Most statutory preventative measures follow a general principle -
that certain acts that could lead to a serious criminal offence being
committed should themselves be offences. In addition, some of the
offences need proof of criminal intent or unlawful purpose to be
complete.
With most other legislation, we are concerned with what offences
may have been committed. With preventive legislation, we are
concerned with what offences could be committed in the future. You,
as a patrol officer, must use your discretion to decide whether the
suspects’ actions could lead to a serious offence and whether their
intentions are unlawful.
Bladed or sharply pointed articles
Having a Bladed or Sharply Pointed Article in a Public Place
Section 139(1) Criminal Justice Act 1988
Triable either way
Powers of arrest without warrant – constables / other
persons
It is an offence for a person to have with him any article which has a
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Definition blade or is sharply pointed except a folding pocket knife, in a public
place without good reason or lawful authority, the onus of proof
being on the carrier.
This includes a folding pocket knife if the cutting edge of the blade
exceeds 7.62 cm (three inches) or where the cutting edge is less
than 7.62 cm. if the blade locks in the open position (e.g. a lock
knife).
Actual possession
Have it with him
This means that the offender has possession of the item or has it
very near to hand. It is sometimes referred to as ‘actual possession’.
For example, they would have it with them if they were knowingly
carrying it in their clothing or next to them on the seat of the car.
However, if the weapon were in the car 50 metres away, they would
not ‘have it with him’.
Article which has a blade or is sharply pointed
This will include all sorts of knives. Home-made items which have a
blade or are sharply pointed will also be covered, as well as some
screwdrivers and chisels. Items that have been adapted, such as the
sharpened end of an umbrella, will come within the meaning of the
Act. You should be aware however, that folding pocket knives are
excluded unless the cutting edge of the blade exceeds 7.62 cm
(three inches) or where the cutting edge is less than 7.62 cm. if the
blade locks in the open position.
Examples of a
public place
Public place
This is any place to which, at the material time, the public has, or is
permitted access, whether on payment or otherwise. Therefore:
• A football stadium would be a public place on match days during
the period spectators were admitted, but cease to be so at other
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times when only staff and players were allowed entry.
• Similarly, a cinema would be a public place during the times the
public were admitted to view a performance and cease to be at
other times.
• A private house would not normally be a public place, but could
be at times when the public were admitted, e.g. a stately home
where the public are admitted to view the whole or parts of the
premises.
This will ultimately be for a court to decide, but most public places
will be obvious.
‘Good reason’ or
‘lawful authority’
is something for
the carrier to
prove
Possible defences
There are some defences to the offence written into the Act. The
carrier must be able to show that he had good reason or lawful
authority to have the article with him.
‘Good reason’ or ‘lawful authority’ is something for the carrier to
prove. This is a reversal of the usual police responsibility of proving
parts of an offence. If you find someone in a public place in
possession of a bladed or sharply pointed article covered by the
offence, they must satisfy you and eventually a court that they have
a good reason for having it. Such good reason could be a parent
taking a knife from their child, for example. The carrier has only to
prove this on the ‘balance of probability’.
Specific defences
‘Lawful authority’ would include you possessing items you have
seized and members of the armed forces carrying bayonets while on
duty.
There are three other specified defences for carrying a blade or
sharply pointed articles. These are that the person had the article
with him for:
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• use at work, or
• religious reasons, or
• part of a national costume.
Examples of
defences
Consider these examples:
A butcher uses a sharp knife in the course of his or her work, but
would be unable to rely on this defence if carrying a butcher’s knife
during a night out and merely said that he or she had forgotten
about it. Remember the onus of proof is on the carrier.
Religious reasons: ‘kirpans’, for example, are knives carried by
members of the Sikh religion. They may carry them for religious
reasons, but must be genuine followers of that religion.
As part of a national costume: part of the national costume of the
Scots is the ‘skean dhu’ a black dagger carried in the sock. This
could be carried while in national costume, but not when the person
is not dressed in national costume.
Having offensive weapons on school premises
Concern over the increased carrying and use of weapons by young
people has prompted the extension of legislation to school premises.
