Amendment to Firearms Law.

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A decision made (26/07/2006) regarding Amendment to Firearms (Jersey) 2000 - Bladed or Pointed Articles.

Subject:	Amendment to Firearms (Jersey) Law 2000 – Bladed or Pointed Articles
Decision Reference:	MD-SoJP-2006-0002		Exempt clause(s):	N/A
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	N/A
Telephone or e-mail Meeting?	N/A		Report File ref:	SOJP/COS/7.3
Written report – Title	WR – Firearms Law Amendment
Written report – Author (name and job title)	Sergeant Lee Turner, Staff Officer to Chief Officer of Police
Decision(s): The Minister approved the forwarding of law drafting instructions from the Chief Officer of Police to the Law Draftsman for amendment to the Firearms (Jersey) Law 2000.
Reason(s) for decision: Existing legislation requires the proof of intent to cause harm in order to obtain a conviction for the possession in public of items that are not made or intended to cause harm. Consequently it is difficult to obtain convictions for the carrying of knives which are not specifically “made” or “adapted” for causing harm. The amendment will make it an offence for a person to possess, in public, a bladed or sharply pointed article without lawful authority or reasonable excuse. This restriction is in the interest of greater public safety.
Action required: Chief Officer, States of Jersey Police, to forward drafting instructions for such an amendment to the Law Draftsman.
Signature: (Minister/ Assistant Minister)		Date of Decision: 26 July 2006

Amendment to Firearms Law.

Amendment to the Firearms ( Jersey ) Law 2000

(i) Why is an amendment needed?

The States of Jersey Police together with the Magistrate have identified a deficiency in the existing legislation.

Article 43 of the Firearms (Jersey) Law 2000 states that “any person who without lawful authority or reasonable excuse (the proof of which shall lie on him) has with him or her in any public place any offensive weapon, shall be guilty of an offence……… “offensive weapon” means any article made or adapted for use for causing injury to the person, or intended by the person having it with him or her for such use by him or her.”

The Article creates two categories of offensive weapons. Those made or adapted for causing injury and which are often referred to as weapons per se. Here no intent to use the weapon is required although the defences of lawful authority or reasonable excuse are available provided that the accused can prove one of these on the balance of probabilities. Those articles intended for causing injury include such items such as knives which are not offensive weapons per se as they have a legitimate use other than as a weapon – this includes the vast majority of knives. Here a specific intent to use for causing injury must be proved beyond reasonable doubt. However in the absence of an admission or other corroboration, convictions are difficult to obtain.

This difficulty is highlighted at a time when concerns about the carrying of knives and the violent use thereof throughout the United Kingdom are high. There are grounds to believe that the carrying of bladed or pointed articles by persons in public places is on the increase in Jersey, the safety of the public is an obvious and significant concern.

(ii) What is the amendment intended to achieve?

The amendment to existing legislation is intended to bring greater safety to the general public in Jersey by strengthening the restriction on the possession of bladed or sharply pointed articles in public. It is in the public interest that such restrictions be strengthened. It is reasonable and proportionate to shift the burden of proof onto an accused person that he or she was carrying such an article with lawful authority or reasonable excuse.

(iii) How is the amendment to achieve that effect?

By prohibiting the possession in public of bladed or sharply pointed articles whilst providing for defences where such possession is lawful or reasonable (for example, if needed for a trade, national costume, or religious purposes).

(iv) How will the amendment effect existing law and practice?

The amendment will not repeal any existing legislation but will place further restriction on the possession in public of dangerous articles and assist in securing convictions by removing the intent element that is currently difficult to prove when dealing with the carrying of knives.

Detailed Instructions

Legislation similar to section 139 of the Criminal Justice Act 1988 is suggested and it is proposed therefore that an additional Article be included within the Firearms (Jersey) Law 2000 to make it an offence to possess, in a public place, any article with a blade, or which is sharply pointed (and should exclude folding pocket knives other than those whose blade is less than three inches in length).

There are instances of course when possession of such articles can be justified and there should be provision for a defence if an accused can prove on the balance of probabilities that he or she had either lawful authority or reasonable excuse for possession of such an item. Without impacting upon the generality of such justification, this should allow for possession of such articles where they are needed for one’s trade or profession, and for national costume or religious purposes.

It is felt that attempting to include bladed or sharply pointed articles within the definition of an offensive weapon would be problematic and that the essence of this amendment should be clear in that the carrying of such articles themselves in public is to be prohibited. The underlying concept of an ‘offensive weapon’ is one of a purpose to cause injury – it is felt that the prohibition of carrying bladed or sharply pointed articles would be clearer and strengthened by remaining distinct from the definition of an offensive weapon.

A resultant minor amendment to the Police Procedures and Criminal Evidence (Jersey) Law 2003 would be required in respect of police powers to stop and search for “prohibited articles”. These are defined in Article 4 as articles connected to ‘specified offences’ or ‘offensive weapons’. If bladed or sharply pointed articles are not to be categorised as ‘offensive weapons’ then the definition of a ‘prohibited article’ would need extension to include such articles as an extension to police powers to stop and search in this respect is vital.

Sergeant Lee Turner

Staff Officer

20th July 2006