Sergeants Exam
Drugs, Firearms and Weapons
A revision guide to the Misuse of Drugs Act 1971, the Firearms Act 1968 and the sergeants-only weapons chapter of Blackstone's, with the section numbers, the burden of proof for each defence, the definitions that trip people up, and six worked practice questions pulled from our checked bank.
Independent information, not advice · Sources checked 4 October 2026 · England and Wales unless stated
Chapters 1.6 (Misuse of Drugs) and 1.7 (Firearms and Gun Crime) apply to the sergeants and inspectors exams, but chapter 1.8 (Weapons) is the sergeants' syllabus only, per the College's 2026 handbook Appendix A. Learn the offence, the defence and who must prove it. Under s.139 Criminal Justice Act 1988 the defendant proves the defence; s.5(4) and s.28 Misuse of Drugs Act also say 'prove', but R v Lambert reads s.28 as an evidential burden only. Learn what is and is not a firearm, and which offences take an imitation.
Drugs, firearms and weapons at a glance
This is a topic page in our promotion series. For what the exam is and how it is marked, see the sergeant exam explained, and for the other Crime topics see non-fatal offences and public order offences. The statutory wording, section numbers and maximum penalties below were read on legislation.gov.uk on 4 October 2026, and are current as in force on that date.
| Point | What to know |
|---|---|
| Syllabus chapters (2026 edition) | 1.6 Misuse of Drugs, 1.7 Firearms and Gun Crime, 1.8 Weapons. Chapter 1.8 is the sergeants' syllabus only (candidate handbook Appendix A) |
| Possession of a controlled drug | s.5(2) Misuse of Drugs Act 1971; s.5(4) and s.28 say the accused must 'prove' the defence, but R v Lambert reads s.28 as an evidential burden only |
| Possession with intent to supply | s.5(3); applies whether the possession is lawful or not; no fixed quantity |
| Supply, production, cultivation | s.4(3) supply or offer to supply, s.4(2) production, s.6(2) cannabis cultivation |
| Occupiers and managers | s.8: knowingly permitting or suffering production, supply, preparing opium for smoking, or smoking cannabis or opium |
| Search power for drugs | s.23(2) reasonable grounds to suspect: search, detain for search, stop and search vehicle, seize; s.23(3) JP warrant |
| Firearm categories | s.1 certificate firearms, s.2 shot guns, s.5 prohibited weapons (authority from the Secretary of State) |
| Criminal use of firearms | s.16 intent to endanger life, s.16A intent to cause fear of violence, s.17 resisting arrest, s.18 criminal intent, s.19 public place, s.20 trespass |
| Offensive weapon in public | s.1 Prevention of Crime Act 1953: made, adapted or intended for injury; lawful authority or reasonable excuse |
| Blade or point in public | s.139 Criminal Justice Act 1988: no intent needed; defendant proves good reason or lawful authority |
| March 2026 count (one sitting) | 13 of 140 scored questions were under these three skills: drugs 5, firearms 3, weapons 5. Not a forecast |
The College says the exam tests only the law as it appears in the Manuals edition for the sitting. The chapter numbers on this page are Blackstone's 2026 edition chapters, taken from Appendix A of the College's 2026 candidate handbook (September 2025). We could not open the 2027 handbook's Appendix A, so these are not verified 2027 numbers: check your contents page.
Chapter 1.8 Weapons: the sergeants' syllabus only
Appendix A of the College's 2026 candidate handbook says all areas of the syllabus apply to both the sergeants' and inspectors' examinations, except chapter 1.8, which is for the sergeants' examination only. That is the rule that decides how much of this page you need. The practical effect is below.
| Candidate | Position | What to do |
|---|---|---|
| Sergeants' paper | Chapter 1.8 Weapons is examined | Revise Prevention of Crime Act 1953 s.1, CJA 1988 ss.139 to 141A, and the other 1.8 topics below |
| Inspectors' paper | Chapter 1.8 is not examined (per the 2026 handbook Appendix A) | Do chapters 1.6 and 1.7 only; the weapons law below is not on your syllabus |
| Where it is stated | Appendix A, candidate handbook 2026: 'except chapter 1.8, which is for the sergeants' examination only' | Check the 2027 handbook for the 2027 sittings; we could not open its Appendix A |
| The rule that sets what is tested | The exam tests only the law as it appears in the Manuals edition for the sitting | A weapons rule in the news is examined only if it is in your edition |
In the March 2026 sergeants' breakdown, 5 of the 140 scored questions were under the skill heading Weapons, with subjects including having a bladed or pointed article in a public place, having an offensive weapon in a public place, knives, manufacture and sale of weapons, and trespassing with a weapon of offence. That is a count for one sitting, and the College says the breakdown should not be used to predict other papers. See what comes up in the exam for how the breakdowns work.
Misuse of Drugs Act 1971: classification and offences
Controlled drugs are those in Schedule 2 (s.2). Class A, Class B and Class C mean the substances in Parts I, II and III of that Schedule. The class matters for the penalty, not for whether possession is an offence.
