Weapons

An offensive weapon is any article which is made, intended or adapted to cause injury. Offensive weapon can be broken down into two categories: 

a) Those that are made as an offensive weapon (e.g. knuckle- duster, dagger, gun) or adapted (e.g. broken bottle) for use for causing injury to the person; and 

b) Weapons not made or adapted as an offensive weapon (e.g. kitchen knife, spanner, hammer) but intended by the person having in possession of it to cause injury to another 

Security Operatives do have the power to search for weapons, using force as is reasonable in the circumstances. It is important that Security Operatives do not put themselves at risk. 

Offences

Section 1 of the Prevention of Crime Act 1953 prohibits the possession in any public place of an offensive weapon without lawful authority or excuse. 

Section 139 of the Criminal Justice Act 1988 prohibits having with you, in a public place any article which has a blade or is sharply pointed, (including a folding pocket knife if the cutting edge of its blade exceeds 7.62cm/3 inches) 

139A(1) Any person who has an article to which section 139 of this Act applies with themselves shall be guilty of an offence. 

139A(2) Any person who has an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953 with themselves shall be guilty of an offence. 

 

Defences

139A(3) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that they had good reason or lawful authority for having the article or weapon with them on the premises in question.

139A(4) Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that they had the article or weapon in question with them:-

(a )For use at work
(b) for educational purposes
(c) for religious reasons, or 
(d) as part of any national costume. 
 

BB guns (plastic pellet guns) 

The possession of these types of guns under legislation is not an offence as they are deemed to be toys. However, if from the Client’s perspective they breach site rules, they could be seized and retained.

If an item is found which is suspected to be a gun, and it cannot be ascertained whether it is a genuine firearm or a BB gun, it should always be treated as a firearm and the police called to make that decision. 

Possession of these items becomes an offence when a person is misled into believing they are genuine firearms in order to provoke fear; the BB gun may then be classed as an imitation firearm. Circumstances giving rise to this belief may include use: 

  1. in connection with a robbery
  2. To threaten someone
  3. As a weapon to assault someone, e.g. pellet injures 
 
Contacting the police 

The presumption would be to contact the police unless in exceptional circumstances where there is a reasonable explanation or set of circumstance where it is obvious that a weapon or prohibited article has been brought on to the site as a genuine mistake. 

The weapon should be seized and stored securely. 

Security Operatives that are authorised to search someone on site for offensive weapons, must follow the Search protocols outlined in the Security Assignment Manual. 

 

Aggravating factors 

Therefore as the police will be involved in most situations where a weapon is involved, the full circumstances relating to the incident will be investigated.

 

see attached flowchart below