Definition
Having Bladed or Sharply Pointed Article on School
Premises
Section 139A(1) Criminal Justice Act 1988
Triable either way
Powers of arrest without warrant – constables / other
persons
Any person who has an article which has a blade or is sharply pointed
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under Section 139 with him on school premises without good reason
or lawful authority, commits an offence, the onus of proof being on
the carrier. This includes a folding pocket knife if the cutting edge of
its blade exceeds 7.62 cm (three inches) and a folding pocket knife
where the cutting edge is less than 7.62 cm. if the blade locks in the
open position.
Definition
Having Offensive Weapon on School Premises
Section 139A(2) Criminal Justice Act 1988
Triable either way
Powers of arrest without warrant – constables/other persons
Any person who has an offensive weapon with him on school
premises commits an offence. For the purposes of this offence,
‘offensive weapon’ has the same meaning as it does under Section 1
of the Prevention of Crime Act 1953.
Specific defences
Defence
It is a defence for a person charged with one of these offences to
prove that they had good reason or lawful authority for having the
article or weapon with them.
A more specific defence is also provided for a person charged with
one of these offences to prove that they had the article or weapon
with them on the premises in question:
• for use at work
• for educational purposes
• for religious reasons, or
• as part of any national costume.
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School premises means any land used for the purposes of a school
except land occupied solely as a dwelling by a person employed by
the school. This includes primary and secondary schools but does not
include further education establishments.
Power of entry and search
A constable may enter school premises and search those premises
and any person on those premises for:
• any article which has a blade or is sharply pointed (as defined in
Section 139), or
• any offensive weapon as defined by Section 1 of the Prevention of
Crime Act 1953
if the constable has reasonable grounds for suspecting that an
offence under Section 139 Criminal Justice Act 1988 or Section 1
Prevention of Crime Act 1953 is being, or has been, committed.
If in the course of a search Under this section a constable discovers
an article or weapon which is reasonably suspected to be an article or
weapon as described in subsection (1)”, then the constable may seize
and retain it. The constable may use reasonable force, if necessary,
in the exercise of the power of entry conferred by this section.
Power for educational staff and those in charge of
attendance centres to search pupils for weapons
Section 550A A Education Act 1996 Over the years there have been a number of knife-related fatalities
or serious injuries involving young people of school age where pupils
have carried a knife in school for illegitimate purposes. Section
550AA Education Act 1996 gives head teachers, or members of staff
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authorised by the head teacher, a power to search a pupil and his /
her belongings if they have reasonable grounds to suspect that the
pupil may have with him, or in his possessions, an article to which
Section 139 Criminal Justice Act 1988 applies, or an offensive
weapon under Section 1 Prevention of Crime Act 1953. The search
can be conducted without the pupil’s consent, using reasonable force
if necessary.
Head teachers
and staff have a
power to search
pupils
This Section provides a power; it does not invoke a duty to carry out
such a search. The power is exercisable only when the member of
staff and pupil are on the premises of the school or whenever he/she
has lawful control or charge of the pupil; this will therefore include
such times as when the pupil is not on school premises, for example,
on a school trip. Of course, Head teachers may decide to exercise
the power or to rely on the current option of calling the police.
The person who carries out the search may not require the pupil to
remove any clothing other than outer clothing. The person must also
be of the same sex as the pupil and the search must be conducted
only in the presence of another member of staff who is also of the
same sex as the pupil. The pupils’ possessions, for example a bag,
may not be searched except in the presence of the pupil and another
member of staff.
This Section provides a power; it does not invoke a duty to carry out
such a search. The power is exercisable whenever the member of
staff and pupil are on the premises of the school or whenever the
member of staff has lawful control or charge of the pupil; this will
therefore include such times as when the pupil is not on school
premises, for example, on a school trip. Of course, Head teachers
may decide to exercise the power or to rely on the current option of
calling the police.
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Searches cannot
extend beyond
outer clothing
The member of staff can seize and retain anything which he/she has
reasonable grounds for suspecting falls within Section 139 of the
Criminal Justice Act 1988 (knives, blades, sharply pointed articles
etc) or within Section 1 of the Prevention of Crime Act 1953
(offensive weapons), discussed later, or any other thing which he/she
has reasonable grounds for suspecting is evidence in relation to an
offence. Any article seized must be delivered to a constable as soon
is reasonably practicable. Any person who exercises a power under
this section may use such force as is reasonable in the circumstances
for exercising that power. Any person who exercises a power under
this section may use such force as is reasonable in the circumstances
for exercising that power.