| Class | Where | Examples we checked in Schedule 2 | Maximum on indictment |
|---|---|---|---|
| Class A | Schedule 2 Part I | Cocaine, diamorphine (heroin), and the other substances listed in Part I | Possession 7 years; supply, production and PWITS life |
| Class B | Schedule 2 Part II | Cannabis and cannabis resin, amphetamine, ketamine | Possession 5 years; supply, production and PWITS 14 years |
| Class C | Schedule 2 Part III | Nitrous oxide is listed here, as are certain benzodiazepines | Possession 2 years; supply, production and PWITS 14 years |
| Temporary class drugs | s.2A and s.2(1)(c) | Controlled by a temporary class drug order | s.5(1) and (2) do not apply to a temporary class drug (s.5(2A)); we have not covered the separate regime |
The main offences
| Offence | Section | Elements | Maximum on indictment |
|---|---|---|---|
| Possession | s.5(2) | Have a controlled drug in possession in contravention of s.5(1) | 7 / 5 / 2 years (A / B / C) |
| Possession with intent to supply | s.5(3) | Have a controlled drug in possession, whether lawfully or not, with intent to supply it to another | Life / 14 / 14 years |
| Supplying or offering to supply | s.4(3) | Supply or offer to supply; be concerned in the supplying; be concerned in making an offer. 'Supplying' includes distributing (s.37(1)) | Life / 14 / 14 years |
| Production | s.4(2) | Produce, or be concerned in the production of, a controlled drug | Life / 14 / 14 years |
| Cultivation of cannabis | s.6(2) | Cultivate any plant of the genus Cannabis | 14 years |
| Occupiers | s.8 | Occupier or concerned in management who knowingly permits or suffers a listed activity | 14 years (all classes) |
| Articles for administering or preparing | s.9A | Supply or offer to supply articles believing they will be used to administer or prepare a drug unlawfully. Hypodermic syringes are excluded from s.9A(1) | Summary only: 6 months or level 5 fine |
| Obstruction of s.23 powers | s.23(4) | Intentionally obstruct a person using s.23 powers; conceal documents or drugs; fail to produce books on demand | 2 years on indictment |
- Possession (s.5(2)). Section 5(1) makes it unlawful to have a controlled drug in possession subject to regulations under s.7. Section 5(2) makes it an offence, subject to s.28 and s.5(4).
- PWITS (s.5(3)). There is no weight that turns possession into possession with intent to supply. Quantity, packaging, scales, cash and messages are evidence of intent, none decisive alone.
- Supply (s.4(3)). Supplying or offering to supply, being concerned in the supplying, or being concerned in making an offer. Supplying includes distributing (s.37(1)).
- Psychoactive substances (chapter 1.6.15). The Psychoactive Substances Act 2016 creates separate offences of producing (s.4), supplying or offering to supply (s.5), possessing with intent to supply (s.7), importing or exporting (s.8) and possession in a custodial institution (s.9). The maximum on indictment for ss.4 to 8 is 7 years under s.10, and for s.9 it is 2 years. Mere possession outside a custodial institution is not an offence under that Act.
Drugs: the defences, s.8 and s.23 powers
The defences are where most drugs questions are won or lost. In all of them the statute says the accused must prove it. For s.28, the House of Lords in R v Lambert [2001] UKHL 37 said this should be read as an evidential burden only: once the defendant raises evidence of the defence, the prosecution must disprove it. The CPS drug offences guidance states the law that way.
| Section | What the statute says the defendant proves | Point to remember |
|---|---|---|
| s.5(4)(a) | Took possession, knowing or suspecting it to be a controlled drug, to prevent another committing or continuing an offence with it, and as soon as possible took all steps reasonably open to destroy it or deliver it to a person lawfully entitled to take custody | Two limbs. The purpose and the prompt action. The statute says the defendant must prove both |
| s.5(4)(b) | Took possession, knowing or suspecting it to be a controlled drug, to deliver it into the custody of a person lawfully entitled, and as soon as possible took all steps reasonably open to do so | Applies to s.5(2) only, not PWITS under s.5(3) |
| s.28(2) | Neither knew of, nor suspected, nor had reason to suspect the existence of some fact alleged by the prosecution which it is necessary to prove | Applies to ss.4(2) and (3), 5(2) and (3), 6(2) and 9. The statute says 'prove', but under R v Lambert the defendant bears only an evidential burden |
| s.28(3) | Substance proved to be the controlled drug alleged: no acquittal just because he did not know which drug. Acquitted if he proves he neither believed nor suspected nor had reason to suspect it was a controlled drug, or believed it was one he could have had without offence | The mistake-about-which-drug trap |
Occupiers: s.8
An occupier or person concerned in the management of premises commits an offence if they knowingly permit or suffer any of four activities on the premises: producing or attempting to produce a controlled drug; supplying or attempting to supply, or offering to supply; preparing opium for smoking; or smoking cannabis, cannabis resin or prepared opium. The maximum on indictment is 14 years whatever the class. A tenant in her own flat can be an occupier. The list is closed, so knowingly allowing guests to use other drugs is not caught by s.8.
Police powers: s.23
| Power | What it allows | Condition |
|---|---|---|
| s.23(2)(a) | Search the person and detain for the purpose of searching | Reasonable grounds to suspect possession of a controlled drug in contravention of the Act |
| s.23(2)(b) | Search a vehicle or vessel in which the drug may be found; require the person in control to stop it | Constable suspects the drug may be found there |
| s.23(2)(c) | Seize and detain anything found which appears to be evidence of an offence under the Act | Found in the course of the search |
| s.23(3) | JP warrant to enter and search premises and any persons found there; seize drugs or documents | Information on oath of reasonable ground for suspicion; warrant valid for one month; entry by force if need be |
| s.23(4) | Offence to obstruct a person exercising these powers | Intentional obstruction; maximum 2 years on indictment |
Section 23(2) is a power to search a person or a vehicle or vessel. Entry to premises under s.23(3) needs a warrant on information on oath. A question that offers 'enter and search a house under s.23(2) on reasonable suspicion' is wrong. Other entry powers, such as under PACE, are covered on our PACE searches and arrest page.
