Offensive Weapons - Metropolitan Police · 2012. 2. 23. · • Knuckle dusters • Police batons • Flick knives It is true that some of these articles could be used for other purposes,

Lesson 200

Offensive Weapons

Protective Marking Not Protectively MarkedPublication Scheme Y/N NTitle Offensive WeaponsVersion 5Summary Student Lesson NoteBranch/OCU HR3-7Author Hetal Halai 080441Date created 22nd December 2009Review date 22nd December 2012

Metropolitan Police ServiceDirectorate of Training and Development

Police Constable Foundation Course

Offensive Weapons/200

Page 2 CST Police Constable Foundation Training

© Metropolitan Police Authority 22.12.09

Contents

Objectives ......................................................... 3

Offensive Weapon - Definition .......................... 4

Made ................................................................ 4

Adapted ........................................................... 4

Intended ........................................................... 5

Proving Intent .................................................... 6

Behaviour ......................................................... 6

Circumstances ................................................. 7

Suspect's Explanation...................................... 7

Offences and Defences .................................... 15

Lawful Authority ............................................... 17

Reasonable Excuse/Good Reason.................. 18

Has with him .................................................... 19

Public Place ..................................................... 20

School Premises .............................................. 20

Police Action ..................................................... 21

Summary ........................................................... 23


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CST Police Constable Foundation Training

The Prevention of Crime Act 1953 was designed to prohibit people frombeing in public places armed with weapons.

In the lesson that follows you will learn how the offence is constructed,how to prove the offence and your powers to deal with it.

The aim of this lesson is to enable you to deal effectively with personscarrying offensive weapons in public places or schools.

After you have studied and understood this written lesson you should beable to:

Objectives

1. Specify the meaning of

(a) 'offensive weapon'

(b) 'had with him in a public place'; and

(c) 'lawful authority or reasonable excuse'

in relation to offensive weapons.

2. Summarise the evidence required to prove the offence thePrevention of Crime Act 1953.

3. Explain how the burden of proof transfers to the suspect in thisoffence.

4. State the power of arrest for 'possession' of an offensive weapon.




Offensive Weapon - Definition

"Offensive Weapon" means any article which is made or adapted foruse for causing injury to the person, or intended by the person havingit with him for such use by him or by some other person.

Types of Offensive Weapons

'Made' - is exactly what it says, a weapon that is manufactured for thesole purpose of being used to injure a person.

Examples of made offensive weapons are:

• Coshes• Bayonets• Daggers• Knuckle dusters• Police batons• Flick knives

It is true that some of these articles could be used for other purposes,e.g. killing animals, but the fact is that they are made at the outset toinjure people.

'Adapted' - means items which, in their original form, had an innocentuse but have now been altered or modified in some way for thepurpose of enabling them to cause injury.

Examples of adapted offensive weapons are:

• Bottles or glasses that have been broken in order to create ajagged edge

• A lump of wood that has been adapted to have nails protuding

• Sharpened studs on a leather belt

• Potato with razor blades protruding

• Bicycle chain attached to a stick


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However, if the article itself has not been altered in any physical way(such as by putting ammonia in a 'Cif' lemon container to squirt inpeople's eyes) it has not been 'adapted'. This is because the containernor the liquid have been altered in anyway. You will have to prove thatthe suspect 'intended' it to be used as an offensive weapon (see'Intended' below).

Remember, a person who has with him any article which falls into eitherof the first two categories (made or adapted) has an offensive weaponwhatever he intends to do with it.

'Intended' - Any article could be an offensive weapon if the personhaving it with him intends it to be used at any time for causing injury.For example, a length of rope is innocent enough when used forskipping, but could be used to choke someone. Or an umbrella is usedto keep dry, but it could also be used to strike someone.

It does not matter whether the person having the article with him intendsto use it himself or let someone else use it.

For an 'intended' weapon you have to prove the intention to causeinjury to a person; with a 'made' or 'adapted' weapon you don't.

Look at this scenario, it will help to highlight 'intended':

Sue and Sam are going to a football match where they both know Samis going to fight with opposing fans.

