Knives and Offensive Weapons
Date produced: January 2012
Title: Knives And Offensive Weapons
Offence: Having an Offensive Weapon in a Public Place. Having an article with a Blade or point in a Public Place. Having an article with a Blade or point or offensive weapon on school premises.
Legislation: Section 1 of the Prevention of Crime Act 1953. Section 139 of the Criminal Justice Act 1988. Section 139A of the Criminal Justice Act 1988
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: Summary Maximum 6 months and/or £5,000 fine, on Indictment 4 years, or fine or both. 2+3: Summary Maximum 6 months and/or £5,000 fine, on Indictment 4 years, or fine or both. If committed before 12th February 2007, 2 years maximum on Indictment
AGGRAVATING FACTORS
Factors indicating higher culpability: offender's intention
Particularly dangerous weapon.
Specifically Planned use of weapon to commit or threaten violence or to intimidate others.
Offence motivated by hostility towards minority individual or group, based on race, religion or gender.
Offender having weapon whilst under the influence of drink or on drugs.
Offender operating in a group or gang
Factors indicating greater degree of harm: Circumstances or location of offence
School, hospital, or any other place where vulnerable people may be present.
If committed at a large public gathering especially where there is a risk of disorder.
If committed on Public transport, on licensed premises, or business premises where public services are performed, as in a doctor's surgery, or where public servants perform their duties.
If committed whilst on bail.
Nature of weapon
Is not the primary determinant of seriousness - a billiard cue, or knuckle-duster can be used to cause fear and may be at least as serious as a more obviously dangerous weapon, such as a knife or an acid spray, dependent on circumstances in which offender has weapon e.g. if carried in self defence, with no attempt to use it.
Weapons offensive per se, or designed or adapted to cause serious injury such as flick knives, butte