The person who carries out the search may not require the pupil to
remove any clothing other than outer clothing. The person must also
be of the same sex as the pupil and the search must be conducted in
the presence of another member of staff who is also of the same sex
as the pupil. The pupils’ possessions, for example a bag, may not be
searched except in the presence of the pupil and another member of
staff.
Staff can seize
and retain
articles found
Section 85B of the Further and Higher Education Act 1992 creates an
equivalent power for principals of further education institutions. Such
a search can only be carried out by the principal of the institution, or
a member of staff (anybody who works at the institution, whether or
not as its employee) authorised by the principal.
The member of staff can seize and retain anything which he/she has
reasonable grounds for suspecting falls within Section 139 of the
Criminal Justice Act 1988 (knives, blades, sharply pointed articles
etc) or within Section 1 of the Prevention of Crime Act 1953
(offensive weapons), discussed later. Any article seized must be
delivered to a constable as soon is reasonably practicable. Any
person who exercises a power under this section may use such force
as is reasonable in the circumstances for exercising that power.
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There is a similar power in the Violent Crime Reduction Act 2006
(Section 47) for searching persons in attendance centres for
weapons. Here a search can only be carried out by the officer in
charge of the attendance centre or a person authorised by that
officer and can only be carried out on the premises of the centre.
For further information regarding powers by staff on and off school
premises see LPG0_3_14 Other Person Powers student notes.
Offensive Weapons
Having offensive weapon in public place
Section 1(1) Prevention of Crime Act 1953
Triable either way
Power of arrest without warrant – constables / other persons
Section 1(1) states:
Any person who without lawful authority or reasonable excuse, the
proof whereof shall lie on him, has with him in any public place any
offensive weapon shall be guilty of an offence.
Offensive weapon
This means any article which is made or adapted for use by the
person or intended by the person having it with him for such use by
him or some other person.
Any article made for use for causing injury
Some items are manufactured at the outset for causing injury to a
person, for example, a knuckle-duster.
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Any article adapted for use for causing injury
For example, a sharpened coin, which in its original form obviously
had an innocent use, but if its edges are sharpened to throw into a
crowd it becomes an offensive weapon.
Any article intended for causing injury by the person who has
it with him
These items were not made to cause injury, neither have they been
adapted. They only become ‘offensive’ if the person who has them
intends to use them to cause injury to someone. An example of this
could be a snooker cue.
However, the intention must be formed prior to the occasion of its
actual use. This means that an offence is not committed where a
person carries the snooker cue innocently but then arms themselves
with it for an instant attack on their victim. They must have intended
to use it in an attack before the situation arose.
A firearm as defined by Section 57 of the Firearms Act 1968 would
fall within the definition of offensive weapon if it met the criteria.
This includes any component part of such a lethal or prohibited
weapon and any accessory to any such weapon designed or adapted
to diminish the noise or flash caused by firing the weapon.
For a full explanation of a firearm under this legislation see
LPG0_1_06 Firearms, Air Weapons and Crossbows.
Has with him in a public place
A public place is defined in the Act as:
‘including any highway and any other premises or place to
which at the material time the public have or are permitted
to have access, whether on payment or otherwise.’
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Note:
A car is a public place for the purposes of the Prevention of
Crime Act 1953.
Refer to the case of R v Ellis 2010. Ellis appealed against his
conviction for having an offensive weapon without lawful authority or
reasonable excuse. Ellis had been stopped by the police whilst he
was driving a car on a public highway with an open extendable police
baton on the rear seat. Ellis sought permission to appeal, arguing
that a car was not a public place within the Prevention of Crime Act
1953 s.1(1) as it was a place with its own defined boundary from
which the public could be excluded.
The fact that he was in a car made no difference to where he
was. His appeal was dismissed by the Court.
Highway
This means the street, pavement, footpaths etc.