Sam asked Sue to carry a Stanley knife in her handbag intending touse it in the fight to cause injury. Sue is aware of his intention. Thisintention makes the Stanley knife an offensive weapon.

However, it is important for you to note that because the Stanley knife isneither made nor adapted for causing injury, you must prove that itwas intended to be used for for that purpose.




Instant Arming

A slight complication of this is when a person has an innocent articlewith no unlawful intent but then, on the spur of the moment, decides toresort to it as a weapon.

For example,

Alan leaves home with his umbrella because he thinks that it will rain.

Whilst walking along the road he meets a group of youths who beginthreatening him. Alan becomes angry and forms the intention to hit theyouths with the umbrella.

The purpose of this offence is to prevent the carrying of weapons inanticipation of using them.

Although Alan now intends to use the umbrella as a weapon, he did nottake his umbrella with him for the purpose of causing injury.

Proving Intent

Proving a person’s intention is difficult. You will need to consider theperson’s behaviour, surrounding circumstances and in some casesanswers to questions. Here are some points to consider under eachheading:

Behaviour

• Waving it around threateningly.

• Carrying it in a concealed or unusual manner.

• Disposing of it when approached by police.

• Running away when approached by Police.

• Stating an intention: “When I get my hands on you I’ll give youa taste of this”.

If you do not see this for yourself, you may get this information fromwitnesses.


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Consider the circumstances surrounding the possession of the weapon.For example, would the following seem to be reasonable:

• A hammer at a disco.

• A chisel at a football match.

• A tyre lever in the street.

• A car jack handle in a pub.

• A sheath knife in a restaurant.

Remember, you will have to prove the intention to a Court. Yourhunches and feelings are of no use as evidence unless you candescribe, in an admissible way, the words, behaviour and circumstanceswhich caused you to feel that way.

Suspect's Explanation

What could you ask the suspect? What you initially consider to be apossible offensive weapon, could be an innocent item with the personhaving a legitimate reason for possessing it.

"Why are you carrying it?", "What do you use it for?" These and severalothers could be reasonable questions to ask at this stage. It may be thatthe answers to these questionspoint to the fact that an offence has beencommitted.

These are just a few examples of what you might ask at various stagesof an investigation. Don't forget the rules of questioning:

• Why was it in your sock/up your sleeve?

• Why did you drop it when you saw me?

• Why did you deny having it?

• Why did you bring it with you?

• Why is it under the mat of the car?

• Why is it alongside the driver’s seat?

• Who put it there?

• When did you put it there?

• What did you intend to use it for here?




Look carefully and think about each of the following objects. Beside eachobject, write down what it is and what type of offensive weapon it couldbe.


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Page 11






Death Star - Made

Stanley Knife - Intended

Knuckle Duster - Made

Answers

Metal Comb - Intended

(NB: if teeth sharpened, then Adapted)


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Washing up Liquid Bottle filledwith Ammonia - Intended

Screwdriver - Intended

Wood with Nail - Adapted

Broken Bottle - Adapted

Flick Knife - Made




Pen Knife - Intended

Truncheon - Made

Bottle - Intended

Rice Flail - Made

Stilleto Knife - Made


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Offences and Defences

There are general defences for this offence... that the person had:

• Good reason, or

• Lawful authority

There was also a problem of people entering school premises carryingoffensive weapons because such premises do not fall into the definitionof a public place...

Therefore, further legislation has been introduced to cover the area ofschool premises;

Public Place

Schools Only

Any person who has an offensive weaponwithin the meaning of section 1 of thePrevention of crime Act 1953 with him onschool premises shall be guilty of anoffence.

(Section 139A Criminal Justice Act 1988,introduced by Offensive Weapons Act 1996.)

"Any person who, without lawful authority orreasonable excuse, proof whereof shall lieonhim, has with him in any public place anyoffensive weapon shall be guilty of an offence."

Section 1, Prevention of Crime Act 1953.




