What Does the Law Say?

Weapons and the Law

The severity of the offence will determine which court will hear the charge.

Summary Offences:

These are charges that can only be heard in a magistrates court.

Either Way Offences:

These are offences which can either be heard in a magistrates court or a crown court.

Indictable Offences:

These are offences that can only be heard in a crown court.

Knives and guns are obviously offensive weapons but so is anything else that has been adapted to cause injury. If anyone is caught with something that could be used as a weapon in a public place, it will be their responsibility to explain why they have it with them. (Prevention of Crime Act 1953 and Violent Crime Reduction Act 2006).

Penalty:  Summary Offence 6 months imprisonment and/or a fine

Penalty:  Indictable Offence 4 years and/or a fine

The following bladed articles are illegal. You cannot own them under any circumstances.

Flick knives, also known as 'switchblades' - where the blade is hidden but shoots out when a button is pressed;

Butterfly knives - where the blade is hidden inside a handle that splits in two around it;

Disguised knives - where the blade is hidden inside something like a belt;

Sword-sticks;

Curved bladed swords.

Swiss Army knives are allowed, so long as the blade is under 7.62cm. However if any knife is used in a threatening way it becomes an offensive weapon.

Trespassing with a weapon of offence.

Offence

Anyone who is on any premises as a trespasser and has with them any weapon of offence and fails to provide a reasonable excuse to the police for the weapon will be guilt of an offence. (Contrary to the: Criminal Law Act 1977 and the Violent Crime reduction Act 2006)

Penalty: Summary Offence, 3 month imprisonment and/or a fine

Possession of a weapon/blade/sharp point on school premises

Offence

An offence is committed by any person who has with them on school premises any article which can be used as a weapon. (Criminal Justice Act 1988).

An offence is committed by any person who has with him on school premises an offensive weapon. (Prevention of Crime Act 1953)

Penalty: Summary 6 months imprisonment and/or a fine.

Indictment for an article 2 years imprisonment and/or a fine

Weapon 4 years imprisonment and/or a fine

Nuisance/Disturbance on school premises.

Section 47 of the Education Act 1996 creates the offence of causing a nuisance or disturbance on school premises and gives the police power to remove people committing such an offence. (Education Act 1996)

Penalty: Summary offence (fine only)

Crossbows

Crossbows are extremely accurate weapons and potentially as lethal as a firearm. This legislation creates offences in relation to persons under 17 years preventing them from possessing, hiring or purchasing crossbows.

Offence.

A person who sells or lets on hire a crossbow under the age of 17 is guilty of an offence unless he believes him to be 17 years of age or older and has reasonable cause for that belief. (Crossbows Act 1987).

Penalty: Summary Offence,  6 months imprisonment and/or a fine.

To possess a Crossbow

Offence

A person under the age of 17 who has with him-

1. A crossbow which is capable of discharging a missile, or
2. Parts of a crossbow which together (and without any other parts) can be assembled to form a crossbow capable of discharging a missile

is guilty of an offence, unless he is under the supervision of a person who is 21 years of age or older. (Crossbows Act 1987).

Penalty: Summary Offence (fine only)

Airguns

The law makes no distinction between air rifles and more powerful guns for which you need a licence – they are all classed as firearms. This means that any offence you commit can carry a very heavy penalty – and there are at least 38 different offences.

Offences

It is an offence for a person under the age of 17 to purchase or hire any fire arm or ammunition.

It is an offence to sell or let on hire any firearm or ammunition to a person under the age of 17. (Fire Arms Act 1968 and the Violent Crime Reduction Act 2006).

Penalty: summary only offence 6 months imprisonment and or a fine.

A summary of the main offences are outlined in the next slide.

See also: air-weapons-safety-leaflet.pdf

14 – 17 years

They cannot:

• buy or hire an air rifle, or ammunition, or receive one as a gift. An air rifle and ammunition must be bought and looked after by someone over 18 – normally a parent, carer or some other responsible adult.
• have an air rifle in a public place unless they are supervised by somebody aged 21 or over, and they have a reasonable excuse to do so (for example, while on the way to a shooting ground).

