Prevention of Crime Act 1953
Encyclopedia
The Prevention of Crime Act 1953 (C.14) is an Act
of the Parliament of the United Kingdom
that restricts the carrying of offensive weapons in public. The Act was passed in response to the large rise in violent crime in the United Kingdom, with 800 cases of armed robbery, assault with intent to rob or robbery with violence and 4,445 cases of malicious wounding in 1951 (the last year up to that point with such statistics). While many of these may not have included weapons, if the police found somebody in a public place with a weapon then (unless it was a firearm or imitation firearm) they were powerless to detain them or confiscate the weapon. The Prevention of Crime Act was created to resolve this, receiving the Royal Assent
on 6 May 1953 and coming into force on 6 June.
Under the original Act, a person found in a public place carrying an offensive weapon commits a criminal offence punishable by up to 2 years in prison. A public place includes highways and anywhere to which the public could regularly have access – such as post offices and train stations. The Act makes certain attempts to define an offensive weapon, dividing it into three categories: "articles made for causing injury to the person", such as knuckledusters
and batons
; "articles adapted for use for causing injury", such as a sock with a brick in it; and "articles intended for use for causing injury to the person", which would include normal, day-to-day items such as scissors. For a conviction under the third category, the prosecution must show evidence that the defendant was intending to use it as an offensive weapon. There is a defence if the defendant had "lawful authority or a reasonable excuse" for carrying the instrument. The onus to provide a reasonable excuse is on the defendant, which is unusual since English criminal law has a principle that defendants are "innocent until proven guilty".
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that restricts the carrying of offensive weapons in public. The Act was passed in response to the large rise in violent crime in the United Kingdom, with 800 cases of armed robbery, assault with intent to rob or robbery with violence and 4,445 cases of malicious wounding in 1951 (the last year up to that point with such statistics). While many of these may not have included weapons, if the police found somebody in a public place with a weapon then (unless it was a firearm or imitation firearm) they were powerless to detain them or confiscate the weapon. The Prevention of Crime Act was created to resolve this, receiving the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 6 May 1953 and coming into force on 6 June.
Under the original Act, a person found in a public place carrying an offensive weapon commits a criminal offence punishable by up to 2 years in prison. A public place includes highways and anywhere to which the public could regularly have access – such as post offices and train stations. The Act makes certain attempts to define an offensive weapon, dividing it into three categories: "articles made for causing injury to the person", such as knuckledusters
Brass knuckles
Brass knuckles, also sometimes called knuckles, knucks, brass knucks, or knuckledusters, are weapons used in hand-to-hand combat. Brass knuckles are pieces of metal, usually steel despite their name, shaped to fit around the knuckles...
and batons
Club (weapon)
A club is among the simplest of all weapons. A club is essentially a short staff, or stick, usually made of wood, and wielded as a weapon since prehistoric times....
; "articles adapted for use for causing injury", such as a sock with a brick in it; and "articles intended for use for causing injury to the person", which would include normal, day-to-day items such as scissors. For a conviction under the third category, the prosecution must show evidence that the defendant was intending to use it as an offensive weapon. There is a defence if the defendant had "lawful authority or a reasonable excuse" for carrying the instrument. The onus to provide a reasonable excuse is on the defendant, which is unusual since English criminal law has a principle that defendants are "innocent until proven guilty".