1AF1Offence of threatening with offensive weapon in public

1

A person is guilty of an offence if that person—

a

has an offensive weapon with him or her in a public place,

b

unlawfully and intentionally threatens another person F5(“A”) with the weapon, and

c

does so in such a way that F6a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

F72

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3

In this section “ public place ” and “ offensive weapon ” have the same meaning as in section 1.

4

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding F10the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

F24A

For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.

F45

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F46

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F47

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8

In relation to an offence committed before F82 May 2022, the reference in subsection (4)(a) to F9the general limit in a magistrates’ court is to be read as a reference to 6 months.

F39

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10

If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 1, the person may be convicted of the offence under that section.