Firearms and Offensive Weapons Act 1990

Trespassing with a knife, weapon of offence or other article.

10

10.(1) Where a person is on any premises as defined in subsection (2) as a trespasser, he shall be guilty of an offence if he has with him—

(a) any knife or other article to which section 9 (1) applies, or

(b) any weapon of offence (as defined in subsection (2)).

(2) In this section—

premises” means any building, any part of a building and any land ancillary to a building;

weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding F18[5,000] or to imprisonment for a term not exceeding twelve months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.

Annotations

Amendments:

F18

Substituted (1.08.2006) by Firearms and Offensive Weapons Act 1990 (12/1990), s. 8A as inserted by Criminal Justice Act 2006 (26/2006), s. 64 and sch. 1, S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E6

Offences under section designated serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 16(d), 29 and 30, S.I. No. 315 of 1998; as substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(b), S.I. No. 236 of 2007.