There are the same general defences for this offence... that the personhad;

• Good reason, or

• Lawful authority

But this newer legislation concerning school premises contains furtherdefences...

that the weapon was;

• for use at work, or

• for educational purposes, or

• for religious reasons, or

• as part of a national costume

To assist in the learning of these definitions look at the six individualelements:

1. Lawful authority

2. Reasonable excuse

3. Has with him

4. Public place

5. School premises

6. Offensive weapon

Part 6 is highlighted, having been dealt with in the first part of thelesson. Now look at the other parts in turn.


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1. Lawful Authority

There are not many groups of people in society who would beauthorised by law to carry offensive weapons. Here are two groups whoare:

Members of the armed services when on duty carrying their properlyissued weapons would have lawful authority.

Obviously, an off duty soldier having a drink in apub with a bayonet tucked into his trousers wouldnot have lawful authority.

A police officer is issued with and authorised by law to carry a frictionlock baton (a made offensive weapon) when on duty.

You are unlikely to be called on to deal with a person who has lawfulauthority to possess an offensive weapon.




2. Reasonable Excuse/Good Reason

The most likely situation that you will be called upon to investigate willbe the one where a person in a public place is claiming reasonableexcuse. On school premises, it's most unlikely that anyone but a teachercould have good reason.

Before exploring reasonable excuses, understand that it is for thesuspect to prove to a Court that he had a reasonable excuse for havingthe weapon.

A person may well claim an excuse, but in practice very few people haveone. Many excuses will be a ploy to escape prosecution.

Here are a few of the more frequent excuses given:

“I’m a cab driver and need to protect myself”.

“I didn’t know it was there”.

“It’s for my karate club”.

“I was only going to show it to my mates”.

“I would only use it to frighten someone”.

“I always keep my wheel brace handy”.

“I was threatened by a bloke at work”.

“I’m carrying the firm’s cash and need protection”.

If the excuse does not satisfy you consider arresting the suspectunder section 24 of PACE (IDCOPPLAN). Seize the weapon so that theCourt can decide if the excuse is reasonable.

However, be in a position to show why you believe the excuse was notreasonable by producing evidence of circumstances, behaviour and/oranswers to questions.


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3. Has with him

Has with him may be physical possession, for example in his hand orpocket or stuffed down a sock.

Or, it may be constructive possession, for example in the boot of hiscar, or someone else is carrying it for them (remember Sue was carryingthe knife for Sam).

Whatever the case, the person must knowingly have it with him. If Samhad slipped the knife into Sue’s handbag without her knowing, she couldnot be guilty.

For example, if you borrowed someone else's car and did not know thatthey kept a set of rice flails in the boot, you could not be guilty ofpossessing an offensive weapon.

The test is;

Is the article close to hand and readily available for use by the suspect,and do they know this?

Sue has the Stanley knife in her physical possession - she "has it withher". However, until they meet up inside the ground, Sam will not havethe article close to hand and available for use - so he does not “havethe article with him” until then.

But if they travelled to the match together, with Sue carrying the knife forSam, he would have the article close to hand and readily available andso would “have it with him”. Sue had physical possession and Sam hadconstructive possession.

It is for you to prove that the accused (knowingly) had the article withhim.




4. Public Place

The Prevention of Crime Act 1953 offence can only be committed in aPublic Place. That legislation defines a public place as:

"Any Highway and any Other Premises or Place to which at thematerial time the Public have or are permitted to have Access, whetheron payment or otherwise".

Highway means the street, pavements, footpaths, bridleways etc - placeswhere the public have the right to pass along.Included here would be common land, e.g. Hampstead Heath orWimbledon Common.

Premises or Place to which Public has Access means anywhere at allthat the public are allowed to go at the time, i.e. they have express orimplied permission. For example,

- A public house when it is open

- A cinema when it is open

- A shop when it is open

- A football stadium when it is open

- Public parks (e.g. Hyde Park,Regents Park) and gardens whenopen

- The communal areas of blocks of flats, but not those which are for“residents only” or those where entry to the actual block of flats iscontrolled and restricted by security doors, intercom systems andcaretakers.