They can:

• borrow an air rifle and ammunition or use an air rifle, without supervision, on private premises when they have permission.

It is illegal to sell an air rifle or ammunition to a person under 18 years of age

Under 14 years

They cannot:

• buy, hire or receive an air rifle or its ammunition as a gift, or shoot, without adult supervision.

Parents or carers who buy an air rifle for use by someone under 14 must exercise control over it at all times, even in the home or garden.

They can:

• use an air rifle under supervision on private premises with permission from the occupier - normally the owner or tenant. The person who supervises them must be at least 21 years old.

It is illegal to sell an air rifle or ammunition to a person under 18 years of age

Possession of a Firearm or Imitation Fire Arm in a Public Place

You might think fake weapons are less of a big deal than real ones but, actually, carrying an imitation weapon has serious consequences. This includes BB guns also.

The Firearms Act 1968 states, "An imitation firearm is anything which has the appearance of being a firearm, regardless of whether or not it is capable of discharging a shot, bullet or other missile."

Offence.

A person commits an offence if, without lawful authority or reasonable excuse he has with him in a public place:

• A loaded shotgun
• An air weapon (whether loaded or not).
• Any other firearm, together with ammunition suitable for use in that firearm or
• an imitation firearm. (Fire Arms Act 1968 and the Violent Crime Reduction Act 2006)

Penalty: Either way offence. Summary 6 months imprisonment and/or fine

Indictment 7 years imprisonment and/or fine.

BB Guns

A BB gun (ball bearing gun) counts as an imitation firearm. Although they are usually sold as toys, they can easily be used in crime. While they are less powerful than 'real' guns they are still firing out missiles that can and do hurt people, damage property and cause upset.

BB guns may be advertised as ‘totally harmless providing safety rules are followed’. The problem is that these guns can get into the hands of young people who are not keeping to the safety rules.

If something gets broken or damaged by a pellet from a BB gun, intentionally or recklessly, its still Criminal Damage! If someone is hurt by a pellet hitting them, it is an Assault. Depending on the injury it will be dealt with as Common Assault or Actual Bodily Harm.

Where a toy is considered to be an imitation firearm, the purchase will have to be made by a parent or other person aged 18 or over.

Shotguns

There are a number of offences relating to shotguns. The list below are some of the primary offence.

It is an offence (except in certain circumstances) to possess a shotgun without a current shotgun certificate or temporary police permit.

It is an offence to give or sell a shotgun to someone who is  not authorised to possess it – usually by virtue of a shotgun certificate.

When acquiring a shotgun, you must inform the police force which issued your certificate by recorded delivery within seven days of the transfer. If you give or sell a shotgun to anyone, (or lend a gun for more than 72 hours) you must enter it on the other person’s certificate and also notify the police force which issued your own certificate by recorded delivery within seven days.

In most cases it is an offence to sell cartridges to someone without seeing their shotgun certificate.

You are responsible for the security of any shotguns in your possession at all times.

Shotguns

When not in use, shotguns must be stored securely, in order to prevent – so far as is reasonably practicable – access by unauthorised persons.  When in use, reasonable precautions must be taken for their safe custody.

It is an offence to sell or hire a shotgun to someone under 18 years of age.

It is an offence for a person under the age of 15 to have with him or her an assembled shotgun except while under the supervision of a person of 21 or more, or while the shotgun is so covered with a securely fastened gun cover that it cannot be fired.

It is an offence to be in possession of a loaded shotgun in a public place without lawful authority or reasonable excuse. (Fire Arms Act 1968)

Penalty: These are Either way Offences and should be checked out on an individual basis.

Police Powers

The Police have a wide range of powers that they use as part of their work to stop crime and protect law-abiding people.

The powers Police use are set out under the Police and Criminal Evidence Act 1984 (PACE), which was designed to balance the powers of the police with the rights and freedoms of the general public.

The current PACE codes of practice set out police powers, including custody and stop and search. See also: http://www.homeoffice.gov.uk/police/powers/pace-codes/

Issues surrounding Stop and Search are discussed in ‘What you need to know’