LPG Stop and Search. Related Offences. Student Notes. Version 1.17

Transcription

1 LPG Stop and Search Related Offences Student Notes Version 1.17

2 The NPIA is operating as the Central Authority for the design and implementation of Initial Police Learning for Home Office forces in England and Wales. NPIA (National Policing Improvement Agency) October 2011 All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the NPIA or its representative. The above restrictions do not apply to police service authorities, which are authorised to use this material for official, non-profit making purposes only. For additional copies, or to enquire about the content of the document, please contact the Initial Learning Design Team on +44 (0) For copyright specific enquiries, please telephone the National Police Library on +44 (0) The NPIA aims to provide fair access to learning and development for all its learners and staff. To support this commitment, this document can be provided in alternative formats. This documentation is not protectively marked. 2

3 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 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 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 Explain the offences under Section 141 the Criminal Justice Act 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. 3

4 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 Defence Power of entry and search Power for educational staff and those in charge of attendance centres to search pupils for weapons Offensive Weapons Offensive weapon Restriction of offensive weapons Manufacture, sale or hire of weapons Section 1 Restriction of Offensive Weapons Act Intention of Act Manufacture, sale or hire of weapons Offences Manufacture, sale or hire Statutory preventative measures (going equipped) Conclusion Knowledge Check Knowledge Check answers

5 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. 5

6 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: Preventative: Measures: enacted, as in an Act of Parliament serving to hinder or stop 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 6

7 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). Have it with him Actual possession 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. Public place Examples of a 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 7

8 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. Possible defences Good reason or lawful authority is something for the carrier to prove 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. Lawful authority would include you possessing items you have Specific defences 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: 8

9 use at work, or religious reasons, or part of a national costume. Consider these examples: Examples of defences 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. Having Bladed or Sharply Pointed Article on School Premises Section 139A(1) Criminal Justice Act 1988 Definition 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 9

10 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. Having Offensive Weapon on School Premises Section 139A(2) Criminal Justice Act 1988 Triable either way Powers of arrest without warrant constables/other persons Definition 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 Defence Specific defences 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. 10

11 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 11

12 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 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. 12

13 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. 13

14 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. 14

15 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. 15

16 Note: A car is a public place for the purposes of the Prevention of Crime Act Refer to the case of R v Ellis 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. 16

17 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 selfdefence 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 17

18 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. 18

19 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. 19

20 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. 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 Definition 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 20

21 blade which may be used as a sword. Handclaw Belt-buckle knife Push dagger Hollow kubotan Footclaw Shuriken, shaken or death star Balisong or butterfly knife Blowpipe or blowgun Kusari gama Kyoketsu shoge Manrikigusari a band of metal or other hard material from which a number of sharp spikes protrude, and which is worn around the hand. a buckle which incorporates or conceals a knife. a knife, the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers. a cylindrical container containing a number of sharp spikes. a bar of metal or other hard material from which a number of sharp spikes protrude, and which is worn strapped to the foot. a hard, non-flexible plate having three or more sharp radiating points and which is designed to be thrown. 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. a hollow tube out of which hard pellets or darts are shot by the use of breath. a length of rope, cord, wire or chain fastened at one end to a sickle. a length of rope, cord, wire or chain fastened at one end to a hooked knife. a length of rope, cord, wire or chain fastened 21

22 or kusari Disguised knives at each end to a hard weight or hand grip. 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 22

23 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 reenactments and certain sporting activities. 23

24 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 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 24

25 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. 25

26 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 26

27 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 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 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 27

28 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 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 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. 28

29 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 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? 29

30 5. Define the offence of having an offensive weapon in a public place, contrary to Section 1(1) of the Prevention of Crime Act 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 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 30

31 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 31

32 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 32

33 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. 33

34 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 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. 34

35 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 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. 35

36 8. Define the offence of going equipped for burglary or theft, contrary to Section 25 (1) of the Theft Act 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 36