Definition of a
public place
Place to which public have access
This covers a wide variety of places. Some, like cinemas and dance
halls, require payment for entry; some, like public houses and shops,
are only open at certain times; others, like some public gardens and
parks are open at all times.
The communal areas of blocks of flats, such as stairs, landings and
balconies may be considered as ‘public places’ if people in general
are free to go there at any time unchallenged. However, the Act may
not apply if there are intervening doors (especially if marked ‘private’
or ‘residents only’ for example), other notices restricting public
access.
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‘Knowingly’ is an
important point
to prove
Has with him
While the Act does not include the word ‘knowingly’, it is important to
prove this point. Obviously, unless the person is alleging that the
article has been planted on him, he is hardly likely to be carrying a
cosh in his pocket without knowing it is there. However, if it is in the
boot of the car he is driving, for example, they may have with them
an offensive weapon without knowing it, or places where access can
only be gained by way of key, security code, tenants’ intercom or
caretaker are not public places.
The burden of
proof is on the
defendant
Without lawful authority or reasonable excuse, proof whereof
shall lie on him
NB the burden of proof is on the defendant for the purpose of proving
the defence of lawful authority or reasonable excuse. This means that
if a person is found with a cosh in their pocket and claims they have
reasonable excuse to carry it, they must prove that reasonable
excuse.
Lawful authority
Ask yourself, ‘Who is authorised by law to carry weapons (in certain
circumstances)? Lawful authority does not cover members of private
security firms guarding valuable loads, or door staff at night clubs
carrying truncheons etc.
Self defence is
seldom
‘reasonable
excuse’
Reasonable excuse
Whether there is reasonable excuse depends on whether a
reasonable person would think it excusable in the circumstances to
carry the weapon in question.
The person who claims that the article he has with him is for ‘self-
defence’ seldom has a ‘reasonable excuse’. If, however, they can
prove there was some specific and immediate danger, they may have
a reasonable excuse. Individuals are not entitled to arm themselves
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simply because they may be attacked by someone at some place.
This applies, for example, to supporters going to a football match.
Proof whereof shall lie on him
If a weapon is either made or adapted to be offensive, the
prosecution need only prove possession of the article, whereas with
weapons intended to be used to cause injury, the prosecution has to
prove the necessary intent before the burden passes to the
defendant to prove, on a balance of probabilities, either lawful
authority or reasonable excuse.
In the latter case, of course, the only reasonable excuse that appears
likely is defence against some specific and immediate danger.
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Restriction of offensive weapons
Manufacture, sale or hire of weapons
Section 1 Restriction of Offensive Weapons Act 1959
Triable summarily
Power of arrest without warrant – constables only
Section 1(1) of the Restriction of Offensive Weapons Act 1959 was
introduced at a time when the public was thought to be at risk from
various types of knives.
It is an offence to import or manufacture, lend or give, sell or hire,
offer for sale or offer for hire, expose or have in possession for sale
or for hire, to a person:
• a flick knife
• a flick gun
• a gravity knife.
Flick knife or flick gun
Any knife which has a blade that opens automatically by hand
pressure applied to a button or spring or other device in or attached
to the handle of the knife.
Gravity knife
Any knife which has a blade which is released from the handle or
sheath thereof by the force of gravity or the application of centrifugal
force and which, when released, is locked in place by means of a
button, spring lever or other device.
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Intention of Act
The effect of this Act is to make it an offence to supply in any way
either of these two defined offensive weapons.
Definition
Manufacture, sale or hire of weapons
Manufacture, sale and hire of offensive weapons Section 141
Criminal Justice Act 1988
Triable summarily
Power of arrest without warrant – constables only
Section 141(1) of the Criminal Justice Act 1988 provides that:
• any person who manufactures, sells or hires or offers for sale
or hire, exposes or has in his possession for the purpose of
sale or hire, or lends or gives to any other person a weapon to
which this section applies shall be guilty of an offence and
liable on summary conviction to imprisonment for a term not
exceeding six months or a fine or both.
The importation of any such weapon is also prohibited
(Section 141(4) of the Criminal Justice Act 1988). The Home
Secretary has the power to prohibit certain weapons and list them as
offensive weapons in their own right. He has done this for the
following:
Knuckleduster a band of metal or other hard material worn
on one or more fingers and designed to cause
injury, and any weapon incorporating a
knuckleduster.