Firearms Act 1968: definitions and categories
Chapter 1.7 starts with definitions, and most firearms questions turn on them. In section 57, as in force on 4 October 2026, a firearm means a lethal barrelled weapon, a prohibited weapon, or a relevant component part of either. A lethal barrelled weapon is a barrelled weapon of any description from which a shot, bullet or other missile with kinetic energy of more than one joule at the muzzle can be discharged (s.57(1B)). Relevant component parts (s.57(1D)) are a barrel, chamber or cylinder; a frame, body or receiver; and a breech block, bolt or other mechanism for containing the pressure of discharge at the rear of a chamber, where capable of being used as part of such a weapon. An airsoft gun within s.57A is not a firearm: it is designed to discharge only a small plastic missile and does not exceed the permitted muzzle energy (2.5 joules, or 1.3 joules if it can fire repeatedly without further trigger pressure).
| Category | Definition and requirement | Offence and maximum |
|---|---|---|
| s.1 firearm | Needs a firearm certificate (s.1(1)). Every firearm except a shot gun within s.1(3)(a) and an air weapon within s.1(3)(b) | Possession, purchase or acquisition without certificate: 5 years on indictment (7 years in the aggravated form, Schedule 6) |
| Shot gun | s.1(3)(a): smooth-bore, not an air gun, barrel at least 24 inches and no bore over 2 inches, no magazine or non-detachable magazine holding no more than 2 cartridges, not a revolver gun. Needs a shot gun certificate (s.2) | s.2(1) without certificate: 5 years on indictment |
| Air weapon | Air rifle, air gun or air pistol that does not fall within s.5(1) and is not declared specially dangerous by rules under s.53. Outside s.1 | Separate regime; not covered here |
| Prohibited weapon | Listed in s.5(1) and (1A). Possession without authority is an offence (s.5(1)); authority means written authority from the Secretary of State in England and Wales (s.5(3)) | s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) or (c): 10 years; s.5(1)(b): 10 years on indictment; s.5(2A): life |
| Imitation firearm | s.57(4): any thing which has the appearance of being a firearm (other than a s.5(1)(b) weapon), whether or not capable of discharging any shot, bullet or other missile | Relevant to ss.16A, 17, 18, 19 and 20 |
Section 57(1)(d), the paragraph that treated accessories such as silencers as firearms, was omitted on 29 June 2026 by s.44 of the Crime and Policing Act 2026. The same section inserted a new s.2A: possessing a sound moderator or flash suppressor without a firearm or shot gun certificate, summary only, level 3 fine. The 2026 Manuals were published before that date, and the exam tests only the law as it appears in the Manuals edition for the sitting.
Prohibited weapons (s.5)
It is an offence to have a prohibited weapon without authority, and authority means written authority from the Secretary of State (s.5(3)). The maximum for possession of most categories is 10 years on indictment, and the section 5(2A) offences of manufacture, sale or transfer have a maximum of life imprisonment. Learn the categories as a list.
| Paragraph | Description |
|---|---|
| s.5(1)(a) | Firearm designed or adapted to discharge two or more missiles successively without repeated pressure on the trigger (automatic) |
| s.5(1)(ab) | Self-loading or pump-action rifled gun, other than one chambered for .22 rim-fire cartridges |
| s.5(1)(aba) | Firearm with a barrel under 30 centimetres, or under 60 centimetres overall, other than certain exceptions, an air weapon, muzzle-loading gun or signalling apparatus |
| s.5(1)(ac) | Self-loading or pump-action smooth-bore gun that is not an air weapon or .22 rim-fire and has a barrel under 24 inches or is under 40 inches overall |
| s.5(1)(ad) | Smooth-bore revolver gun other than one chambered for 9mm rim-fire cartridges or a muzzle-loading gun |
| s.5(1)(ae) | Rocket launcher or mortar for projecting a stabilised missile, other than line-throwing, pyrotechnic or signalling |
| s.5(1)(af) | Air rifle, air gun or air pistol using, or designed or adapted for use with, a self-contained gas cartridge system |
| s.5(1)(b) | Any weapon designed or adapted for the discharge of any noxious liquid, gas or other thing (this includes pepper and CS sprays) |
| s.5(1)(c) | Cartridge with a bullet designed to explode on or before impact; ammunition containing a noxious thing; certain grenades, bombs and rockets |
| s.5(1A)(a) | Firearm disguised as another object |
In England and Wales, a minimum sentence applies to certain prohibited-weapon offences under s.311 Sentencing Act 2020 and Schedule 20, where the offender was aged 16 or over when the offence was committed. It is 5 years (3 years if the offender was under 18 when the offence was committed) unless there are exceptional circumstances. It applies to s.5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) and (c) offences, and to certain other offences listed in Schedule 20, but not to s.5(1)(b) (the noxious-substance category that includes pepper spray). Older material often cites s.51A of the Firearms Act, which now applies in Scotland; for England and Wales use the Sentencing Act 2020.
Firearms: criminal use offences and s.21
Sections 16 to 20 are the offences you will be asked to tell apart. The two questions to ask about each are: is intent needed, and will an imitation do?
