Page:Public Order and Safety (Special Powers) Act 2018.pdf/52

This page has been proofread, but needs to be validated.
52
NO. 26 OF 2018


(a) that some other person was in possession of the offensive weapon; or
(b) that the occupier—
(i) had no knowledge or reasonable means of knowledge that the offensive weapon was in or on the premises; and
(ii) had taken all reasonable precautions against the offensive weapon being kept in or on the premises.

(7) In any prosecution for an offence under subsection (3), it shall be presumed, until the contrary is proved, that any offensive weapon was intended to be used for a purpose prejudicial to controlling public disorder or restoring or maintaining public order if—

(a) the quantity of offensive weapons found exceeded the quantity reasonably required to be kept by the accused for ordinary use in the accused’s household or establishment and (in the case of a person carrying on business) exceeded the quantity reasonably required to be kept in the ordinary course of such business;
(b) the offensive weapons were kept concealed or in a place other than that in which they might reasonably be expected to be kept for domestic or, in the case of a person carrying on business, for business purposes; or
(c) the offensive weapons were kept in containers other than containers of a kind in which such weapons are ordinarily kept for domestic or, in the case of a person carrying on business, for business purposes.

Enhanced penalty for certain offences committed in target area

42.—(1) A person who—

(a) when within the target area of a special authorisation, commits or attempts to commit; or