s6 Control of Controlled Weapons

Have you been charged with Control of Controlled Weapons under section 6 of the Control of Weapons Act 1990?

Section 6 contains a range of offences relating to the possession, carrying and use of controlled weapons without lawful excuse, as well as the sale to and purchase of controlled weapons by a child. A controlled weapon is defined by Schedule 2 of the Control of Weapons Regulations 2011 as a:

1. Spear gun;
2. Baton or Cudgel, being a short stout stick made of any material designed as a weapon, including the weapon commonly known as a “police nightstick”;
3. Bayonet, being a thrusting, striking or cutting weapon designed to be attached to a firearm; or
4. Cattle prod.

You may have a range of defences available to you which you are unaware of. For example, can the prosecution prove all elements of the charge? Did you have a lawful excuse for the controlled weapon under section 6 (3) of the Control of Weapons Act 1990? Were you aware that the person purchasing the weapon was a child? Was the controlled weapon carried in a safe and consistent manner?

The legislation is complex. You should contact an experienced criminal lawyer to help you before letting a court know how you intend to plead.

For more information relating to Control of Controlled Weapons, please read below.

The offence

Section 6 of the Control of Weapons Act 1990.

For all offences under section 6, the prosecution must prove:

The weapon fell under the definition of a controlled weapon from schedule 2 of the Control of Weapons Regulations 2011.

For a charge under section 6 (1):

That the defendant possessed, carried or used a controlled weapon without lawful excuse.

For a charge under section 6 (1AA) and 6 (1AB):

1. That the defendant was a child;
2.  That the defendant purchased/was sold the controlled weapon.

For a charge under section 6 (1A):

1. That the defendant was either in or in the immediate vicinity of a licensed premises or public place;
2. That the defendant possessed, carried or used a controlled weapon without lawful excuse.

For a charge under section 6 (2):

That the defendant was not carrying the controlled weapon in a safe and secure manner consistent with a lawful excuse.

The maximum penalty

The maximum penalty depends on which charge under section 6 of the Control of Weapons Act you have received:

Section 6 (1): 120 penalty units or 1 year imprisonment.

Section 6 (1AA): 12 penalty units.

Section 6 (1AB) and (2): 20 penalty units.

Section 6 (1A): 240 penalty units or 2 years imprisonment.

Where will my case be heard?

Most charges under section 6 of the Control of Weapons Act will be heard in the Magistrates’ Court.

What to do next?

Being convicted under section 6 of the Control of Weapons Act 1990 can result in harsh penalties, including imprisonment. To ensure you allow sufficient time to prepare for your matter thoroughly, make an appointment with one of our experienced criminal lawyers today.

The legislation

Section 6 Control of controlled weapons

(1) A person must not possess, carry or use a controlled weapon without lawful excuse.

Penalty: 120 penalty units or imprisonment for 1 year.

(1AA) A child must not purchase a controlled weapon.

Penalty: 12 penalty units.

(1AB) A person must not sell a controlled weapon to another person knowing that the other person is a child.

Penalty: 20 penalty units.

(1AC)  For the purposes of subsections (1AA) and (1AB), a controlled weapon does not include a disposable knife made of plastic, bamboo or wood and designed for eating purposes.

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a controlled weapon without lawful excuse.

Penalty: 240 penalty units or imprisonment for 2 years.

(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.

(2) A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used.

Penalty: 20 penalty units.

(3) In this section “lawful excuse” includes—

(a) the pursuit of any lawful employment, duty or activity; and

(b) participation in any lawful sport, recreation or entertainment; and

(c) the legitimate collection, display or exhibition of weapons—

but does not include for the purpose of self-defence.

(4) In considering whether a person has lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances, such as time and location, of the incident.