| Section | Offence | Imitation or other point | Maximum on indictment |
|---|---|---|---|
| s.16 | Possess a firearm or ammunition with intent to endanger life, or to enable another to do so, whether or not any injury has been caused | Firearm or ammunition only, not an imitation | Life |
| s.16A | Possess a firearm or imitation firearm with intent to cause, or enable another to cause, any person to believe unlawful violence will be used against them or another | Imitation is enough | 10 years |
| s.17(1) | Make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another | Imitation is enough (s.17(4) definition applies) | Life |
| s.17(2) | Possess a firearm or imitation firearm at the time of committing, or being arrested for, a Schedule 1 offence, unless he shows it was for a lawful object | Defendant shows lawful object | Life |
| s.18(1) | Have with him a firearm or imitation firearm with intent to commit an indictable offence, or to resist or prevent arrest, while he has it with him | Imitation is enough; s.18(2) evidential presumption of intending to have it with him | Life |
| s.19 | Without lawful authority or reasonable excuse (the proof whereof lies on him) have with him in a public place a loaded shot gun, an air weapon (loaded or not), any other firearm with suitable ammunition, or an imitation firearm | Public place: s.57(4) | 7 years on indictment, but not for an air weapon (summary only: 6 months or a fine; Schedule 6) |
| s.20(1) and (2) | While he has a firearm or imitation firearm with him, enter or be in a building (or on land) as a trespasser without reasonable excuse (the proof whereof lies on him) | Imitation is enough | Building (s.20(1)): 7 years on indictment, but not for an imitation firearm or an air weapon (summary only). Land (s.20(2)): summary only, 3 months or level 4 fine |
| s.21 | A person barred by sentence from having a firearm or ammunition: life ban for 3 years or more (s.21(1)); 5 years from release for 3 months to under 3 years (s.21(2)); 5 years from the second day after sentence for a suspended sentence of 3 months or more (s.21(2C)). Offence under s.21(4) | Crown Court can lift the bar (s.21(6)) | 5 years on indictment |
Schedule 1 for s.17(2)
| Group | Detail |
|---|---|
| Criminal damage | Offences under s.1 Criminal Damage Act 1971 |
| Person offences | Offences Against the Person Act 1861 ss.20 to 22, 30, 32, 38 and 47 (so s.47 ABH and s.20 are in; common assault is not) |
| Property offences | Theft, robbery, burglary, blackmail and taking a conveyance (Theft Act 1968 s.12(1)) |
| Police | Assaulting a constable in the execution of duty (Police Act 1996 s.89(1); resisting or wilfully obstructing under s.89(2) is not listed), and certain assaults on custody officers |
| Other | Child abduction (Part I Child Abduction Act 1984), and listed Sexual Offences Act 2003 offences |
| Not in Schedule 1 | Common assault, drug supply, drink driving |
Police powers: s.47
Section 47 lets a constable who has reasonable cause to suspect a person of having a firearm in a public place require them to hand it over, search and detain them for that purpose, search a vehicle in a public place and require it to be stopped, and enter any place to exercise those powers. It also covers a person suspected of committing or being about to commit an offence under s.18(1) and (2) or s.20 elsewhere than in a public place. Failure to hand over on demand is an offence under s.47(2). Check the Manuals for how the arrest powers sit with these.
Chapter 1.8 Weapons: PCA 1953 s.1, CJA 1988 s.139, s.139A, s.139AA
Remember: this section is the sergeants' syllabus only. If you are sitting the inspectors paper, the College's 2026 handbook says chapter 1.8 is not examined.
Offensive weapon: s.1 Prevention of Crime Act 1953
It is an offence to have an offensive weapon with you in a public place without lawful authority or reasonable excuse, the proof whereof shall lie on the defendant. The maximum on indictment is 4 years. An offensive weapon is an article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person. That gives three categories: made for it (a knuckleduster, say), adapted for it, and intended for it. A household hammer is in the third category only, and the prosecution must prove the intent. Public place includes any highway and any other premises or place to which the public have or are permitted access, whether on payment or otherwise.
Blade or point: s.139 and the education premises offences
| Provision | Content | Point to remember |
|---|---|---|
| s.139(1) to (3) | Have an article with a blade or sharp point in a public place. Folding pocketknives are excluded unless the cutting edge of the blade exceeds 3 inches | No intent needed; public place includes anywhere the public has access, even on payment (s.139(7)) |
| s.139(4) and (5) | Defendant proves good reason or lawful authority; or that he had it for use at work, for religious reasons, or as part of a national costume | Burden on the defendant; no self-protection defence is listed |
| s.139A(1) and (2) | Have a s.139 article, or an offensive weapon within PCA 1953 s.1, on school premises or further education premises | Public place not needed; the education premises is the location |
| s.139A(3) and (4) | Defendant proves good reason or lawful authority; or use at work, educational purposes, religious reasons or national costume | Educational purposes is available only here, not under s.139 |
| s.139AA | Have a s.139 article in a public place, or a s.139 article or offensive weapon on school premises (or further education premises, s.139AA(1A)); unlawfully and intentionally threaten another so that a reasonable person exposed to the same threat would think there was an immediate risk of physical harm | The threatening offence; the 4 year maximum on indictment |
| s.139B | Constable may enter school or further education premises and search the premises and any person on them for a s.139 article or offensive weapon, on reasonable grounds to suspect a s.139A or s.139AA offence is being or has been committed; may seize and retain; may use reasonable force | A power of entry tied to the education premises offences |
The maximum for s.139 on indictment is 4 years. Section 315 of the Sentencing Code provides a minimum sentence for some repeat offenders aged 16 or over convicted of an offence under s.1(1) PCA 1953, s.139(1) or s.139A(1) or (2) (and s.6(1) Offensive Weapons Act 2019); the 2026 Act would add s.139AB once in force. For s.139AA, s.312 of the Sentencing Code makes separate provision about the sentence the court may be required to impose.
The other 1.8 topics
| Provision | Subject | What to know |
|---|---|---|
| PCA 1953 s.1 | Offensive weapon in a public place | Without lawful authority or reasonable excuse, the proof whereof shall lie on the defendant; offensive weapon = made, adapted or intended for injury to the person; 4 years on indictment |
| PCA 1953 s.1A | Threatening with an offensive weapon in public | Have an offensive weapon in a public place, unlawfully and intentionally threaten another with it so that a reasonable person exposed to the same threat would think there was an immediate risk of physical harm; 4 years on indictment; s.312 Sentencing Code applies. Section 139AA covers bladed articles in public, and offensive weapons only on school or further education premises |
| PCA 1953 s.1(3) | Arrest power | Section 1(3) was repealed in England and Wales by PACE; use the PACE arrest powers instead. Do not quote s.1(3) |
| CLA 1977 s.8 | Trespassing with a weapon of offence | On premises as a trespasser, without lawful authority or reasonable excuse, having a weapon of offence with him; summary only, 3 months or level 5 fine |
| CJA 1988 s.141(1) | Manufacture, sale or hire, offer for sale or hire, exposing or possessing for sale or hire, lending or giving of a weapon to which s.141 applies | Summary: 6 months or level 5 fine. Section 29 Crime and Policing Act 2026 would make ss.141(1) and (1A) triable either way with 2 years on indictment, but it was not in force on 5 October 2026. Which weapons are covered comes from an order we have not verified (see Not verified) |
| CJA 1988 s.141(1A) | Possession of a weapon covered by s.141 in private (England and Wales) | Summary: 51 weeks, a fine or both. Private means a place other than a public place, school premises, further education premises or a prison (s.141(1C)) |
| OWA 2019 s.6 | Corrosive substance in a public place | Capable of burning human skin by corrosion. In England and Wales the defendant proves good reason, lawful authority or use at work. 4 years on indictment |
| CJA 1988 s.139AB (new) | Possessing a blade or point article or offensive weapon with intent to use unlawful violence etc | Provided for by Crime and Policing Act 2026 s.28; 7 years on indictment. Not in force when we checked on 4 October 2026 (legislation.gov.uk shows it as prospective); not in the 2026 Manuals (see Not verified) |
The traps: reasonable excuse, definitions and lawful authority
Most wrong answers on this topic come from three habits: assuming the prosecution carries a burden the statute puts on the defendant, treating a definition as wider or narrower than it is, and mixing up which phrase a section uses for its defence.