Swordstick a hollow walking stick or cane containing a
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blade which may be used as a sword.
Handclaw a band of metal or other hard material from
which a number of sharp spikes protrude, and
which is worn around the hand.
Belt-buckle
knife
a buckle which incorporates or conceals a
knife.
Push dagger a knife, the handle of which fits within a
clenched fist and the blade of which protrudes
from between two fingers.
Hollow
kubotan
a cylindrical container containing a number of
sharp spikes.
Footclaw a bar of metal or other hard material from
which a number of sharp spikes protrude, and
which is worn strapped to the foot.
Shuriken,
shaken or
death star
a hard, non-flexible plate having three or
more sharp radiating points and which is
designed to be thrown.
Balisong or
butterfly knife
a blade enclosed by its handle, which is
designed to split down the middle without the
operation of a spring or other mechanical
means, to reveal the blade.
Blowpipe or
blowgun
a hollow tube out of which hard pellets or
darts are shot by the use of breath.
Kusari gama a length of rope, cord, wire or chain fastened
at one end to a sickle.
Kyoketsu
shoge
a length of rope, cord, wire or chain fastened
at one end to a hooked knife.
Manrikigusari a length of rope, cord, wire or chain fastened
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or kusari at each end to a hard weight or hand grip.
Disguised
knives
Any knife which has a concealed blade or
concealed sharp point and is designed to
appear to be an everyday object of a kind
commonly carried on the person or in a
handbag, briefcase, or other hand luggage,
such as a comb, brush, writing instrument,
cigarette lighter, key, lipstick or telephone.
The definition has been carefully drawn up to
deal with a specific type of knife and there are
two key parts to it. The knife must:
• have a concealed blade or concealed
sharp point and be,
• designed to appear to be an everyday
item commonly carried on the person or
other hand luggage.
Truncheons
Straight, side-handled or friction-lock
truncheons.
These are sometimes known as a baton.
Telescopic truncheons are included.
A telescopic truncheon is a truncheon which
extends automatically by hand pressure
applied to a button, spring or other device in
or attached to its handle.
Stealth knives
‘a knife or spike, which has a blade,
or sharp point, made from a
material (such as nylon zytel or high
tensile plastic) that is not readily
detectable by apparatus used for
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detecting metal and which is not
designed for domestic use or for use
in processing, preparation or
consumption of food or as a toy.’
The definition of a stealth knife has been
carefully drawn up to deal with a specific type
of knife and there are two key parts to it. The
knife must:
• be made from a material that is not
readily detectable by apparatus used for
detecting metal, and
• is not designed for domestic use or for
use in the processing, preparation or
consumption of food or as a toy.
Samurai
swords
A sword with a curved blade of 50 centimetres
or over in length.
The length of the blade is taken as the straight
line distance from the top of the handle to the
tip of the blade.
The Act recognises the interests of collectors
of genuine, high value swords with historical,
religious and cultural significance, and includes
exemptions for their use in historical re-
enactments and certain sporting activities.
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Due to the number of disguised knives, truncheons and stealth
knives in existence, the Home Office are unable to give an exhaustive
list of what items are included or specify what is not included.
However, with a disguised knife, if it is not disguised to look like an
everyday object commonly carried on the person it does not fall
within the scope of this definition. Ultimately it will be a matter for
the courts to decide whether a particular item falls under any of
these definitions.
Offences
There is no offence of ‘simple possession’ of a disguised knife,
truncheon, stealth knife or samurai sword. However, the design and
construction of these items is such that their possession in public,
without lawful authority or reasonable excuse, may be unlawful
either under Section 139(1) of the Criminal Justice Act 1988 (see
lesson on bladed and sharply pointed articles) or Section 1(1) of the
Prevention of Crime Act 1953.
Manufacture, sale or hire
It is an offence for a person to manufacture, sell, import, hire, offer
for sale or hire, expose or have in their possession for the purpose of
sale, or hire or lend or give to any other person a weapon to which
this Section applies. The maximum penalty for this offence on
summary conviction is six months’ imprisonment, a fine or both.
