Chief Ministers Department
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202-03-101226 May 2016 Request 1. The number of items seized as weapons by the police for years 2011, 2012, 2013, 2014 and 2015 – a break down for each year. 2. For each year between 2011 and 2015, what items have been seized by the police which have been deemed as weapons? 3. For each year between 2011 and 2015 of those that have had items seized as weapons how many people were arrested, charged and convicted a break down for each year? Response The possession of an offensive weapon without lawful authority or reasonable excuse is described in Article 43 of the Firearms (Jersey) Law 2000. See link. https://www.jerseylaw.je/laws/revised/Pages/23.200.aspx#_Toc409186639 Some weapons are designed to cause harm and will automatically be classed as an offensive weapon. It is then down to the individual carrying that weapon to prove lawful possession. Somebody who lawfully holds a firearms certificate may take their gun(s) to and from the range. Taking them via the supermarket and carrying them around whilst shopping would not be lawful. Some weapons cannot be carried in public lawfully e.g. knuckledusters. Other items may become weapons: A kitchen knife, used in the correct environment for the intended purpose is not an offensive weapon. The same knife used to threaten someone in a public place is an offensive weapon. Similarly, items intended for innocent use e.g. a baseball bat, may become an offensive weapon if used or carried with intent to cause harm another. The States of Jersey Police record the crime of possession of an offensive weapon when an item is believed to be carried without lawful excuse or with the intent of causing harm to another. 1. The following figures indicate the number of items that have been seized and recorded on the States of Jersey Police’s property system as weapons by year. Some may have been handed in to the Police after having been found. (Not including firearms or ammunition). Other items used as weapons, e.g. a hammer, may not have been recorded as a weapon. 2011 2012 2013 2014 2015 32 22 41 28 23 Firearms and ammunition seized are recorded separately. These are usually seized as a result of the expiry of a certificate or the passing of a certificate holder and the weapons are no longer required. 2. Between 2011 and 2015 the following are some of the items that have been seized by police as offensive weapons: Knives: kitchen, pen, swiss army, flick, butterfly, craft, stanley, lock. Swords: samurai, army, bayonet, machete. Other: razor blades, baseball bat, knuckle duster, pepper spray, an axe, sock with a rock inside, piece of granite, martial arts equipment, hammer, crow bar, pool cue, bottle. 3. In some cases where another, more serious offence was committed at the same time as possession of the offensive weapon e.g. an assault, the court will take the use of the weapon into consideration when sentencing and may give no separate penalty for the possession offence or the prosecution may withdraw that offence. These cases are shown in ‘Other’ below. In other cases, after examination of the evidence it may become apparent that the person did have a lawful excuse to have the weapon or that there is insufficient evidence to gain a successful prosecution. Those shown as convicted below were convicted for Possession of an Offensive weapon in a public place. The convictions in ‘Other’ are in addition to the offensive weapon convictions. 2011 2012 2013 2014 2015 Arrests 21 24 18 24 20 Charged 19 22 17 19 13 Convicted 12 15 9 11 10 Other 6 7 6 8 2 cases still to go to court .