| Trap | Correct position | Authority |
|---|---|---|
| Mistake about which drug (s.28) | Believing it is amphetamine when it is cocaine is no defence: the defence is only that you did not believe or suspect it was a controlled drug at all, or believed it was one you could lawfully have | s.28(3) |
| 'Prosecution must disprove' | Under s.139(4) and (5) and PCA s.1 the statute puts the burden of proof on the defendant. Section 28 is different: under R v Lambert the defendant need only raise evidence, and the prosecution must then disprove the defence | Statutory wording; R v Lambert [2001] UKHL 37 |
| PWITS needs unlawful possession | It does not. s.5(3) applies 'whether lawfully or not' | s.5(3) |
| s.8 covers all drug use | It lists four activities only. Cocaine use alone is not listed; cannabis smoking is | s.8 |
| s.5(4) 'someday I'll hand it in' | The defence needs both purpose and 'as soon as possible' action | s.5(4)(a) |
| s.23 gives a power of entry | s.23(2) is search of person, vehicle or vessel. Entry to premises needs a warrant under s.23(3) or another power (PACE, covered in the PACE searches page) | s.23(2) and (3) |
| 'Firearm' includes everything | Not for s.16: it needs a real firearm or ammunition. Sections 16A, 17, 18, 19 and 20 take imitations too | ss.16, 16A, 17(4) |
| Imitation must look real and work | An imitation firearm is anything with the appearance of a firearm, whether or not it can discharge a missile | s.57(4) |
| Pepper spray is just a weapon | It is a prohibited weapon under s.5(1)(b); possession needs the Secretary of State's written authority. Self-protection is not authority | s.5(1)(b), s.5(3) |
| Suspended means no ban | A suspended sentence of 3 months or more bars firearms for 5 years from the second day after sentence | s.21(2C) |
| 'Reasonable excuse' means a good reason | Statutes use different phrases: 'lawful authority or reasonable excuse' (PCA s.1, s.19), 'good reason or lawful authority' (s.139). Read which one the stem uses | PCA s.1; s.139(4) |
| A lock knife under 3 inches is legal | A lock knife is not a folding pocketknife for s.139, so the 3 inch rule does not help | s.139(3); R v Deegan |
| Self-protection is a s.139(5) defence | It is not a listed reason; the list is work, religion and national costume | s.139(5) |
| Educational purposes applies to s.139 | It is a specific defence only for the education premises offence in s.139A(4) | s.139A(4) |
| A hammer is an offensive weapon | Only if intended by the person having it for injury to the person (by him or someone else); it is neither made nor adapted for it | PCA s.1(4) |
| s.139AA needs actual harm | It needs a threat that a reasonable person would think created an immediate risk of physical harm. Actual harm is not an element | s.139AA(1) |
'Lawful authority or reasonable excuse' (PCA 1953 s.1 and Firearms Act s.19) is not the same phrase as 'good reason or lawful authority' (s.139). Do not carry the self-protection argument from one to the other. Self-protection is not a listed reason under s.139(5), and for a prohibited weapon under s.5 it is no authority at all.
Worked practice questions
These 6 questions are original practice questions from our verified bank, not real or past exam questions. They are shown by id so this page always displays the current checked wording. The correct answer is marked, and the explanation follows. We checked each against legislation.gov.uk on 4 October 2026. Our free mini mock is a quick way to try timed questions across all three subject areas.
A man is found with a wrap of white powder which he says he bought believing it was amphetamine. Analysis shows it is cocaine. Charged with possession of a Class A drug, he relies on s.28 Misuse of Drugs Act 1971. What is the likely outcome?
Section 28(3)(a) says the accused is not to be acquitted merely because he did not know the substance was the particular controlled drug alleged. He is acquitted only if he proves he did not believe or suspect, and had no reason to suspect, that it was a controlled drug at all, or that he believed it was a controlled drug which he could have possessed without committing an offence. Believing it was amphetamine, a Class B drug, does not help him, because possessing amphetamine is itself an offence.
Source: Misuse of Drugs Act 1971 s.28(2) and (3)
A tenant hosts a party in her flat. She knows that several guests, each using cocaine they brought with them, are snorting it in her bathroom, and she does nothing to stop them. No-one supplies or offers drugs to anyone else in the flat. Is she guilty of an offence under s.8 Misuse of Drugs Act 1971?
Section 8 makes it an offence for an occupier or a person concerned in management to knowingly permit or suffer only the activities it lists: production, supply or offering to supply, preparing opium for smoking, and smoking cannabis, cannabis resin or prepared opium. General use of other controlled drugs, such as snorting cocaine, is not listed. If she knowingly allowed guests to supply cocaine to one another in the flat, s.8(b) would be engaged; a tenant can be an occupier for this purpose.