5. School Premises

Offensive weapons in schools are now covered by section 139A CriminalJustice Act 1988. This defines "school premises" as:

• Any land used for the purposes of a school

• Excluding any land occupied solely as a dwelling by a personemployed at the school

and "school" means,

• An institution providing primary or secondary education


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So this offence can be committed anywhere in a primary or secondaryschool, including:

• Classrooms

• Halls or Gyms

• Playgrounds

• Sports fields

• Dormitories

except a dwelling such as a caretaker's house or any other staffresidence.

Police Action

In the lesson “Detain for the Purpose of Searching”, you learnt of powersyou have under Section 1 Police and Criminal Evidence Act 1984 tosearch people and vehicles in public places.

The legislation dealing with offensive weapons in schools provides itsown special power to search under section 139B Criminal Justice Act1988:

A constable may enter school premises and search

• those premises, and

• any person on those premises

for any offensive weapon if he has reasonable grounds for believingthat an offensive weapon offence is being or has been committed.

If you do find yourself dealing with this offence in a school, it is mostlikely that you will have been called there by the staff. If you happen toreceive some information from elsewhere, remember to inform the headteacher as soon as possible.

All such searches, whether in public places or schools, are controlled bythe Codes of Practice so remember GOWISELY when you search peoplefor offensive weapons.




So once you have the weapon, ask why they had it with them there.Then, if you have reasonable grounds to suspect the offence and youbelieve the arrest is necessary, you should arrest.

If you arrest a pupil at school then you should either inform a parent assoon as possible or ask that a member of school staff accompanies thechild to the police station.

Now look at this situation:

Remember, if you have reasonable grounds to search a person, (whetheron information from a witness or what you have seen/heard yourself )Section 1 of PACE allows you to detain, if necessary by force, beforeand for the purpose of searching.

The first thing to consider is, do you need assistance? If you think youdo, use your personal radio to request assistance and give the controlleryour location.

Approach the suspect with caution. In this case each officer can graspone of the suspect's arms to stop him reaching for the knife.


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Having detained him and ensured he cannot use the knife, follow“GOWISELY”. Then carefully search the pocket in which the knife issuspected to be.

In this case we found the knife, but you need to give him the opportunityto give his explanation of the facts. What is said will affect your action.In this case our suspect admitted he was carrying it to cause injury to agang rival who he was due to meet that afternoon. It maybe in such acase it is necessary to arrest the suspect cosidering the I or the P ofIDCOPPLAN under section 24 of PACE.

Summary

Offences

Any person who, without lawful authority or reasonable excuse, proofwhereof shall lie on him, has with him in any public place any offensiveweapon shall be guilty of an offence.

(Section 1, Prevention of Crime Act 1953).

Any person who has an offensive weapon within the meaning of section1 of the Prevention of Crime Act 1953 with him on school premisesshall be guilty of an offence.

(Section 139A Criminal Justice Act 1988, introduced by OffensiveWeapons Act 1996.)

Public place means any Highway and any Other Premises or Place towhich at the material time the Public have or are permitted to haveAccess, whether on payment or otherwise.

School means any land (or building) used for the purposes of a primaryor secondary school, except any land (or building) occupied solely as adwelling by school staff.




Offensive Weapon means any weapon which is made or adapted foruse for causing injury to the person, or intended by the person having itwith him for such use by him or by some other person.

Powers

In a public place you have the power under section 1 PACE to detainand search on reasonable grounds any person for an offensive weapon.

In a school you have a special power under section 139B CriminalJustice Act 1988 to enter and search on reasonable grounds thepremises and any person.

If you search and find an offensive weapon, consider the circumstancesand seize it if appropriate. Question the reason for possession.

When you are satisfied that you have reasonable grounds because noneof the defences apply, consider arresting if it is necessary under one ofthe conditions below.

THINK......

InvestiagtionDisappearanceChild or vulnerable personObstructionPrevent harmPublic decencyLoss damageAddressName

End ofLesson

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Lesson verified by Course Support Team - December 2009

Documents

Offensive Weapons - Metropolitan Police · 2012. 2. 23. · • Knuckle dusters • Police batons • Flick knives It is true that some of these articles could be used for other purposes,