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

LPG1_2_03_RelatedOffences_SN Version 1.17

2

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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

LPG1.2.03 Stop and Search Related Offences · Student Notes IPLDP Central Authority Executive...

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