Source: Misuse of Drugs Act 1971 s.8
Which statement correctly distinguishes s.16 and s.16A Firearms Act 1968?
Section 16A makes it an offence to possess a firearm or imitation firearm with intent to cause, or enable another to cause, any person to believe unlawful violence will be used against them or another. Section 16 refers only to a firearm or ammunition, possessed with intent to endanger life or to enable another person to endanger life, and is committed whether or not any injury has been caused. (Its former reference to serious injury to property was repealed by the Criminal Damage Act 1971.) Neither offence requires a public place; both are possession offences.
Source: Firearms Act 1968 ss.16 and 16A
Three years ago a man received a 4-month prison sentence suspended for 12 months. He completed the suspended period without incident. Officers attending a domestic call find a shotgun in his house. Under s.21 Firearms Act 1968, what is his position?
Section 21(2C) provides that a person given a suspended sentence of imprisonment of three months or more must not have a firearm or ammunition for five years beginning with the second day after sentence is passed. Three years on, he is still within that period, and contravening s.21 is an offence under s.21(4). The lifetime prohibition in s.21(1) applies only to sentences of three years or more.
Source: Firearms Act 1968 s.21(1), (2C) and (4)
Officers search a man in a pub and find a folding knife with a locking blade whose cutting edge is 2.5 inches long. He says it is legal because the blade is under 3 inches. Which statement is correct?
Section 139 applies to any article with a blade or sharp point except a folding pocketknife whose cutting edge is 3 inches or less. The Court of Appeal in R v Deegan (1998) held that a knife whose blade locks open is not a folding pocketknife, so blade length is irrelevant. A pub open to customers is a public place, and the offence does not require any intention to use the knife; he has a defence only if he proves good reason, lawful authority or one of the s.139(5) reasons.
Source: Criminal Justice Act 1988 s.139(1) to (3); R v Deegan (1998)
Under s.1 Prevention of Crime Act 1953, when can an ordinary household hammer carried in a public place be an offensive weapon?
An offensive weapon is any article made or adapted for causing injury to the person, or intended by the person having it with him for such use by him or someone else. A hammer is neither made nor adapted for injury, so it falls into the third category only if the prosecution proves that intention. Actual use or brandishing is not required; once the weapon is proved, the defendant bears the burden of proving lawful authority or reasonable excuse.
Source: Prevention of Crime Act 1953 s.1(1) and (4)
For many more questions on this topic and a timed 150-question sitting, our exam prep toolkit is our own product. It is one option among several, and the Blackstone's Manuals remain the syllabus.
Map to the Blackstone's chapters (2026 edition)
Chapter numbers below are Blackstone's 2026 edition, from Appendix A of the College's 2026 candidate handbook (September 2025). The 2027 edition numbering was not verified, and you should check the 2027 contents page before using these numbers for a 2027 sitting.
| Section | Chapter title | Law | On this page |
|---|---|---|---|
| 1.6.1 to 1.6.2 | Introduction; Classification | Classes A, B and C, Schedule 2, temporary class drug orders | Class A, B, C table above |
| 1.6.3 | Possession | s.5(1), (2) and (4) | Possession offence and s.5(4) |
| 1.6.4 to 1.6.6 | Supplying; PWITS; Supply of Articles | s.4(3), s.5(3), s.9A | Supply, PWITS, articles |
| 1.6.7 to 1.6.8 | Production; Cultivation of Cannabis | s.4(2), s.6 | Production and cultivation |
| 1.6.9 | General Defence under Section 28 | s.28 | s.28 table and trap |
| 1.6.10 | Occupiers, etc. | s.8 | s.8 list |
| 1.6.11 to 1.6.13 | Assisting or Inducing Offence Outside UK; Incitement; Travel Restriction Orders | Not covered on this page | Chapter text only; Travel restriction orders appeared in the March 2026 breakdown |
| 1.6.14 | Police Powers | s.23 | s.23 table |
| 1.6.15 | Psychoactive and Intoxicating Substances | Psychoactive Substances Act 2016 | Short note below |
| 1.7.2 | Definitions: Firearm, Ammunition, Imitation Firearm | s.57, s.57A | Categories table |
| 1.7.3 to 1.7.4 | Categories of Firearms; Section 1 Firearm | ss.1, 2 | Categories table |
| 1.7.5 | Restrictions on Transfer of Firearms | Not covered on this page | Chapter text only |
| 1.7.6 | Imitation Firearm Offences | ss.16A, 17, 18, 19, 20 | Criminal use table |
| 1.7.7 | Prohibited Weapon | s.5 | Prohibited weapons table |
| 1.7.8 | General Exemptions | Not covered on this page | Chapter text only |
| 1.7.9 to 1.7.10 | Criminal Use of Firearms; Further Firearms Offences | ss.16, 16A, 17, 18, 19, 20 | Criminal use table |
| 1.7.11 | Police Powers | s.47 | Powers note below |
| 1.7.12 | Possession or Acquisition by Convicted Persons | s.21 | s.21 row |
| 1.8.2 to 1.8.3 | Having Offensive Weapon in Public Place; Threatening with Offensive Weapon in Public | PCA 1953 ss.1 and 1A; CJA 1988 s.139AA | Weapons tables |
| 1.8.4 | Having Bladed or Pointed Article in Public Place | CJA 1988 s.139 | Bladed table |
| 1.8.5 | Offences and Powers Relating to School Premises | ss.139A, 139AA, 139B | Bladed table |
| 1.8.6 to 1.8.9 | Trespassing with Weapon; Manufacture and Sale; Possession in Private; Knives | CLA 1977 s.8; CJA 1988 ss.141, 141A | Other weapons table |
Chapter 1.8 is the sergeants' syllabus only. Chapters 1.6 and 1.7 apply to both ranks.
Worked scenarios
Illustrative scenarios, not real cases, to practise applying the law. They are not predictions of any question.