Persons carrying out actions on behalf of the Crown, or visiting
armed forces from overseas, have a defence under Section 141 of
the Criminal Justice Act. A defence also exists for transactions for
the purpose of supplying specified weapons to museums or galleries
and the loan or hire of such weapons by museums and galleries for
cultural, artistic or educational purposes. In each case the burden of
proving that the conduct in question was for Crown, visiting forces or
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museum purposes falls on the defence.
Antique versions of specified weapons are excluded. For the
purposes of this legislation, a weapon is an antique if manufactured
more than 100 years before the date of the alleged offence. Where a
case is brought before the courts the burden of proving a weapon to
be over 100 years old will fall on the defence. It is a defence for
curved blades over 50cm in length to show that the weapon in
question was made anywhere in the world before 1954 or was made
at any other time according to traditional methods of forging swords,
there is also a defence for the sale, hire and import of curved swords
used for religious ceremonies.
Statutory preventative measures (going
equipped)
Going Equipped for Burglary or Theft - Section 25(1) Theft Act
1968
Triable either way
Power of arrest without warrant – constables / other persons
A person shall be guilty of an offence if, when not at his place of
abode, he has with him any article for use in the course of or in
connection with, any burglary or theft.
If you look at the definition of the offence several ‘points to prove’
can be identified. These are that the person:
• was not at their place of abode
• had the article with them and,
• knew they had it (the mental element), and
• intended its use in the course of, or in connection with a
burglary or theft.
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Place of abode
This is not defined in the Act – it could include a caravan or motor
vehicle. However, a vehicle cannot be regarded as a place of abode
unless parked at a site where the defendant abides or intends to
abide.
Any article
This means, as it says. It does not have to be made or adapted for
the purpose of crime, so it could for example be a screwdriver.
Has with him
He may be carrying it, it may be in his vehicle or it may be in the
same place as him and under his immediate control.
Knew he had it and intended it for use
The article need not be intended for use that day, nor for use by the
defendant himself but it must be intended for future use.
Intended for use in connection with
There must be evidence to show an intention to use it in the course
of a burglary or theft, i.e. the actual commission of the crime. It is
possible for a person to commit the offence when possessing articles
for future use by another.
It is not necessary to prove that the person has a particular crime in
mind, although it is better if you can. A person in the street, who
has with him any article he intends to use in this way when the
opportunity arises, commits the offence. This intention, however,
can be difficult to prove. Therefore, careful observation and later,
careful questioning will be necessary to establish the intention.
Section 25(3) of the Theft Act 1968 states that where there is proof
that a person had with him an article made or adapted for use in
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committing burglary or theft, that shall be evidence that he had it
with him for such use. Of course, this can be rebutted by evidence of
a contrary intention. For example, if someone is found trespassing in
the grounds of a dwelling house with a bunch of skeleton keys in
their pocket, this is evidence that they had those articles with them
for use in committing burglary, unless they could provide evidence of
a contrary intention. An example of this would be if they had found
the keys and was making their way to a Police station to hand them
in. On the other hand, if they were found merely with the keys to
their office and house this would provide no such evidence.
Section 1(1) Theft Act 1968.
‘A person is guilty of theft if he dishonestly appropriates property
belonging to another with the intention of permanently depriving the
other of it.’ This definition will be covered in more detail later this
week, but basically it means if someone dishonestly takes something
belonging to someone else, meaning to keep it they commit theft.
Section 25(5) Theft Act 1968 specifically includes under this heading
a crime which is not theft, namely taking a conveyance other than a
pedal cycle. The full explanation of the offence of taking a
conveyance is explained in the advanced crime week. Therefore, if
someone was stopped while carrying a wire coat hanger which was
intended for breaking into a vehicle in order to take it, they would
commit this offence.
Burglary
The offence of burglary is contained within Section 9 of the Theft Act
1968. It is committed by a person who enters a building or part of a
building as a trespasser with intent to:
• steal anything in the building or part of the building, or
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• inflict grievous bodily harm on any person therein, or
• do unlawful damage to the building or anything therein
contrary to Section 9(1)(a) of the Theft Act 1968.
or having entered any building or part of a building as a trespasser:
• steals or attempts to steal anything therein, or
• inflicts or attempts to inflict grievous bodily harm on any
person therein contrary to Section 9(1)(b) of the Theft Act
1968.
