Have you been charged with an offence against the Control of Use of Dangerous Articles?
A “dangerous article” is defined under section 3 of the Control of Weapons Act 1990 as:
(b) an article which has been adapted or modified so as to be capable of being used as a weapon; or
(c) any other article which is carried with the intention of being used as a weapon.
If you have been charged with Control of Use of Dangerous Articles, there are several questions to consider carefully.
Can the prosecution establish all elements of the offence? Was the alleged dangerous article one which can fall under the definition above or did you have a lawful excuse for carrying the dangerous article? Did you act alone?
You should consider contacting an experienced criminal lawyer to guide you through the process of dealing with your charge.
For more information on Control of Use of Dangerous Articles, please continue reading below.
The offence
Section 7 of the Control of Weapons Act 1990.
The prosecution must prove:
The alleged dangerous article falls under the definition in section 3 of the Control of Weapons Act 1990;
The defendant possessed or carried the dangerous article in a public place or licensed venue, or in the immediate vicinity of a licensed venue;
The defendant had no lawful excuse for carrying or possessing the dangerous article.
The maximum penalty
The maximum penalty ranges from 60 penalty units or 6 months imprisonment to 120 penalty units or 1 year imprisonment, depending on whether the defendant was in or in the vicinity of a licensed premises.
Where will my case be heard?
Control of Use of Dangerous Articles will be heard in the Magistrates’ Court.
What to do next?
As a conviction for Control of Use of Dangerous Articles can result in imprisonment, it is important that you contact an experienced criminal lawyer immediately to begin preparing for your matter. Preparation in relation to any matter is vital, and should not be left to the last minute.
The legislation
Section 7 Control of use of dangerous articles
(1) A person must not in a public place possess or carry a dangerous article without lawful excuse.
Penalty: 60 penalty units or imprisonment for 6 months.
(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 or carry a dangerous article without lawful excuse.
Penalty: 120 penalty units or imprisonment for 1 year.
(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) 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 the article; and
(d) the use of the article for the purpose for which it is designed or intended—
but does not include possession or carriage of a dangerous article for the purpose of self-defence.
(4) In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident.