Drugs, firearms and weapons checklist
- Know which chapters apply to your rank: 1.6 and 1.7 for both, 1.8 for sergeants only.
- Can state s.5(2) possession, s.5(3) PWITS, s.4(3) supply and s.8 occupiers in one line each.
- Know the s.5(4) two limbs and what s.28(3) does and does not excuse.
- Know who carries the burden for each defence and which phrase each statute uses.
- Know the three powers in s.23(2) and what needs a warrant under s.23(3).
- Can separate s.1 firearm, shot gun, air weapon, prohibited weapon and imitation firearm.
- Can say which of ss.16, 16A, 17, 18, 19 and 20 accept an imitation firearm.
- Know Schedule 1 offences for s.17(2) and why common assault is not one.
- Know the three s.21 bands, including the suspended sentence rule.
- Can state the three limbs of an offensive weapon under PCA s.1.
- Know the s.139 3 inch rule, Deegan, the defences, and what changes under s.139A.
- Know the elements of s.139AA and the s.139B search power.
- Checked your own Manuals edition for any change in the 1.6, 1.7 or 1.8 text.
When these are secure, move on to the public order offences topic, or go back to the how to pass the sergeants exam guide for the overall plan.
What we could not verify
- The 2027 chapter numbers. We used the 2026 handbook (September 2025) Appendix A for chapter numbers. The 2027 Appendix A could not be opened in our research, so check your edition's contents page before you rely on a number such as 1.8.
- How the Manuals present the 2026 law changes. Section 57(1)(d) of the Firearms Act was omitted on 29 June 2026 by the Crime and Policing Act 2026, and s.28 of that Act provides for a new s.139AB in the Criminal Justice Act 1988, which was not in force when we checked. The 2026 Manuals were published before those changes. Under the College's rule, the exam tests only the law as it appears in the Manuals edition for the sitting.
- Commencement of s.139AB CJA 1988. On 4 October 2026 legislation.gov.uk showed s.28 Crime and Policing Act 2026 as prospective, and s.28 is not in Commencement Regulations Nos. 1 to 3 (SI 2026/689, 939 and 960). We did not search for any later regulations, so check before a sitting whether it has been brought into force.
- Exemptions to the new s.2A Firearms Act. Section 44 of the 2026 Act omitted s.57(1)(d) and inserted s.2A (possession of a sound moderator or flash suppressor without a certificate). We did not read the exemptions amended by Schedule 5 of that Act, so we do not state them.
- The Offensive Weapons Order. Section 141 CJA 1988 depends on an order listing the weapons covered. We have not checked the current list, so we do not list the weapons.
- Nitrous oxide possession rules. We confirmed that nitrous oxide is listed in Schedule 2 Part III (Class C). We did not read the Misuse of Drugs Regulations 2001 provisions on lawful possession, so we have not stated the exemption. Take that from your Manuals.
- Air weapon power limits. Section 1(3)(b) refers to rules under s.53 declaring air weapons specially dangerous. We did not read those rules, so we give no power figures.
- Summary penalties for ss.19 and 20. We state the indictment maxima from Schedule 6 (7 years, not available for an air weapon under s.19 or an imitation firearm or air weapon under s.20(1)) but not every summary variation, for example for the firearms listed in s.5(1)(a) to (ba).
- Summary maximum penalties. Many summary maxima are now set by reference to the general limit in a magistrates' court, so we give indictment maxima in the tables.
- The burden under s.5(4) and the status of Lambert. We rely on the CPS drug offences guidance for the R v Lambert reading of s.28 and did not open the judgment. We did not find a primary source on whether s.5(4) is read the same way, so we give only its statutory wording ('to prove'). Check how your Manual presents both.
- R v Deegan itself. We rely on the holding as recorded in our checked practice question. We did not open the judgment.
- Case law on 'reasonable excuse' and 'intended' for offensive weapons. We state the statutory wording only. We have not used case law because we could not confirm holdings from a primary source that we could open.
- Psychoactive substances detail. We checked the offences in ss.4, 5, 7, 8 and 9 and the 7 year maximum, but not the definitions, exemptions in s.11 or Schedule 1, which are in chapter 1.6.15.
- Anything outside the sections named. Forfeiture, disposal and sentencing guidelines are not covered.
Frequently Asked Questions
Is chapter 1.8 (Weapons) on the inspectors exam?
No. The College's 2026 candidate handbook, in Appendix A, says all areas of the syllabus apply to both the sergeants and inspectors examinations except chapter 1.8, which is for the sergeants' examination only. If you are sitting the inspectors paper you can skip 1.8, but chapters 1.6 (Misuse of Drugs) and 1.7 (Firearms and Gun Crime) still apply to you. Check the 2027 handbook if you sit in 2027, because we could not open its Appendix A.
What is the difference between possession and possession with intent to supply?
Simple possession is s.5(2) Misuse of Drugs Act 1971 and possession with intent to supply is s.5(3). The extra element is the intent to supply it to another, and there is no fixed quantity that creates it: intent is inferred from the whole picture such as quantity, packaging, scales, cash and messages. Section 5(3) applies whether the possession is lawful or not, which matters for someone holding drugs lawfully, such as a prescription holder, who intends to pass them on.
Does s.28 help someone who thought a drug was a different drug?
Usually not. Section 28(3)(a) says a person is not acquitted merely because they did not know or suspect that the substance was the particular drug alleged. They are acquitted only if they prove they neither believed nor suspected nor had reason to suspect it was a controlled drug at all, or that they believed it was a controlled drug that they could have had without committing an offence. Believing it was amphetamine does not qualify, because possessing amphetamine is itself an offence.
Who has the burden of proof under s.5(4) and s.28?