A full explanation of burglary is given in the section covering
burglary.
Conclusion
The statutory preventive measures to do with Bladed and Sharply
Pointed Articles, Offensive Weapons and Going Equipped described in
these notes are diverse. Some of them contain a reference to a
mental state, either ‘intent’ or ‘purpose’. Where the measure
contains these expressions we, as police officers, have to investigate.
Firstly, there is the practical problem of proving a person’s intent.
How do you show what was going on in someone’s mind? These
notes, and others, give you some pointers on how to overcome this.
Secondly, there is a difficulty that applies to preventive measures in
particular. The policing difficulty is to prevent some serious crime
from being committed in the future. To do so we have to recognise
certain acts that could lead to that serious crime. In practice, you
will need investigative skills to detect the certain acts and necessary
intent. But you will also need fine judgement and discretion to use
your skills to prevent crime without losing the support of the
community.
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Knowledge Check
1. Define the offence of being in possession of an article with a
blade or point, contrary to Section 139(1) Criminal Justice Act
1988.
________________________________________________
________________________________________________
________________________________________________
________________________________________________
2. Explain what is meant by a public place as it relates to the
Act.
________________________________________________
________________________________________________
________________________________________________
3. There are some defences to the offence of being in possession
of an article with a blade or point. The carrier must be able to
show that they had good reason or lawful authority to carry
the article. What are the 3 other specified defences?
_________________________________________________
_________________________________________________
_________________________________________________
4. It is an offence for a person to have an article which has a
blade or is sharply pointed, or an offensive weapon with them
on school premises. What will ‘school premises’ include?
_________________________________________________
_________________________________________________
_________________________________________________
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5. Define the offence of having an offensive weapon in a public
place, contrary to Section 1(1) of the Prevention of Crime Act
1953.
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
6. Explain what is meant by the term ‘offensive weapon.’
_________________________________________________
_________________________________________________
_________________________________________________
7. These notes mention that it is an offence for a person to
import or manufacture, lend or give, sell or hire, offer for sale
or offer for hire, expose or have in possession for sale or for
hire, 3 specific weapons, what are they?
________________________________________________
________________________________________________
________________________________________________
8. Define the offence of going equipped for burglary or theft,
contrary to Section 25 (1) of the Theft Act 1968.
________________________________________________
________________________________________________
________________________________________________
9. SIMPSON is employed in a small engineering company as an
electrician and he uses a Stanley knife for cutting cables on a
regular basis. After completing his work for the day, he joins
some of his colleagues in the work’s canteen for a cup of tea
before going home. At this point he realises that he still has
the knife in his possession as he has neglected to return it to
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his tool bag which he keeps in a locked storeroom.
Is SIMPSON guilty of being in possession of a bladed or
sharply pointed article?
a) No, because canteen is not a public place
b) Yes, because he has finished work
c) No, because he uses the knife at work
d) Yes, because the canteen is a public place
10. Which of the following are exempted from the law relating to
bladed or sharply pointed articles?
a) Stanley knife with 2” blade.
b) Kitchen knife with 3” blade.
c) Non-locking folding pocket knife with 3” blade.
d) Swiss army knife with 4” blade.
11. JENNIFER finishes work late each night. There have been a
number of serious attacks on women in the area late at night.
She decides to carry a can of hair spray in her hand when she
walks home intending to spray anyone who attacks her.
Which of the following is correct?
a) The hair spray is an offensive weapon made as such
b) The hair spray is an offensive weapon adapted as such
c) The hair spray is an offensive weapon intended for such
use
d) The hair spray is an innocent item and cannot be regarded
as an offensive weapon
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12. SANDERSON and PITCH have bought 2 tickets to attend
Sandford Park for an open air concert in aid of the ‘Princes
Trust’. They are both keen martial arts experts and train at a
local gymnasium three times a week. Rather than leave their
equipment in the lockers provided by the gymnasium, they
decide to take their holdalls with them to the concert after a
training session. Inside their holdalls, which they both carry
into the park, is a variety of martial art equipment including
‘Rice flails’.
