Page:Public Order and Safety (Special Powers) Act 2018.pdf/51

Rh : any manner prejudicial to controlling public disorder or restoring or maintaining of public order in the target area of a special authorisation.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 7 years and shall also be liable to caning.

Carrying, etc., offensive weapon in target area

41.—(1) A person commits an offence if the person—
 * (a) is carrying or has in the person’s possession or under the person’s control any offensive weapon, other than for a lawful purpose; and
 * (b) is within the target area of a special authorisation.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to caning.

(3) A person commits an offence if the person—
 * (a) is carrying or has in the person’s possession or under the person’s control any offensive weapon; and
 * (b) is found within the target area of a special authorisation in circumstances which raise a reasonable presumption that the offensive weapon is intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining of public order.

(4) A person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to caning.

(5) In proceedings for an offence under subsection (3), it is a defence if the accused proves on a balance of probabilities that the accused possessed the offensive weapon solely for a lawful purpose.

(6) Where any offensive weapon is found in or on any premises, the occupier of the premises is taken to be in possession of the offensive weapon unless the occupier proves—