CJA 88 does not apply to Security Companies using headed notepaper purchasing batons for export overseas! A security operative acting as a "Courier" can transport the baton on the companies behalf to its delivery destination. The baton needs to go into the aircraft hold. Upon returning to the UK the baton is returned to the security company for servicing. It needs to be placed into a sealed tube and display a label stating it is being returned to the company to be serviced and the person carrying the baton in a sealed tube is the authourised courier acting on the security companies behalf!
I cut and paste a open source document details of the uk expert are contained within should anyone wish to seek further clarification on this subject... kind regards Upcheck....
CRIMINAL JUSTICE ACT 1988 (OFFENSIVE WEAPONS) (AMENDMENT) ORDER 2004.
The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2004 (S.I.2004/1271) (“the Order”) will come into force on 5 June 2004. This circular draws attention to the provisions of the Order which has been made under the order-making powers in Section 141 (2) of the Criminal Justice Act 1988.
This Order has been introduced as a result of public safety concerns relating to the existence of stealth knives and truncheons. Stealth knives are non metallic hunting or stiletto knives, made of a range of materials, such as nylon zytel or high impact plastic. Although they look like conventional knives, they are difficult to detect by security apparatus. This measure aims to improve airline security.
Effect of the Order
2. The Order adds two new weapons, stealth knives and truncheons, to the list of weapons contained in the Criminal Justice Act 1988 (Offensive Weapons) Order 1988. The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 details the weapons to which Section 141 of the Criminal Justice Act 1988 applies. Consequently it is now an offence under section 141 of the Criminal Justice Act 1988, for a person to manufacture, sell, import, hire, offer for sale or hire, expose or have in their possession for the purpose of sale or hire or lend or give to any other person a stealth knife or a truncheon. A person convicted under section 141 shall be liable on summary conviction to a maximum term of six months imprisonment and/or a fine not exceeding the sum of £5000 (level 5 on the standard scale). The Order applies to England, Wales and Northern Ireland.
3. It should be noted that the Order does not create an offence of simple possession of a stealth knife or truncheon. However the design and construction of stealth knives and truncheons is such that their possession in public, without lawful authority or reasonable excuse, may be unlawful either under section 1(1) of the Prevention of Crime Act 1953 or section 139 (1) of the Criminal Justice Act 1988.
4. Section 1(1) of the Prevention of Crime Act 1953 makes it an offence for any person, without lawful authority or reasonable excuse, to have an offensive weapon in a public place. An offensive weapon is defined in section 1(4) of that Act as, “any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him, or by some other person”. Section 139 (1) of the Criminal Justice Act 1988 makes it an offence for a person to have with him in a public place, without good reason or lawful authority, any sharply pointed article or any article having a blade(folding pocket knives are excluded unless the cutting edge of the blade exceeds three inches (7.62 cms). In the case of DPP v Hynde [1998] the Court took notice of the fact that an item was unlawful under the Criminal Justice Act 1988 in deciding it was clearly meant for causing injury.
Stealth knives and Truncheons
5. The Order defines a stealth knife as “a knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy”.
6. The Order defines a truncheon as “a straight, side-handled or friction-lock truncheon (sometimes known as a baton).” “Telescopic truncheons” are already contained in the Criminal Justice Act 1988 (Offensive Weapons) Order 1988.
7. The definition for a stealth knife has been carefully drawn up to deal with a specific type of knife and there are two key parts to it. The knife must
- Be made from a material that is not readily detectable by apparatus used for detecting metal
And
- Is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy.
8. Due to the number of stealth knives and truncheons in existence we are unable to give an exhaustive list of what items are included within the measure and to specify what is not included. However a careful reading of the definition should assist those whose task it is to enforce the legislation. Ultimately though it will be a matter for the Courts to decide whether a particular weapon is either a stealth knife or a truncheon.
Exemptions
9. Conduct for the purposes of functions carried out on behalf of the Crown, or a visiting force, are subject to a defence under Section 141 of the Criminal Justice Act. So too is conduct for the purposes of making the weapons available to museums or galleries and the loan or hire of such weapons by museums and galleries for cultural, artistic or educational purposes. Section 141 of the Act should be referred to for the defences.
10. The Criminal Justice Act 1988 (Offensive Weapons) Order 1988f excludes antique weapons and provides that, “a weapon is an antique if it was manufactured more than 100 years before the date of any offence alleged to have been committed in respect of that weapon under subsection (1) of the said section 141 or section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation).”
Contact Points.
11. Any enquires about this circular should be addressed in the first place to Jonathan Batt, 0207 273 3885.
MICHAEL GILLESPIE
Head of Public Order and Crime Issues Unit
June 2004