Which of the following statements is true in relation to
offensive weapons?
a) Both would commit the offence of being in possession of
an offensive weapon ie ‘Rice flails’ in these circumstances.
b) As they have come straight from training they will have a
reasonable excuse for having the ‘Rice flails’.
c) Payment was expected for the concert therefore it would
not be an offence to carry the ‘Rice flails’.
d) It would only be an offence if they took the ‘Rice flails’ out
of their holdalls and carried them on their person.
13. You arrested FLEMING for shoplifting and when booking in his
property you list an umbrella. On further examination you
pull the handle of the umbrella and a small knife is revealed.
FLEMING can see what you’ve found and says, “Oh I bought
that when I went to America, I thought it was clever. I never
use it but it may come in handy one day”.
Has FLEMING committed an offence in relation to being in
possession of a bladed or sharply pointed article?
a) No, as the item was not intended to be used as an
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offensive weapon
b) Yes, only because it was imported from America
c) No, this was discovered in the police station and not in a
‘public place’
d) Yes, it is an offence to possess a bladed or sharply pointed
article.
14. A report is received that EVANS, a local troublemaker, is at
HIGHFIELD SCHOOL (a private boarding school) in the
playground with what appears to be a knife. The
headmaster is present when the police attend but
unfortunately EVANS has left the scene. The headmaster is
adamant it was EVANS and states the knife was at least 6
inches long. Which of the following is true?
a) Offer words of advice because the offence is not one
covered by the legislation on school property
b) Offer words of advice because the school is private and
therefore not covered by the legislation
c) Report EVANS for the offence when you next catch up
with him
d) On visiting his house, if it is believed that he is present
therein, enter the house using force if necessary and
arrest him.
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Knowledge Check answers
1. Define the offence of being in possession of an article with a
blade or point, contrary to Section 139(1) Criminal Justice Act
1988.
It is an offence for a person to have with him any article which has a
blade or is sharply pointed in a public place without good reason or
lawful authority, the onus of proof being on the carrier’. This
includes a folding pocket knife if the cutting edge of the blade
exceeds 7.62 cm (three inches) and a folding pocket knife where the
cutting edge is less than 7.62 cm. if the blade locks in the open
position.
2. Explain what is meant by a public place as it relates to
the Act.
This is any place to which, at the material time, the public
has, or is permitted access, whether on payment or
otherwise.
3. There are some defences to the offence of being in
possession of an article with a blade or point. The
carrier must be able to show that he had good reason
or lawful authority to carry the article. What are the 3
other specified defences?
There are three other specified defences for carrying a blade
or sharply pointed articles. These are that the person had the
article with him for:
• use at work, or
• religious reasons, or
• part of a national costume.
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4. It is an offence for a person to have an article which has
a blade or is sharply pointed, or an offensive weapon
with them on school premises. What will ‘school
premises’ include?
School premises means any land used for the purposes of a
school except land occupied solely as a dwelling by a person
employed by the school.
5. Define the offence of having an offensive weapon in a
public place, contrary to Section 1(1) of the Prevention
of Crime Act 1953.
Section 1(1) of that Act makes it an offence for:
‘any person without lawful authority or reasonable
excuse, the proof whereof shall lie on him, to have with
him in any public place an offensive weapon.’
6. Explain what is meant by the term ‘offensive weapon.’
This means any article which is made or adapted for causing
injury to the person or intended by the person having it with
him for such use by him or some other person.
7. These notes mention that it is an offence for a person to
import or manufacture, lend or give, sell or hire, offer
for sale or offer for hire, have in possession for sale or
for hire, 3 specific weapons, what are they?
• a flick knife
• a flick gun
• a gravity knife.
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8. Define the offence of going equipped for burglary or
theft, contrary to Section 25 (1) of the Theft Act 1968.
A person shall be guilty of an offence if, when not at his place
of abode, he has with him any article for use in the course of,
or in connection with any burglary or theft.
9. The correct answer is A
10. The correct answer is C
11. The correct answer is C
12. The correct answer is A
13. The correct answer is D
14. The correct answer is D