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单词 offensive weapon
释义

offensive weapon
Any object that is made, adapted, or intended to be used to cause physical injury to a person. Examples of objects made to cause injury are revolvers, coshes, and daggers; objects adapted to cause injury include bottles deliberately broken to attack someone with and sawn-off shotguns. In theory any object may be intended to be used to cause injury, but articles commonly intended for such use include sheath knives (or any household knife), pieces of wood, and stones.

It is an offence under the Prevention of Crime Act 1953 to have an offensive weapon in one’s possession in a public place. This offence is punishable summarily by up to six months’ imprisonment and/or a fine at level 5 on the standard scale or on indictment with up to four years’ imprisonment and/or a fine, and the court may order the weapon to be forfeited. There are special exceptions for those, such as soldiers or police officers, who carry offensive weapons in the course of duty (Houghton v Chief Constable of Greater Manchester (1986) 84 Cr App R 319) and in cases of “reasonable excuse”, but the defendant must prove that he comes within these categories. Self-defence is not usually a reasonable excuse unless there is an imminent and particular threat.

It is also an offence (finable only), under the Criminal Justice Act 1988, to possess in a public place a bladed or sharply pointed article (other than a folding penknife with a blade of three inches or less). Here, it is a defence to prove that the article was for use at work, for religious reasons (e.g. a Sikh’s dagger), or part of a national costume, or that there was authority or good reason for its possession. The 1988 Act also gives the Home Secretary power to prohibit the manufacture, sale, hire, and importation of certain offensive weapons. See also firearm; weapon of offence; prohibited weapon.

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更新时间:2024/10/27 7:30:23