Both sections say it is a defence for the accused 'to prove' the facts. For s.28, though, the House of Lords in R v Lambert [2001] UKHL 37 said it should be read as placing only an evidential burden on the defendant: he must raise evidence of the defence, and the prosecution must then disprove it to the criminal standard. The CPS drug offences guidance states the law that way. We have not verified whether the same reading applies to s.5(4), so check how your Manual treats it. The weapons offences use different phrases, so check each one separately.
Can an occupier be guilty under s.8 if guests use cocaine in their flat?
Not for the use alone. Section 8 lists only four activities: producing or attempting to produce a controlled drug, supplying or offering to supply it, preparing opium for smoking, and smoking cannabis, cannabis resin or prepared opium. Knowingly allowing guests to snort cocaine is not on the list, although knowingly allowing guests to supply cocaine to each other would be under s.8(b).
What powers does s.23 Misuse of Drugs Act give a constable?
If a constable has reasonable grounds to suspect a person has a controlled drug in contravention of the Act, s.23(2) allows them to search that person and detain them for the search, search a vehicle or vessel and require the person in control to stop it, and seize anything that appears to be evidence of an offence under the Act. Section 23(3) lets a justice of the peace grant a warrant, valid for one month, to enter and search premises. Section 23(2) does not itself give a power to enter premises.
What counts as a 'firearm' under the Firearms Act 1968 now?
Under s.57(1) as in force on 4 October 2026, a firearm is a lethal barrelled weapon, a prohibited weapon, or a relevant component part of either. A lethal barrelled weapon is a barrelled weapon that can discharge a shot, bullet or other missile with kinetic energy of more than one joule at the muzzle. Airsoft guns within s.57A are excluded. An imitation firearm is a different thing: anything that has the appearance of being a firearm, whether or not it can discharge anything.
Which firearms offences can be committed with an imitation firearm?
Sections 16A, 17, 18, 19 and 20 all refer to firearms or imitation firearms, so an imitation can be enough. Section 16 refers only to a firearm or ammunition, so an imitation is not enough for s.16. Check s.17(4) too: for s.17, the definition of firearm is applied without paragraphs (b) and (c) of s.57(1).
What is the difference between s.1 PCA 1953 and s.139 CJA 1988?
Section 1 Prevention of Crime Act 1953 deals with an offensive weapon in a public place: an article made or adapted to cause injury, or intended by the person having it for that use. Section 139 Criminal Justice Act 1988 deals with an article with a blade or point in a public place and needs no intent at all. Both put the burden on the defendant, but the defences differ: s.1 has lawful authority or reasonable excuse, and s.139 has good reason or lawful authority plus use at work, religious reasons or national costume.
Is a folding knife with a blade under 3 inches always legal to carry?
No. Section 139(3) takes a folding pocketknife outside the offence only if the cutting edge of its blade does not exceed 3 inches. The Court of Appeal in R v Deegan (1998) held that a knife whose blade locks open is not a folding pocketknife for this purpose, so blade length does not help the holder. They would then need to prove good reason or lawful authority.
What does s.139AA CJA 1988 add?
It is the threatening offence. The person must have an article with them in a public place or on school premises, unlawfully and intentionally threaten another person with it, and do so in a way that a reasonable person exposed to the same threat would think there was an immediate risk of physical harm. Section 139AA(1A) covers further education premises. The maximum on indictment is 4 years, and s.312 of the Sentencing Code makes provision about the sentence the court may be required to impose on offenders aged 16 or over.
Does a suspended sentence trigger a firearms ban?
Yes, if it is three months or more. Section 21(2C) says a person given a suspended sentence of imprisonment of three months or more must not have a firearm or ammunition for five years beginning with the second day after the sentence is passed. The lifetime ban in s.21(1) applies to sentences of three years or more. A person caught in s.21 can apply to the Crown Court to have the prohibition removed under s.21(6).
How much of the sergeants exam is drugs, firearms and weapons?
We cannot say for future papers, and the College says its subject breakdown is only valid for the sitting it covers. In the March 2026 sergeants' breakdown we counted 13 scored questions in these areas out of 140: 5 under misuse of drugs, 3 under firearms and gun crime and 5 under weapons. That is a count for that one sitting, not a weighting you can rely on.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 4 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- College of Policing: NPPF step two legal examinations candidate handbook 2026 (PDF, September 2025), Appendix A — lists the Blackstone's 2026 chapters used on this page (1.6, 1.7, 1.8) and states that chapter 1.8 is for the sergeants' examination only. The 2027 handbook Appendix A could not be opened (accessed 4 October 2026)
- College of Policing: NPPF sergeants' step-two legal examination, subject area breakdown, March 2026 (PDF) — we counted rows by skill: Misuse of drugs 5, Firearms and gun crime 3, Weapons 5 (13 of 140 scored). One sitting only; the College warns the breakdown is valid for March 2026 only (accessed 4 October 2026)
- legislation.gov.uk: Misuse of Drugs Act 1971 ss.2, 4, 5, 6, 8, 9A, 23, 28 and Schedules 2 and 4 — offence wording, s.5(4) and s.28 defences, s.8 list of activities, s.23 powers, Schedule 2 classes and Schedule 4 maximum penalties, latest revised text read 4 October 2026 (accessed 4 October 2026)
- legislation.gov.uk: Psychoactive Substances Act 2016 ss.4, 5, 7, 8, 9 and 10 — production, supply, possession with intent to supply, import and prison possession offences; 7 years on indictment under s.10 (accessed 4 October 2026)
- legislation.gov.uk: Firearms Act 1968 ss.1, 2, 5, 16, 16A, 17, 18, 19, 20, 21, 47, 57, 57A and Schedules 1 and 6 — definitions (as in force 4 October 2026, including the 29 June 2026 omission of s.57(1)(d)), offence wording, Schedule 1 offences for s.17(2) and Schedule 6 maximum penalties (accessed 4 October 2026)
- legislation.gov.uk: Sentencing Act 2020 s.311 and Schedule 20; Criminal Damage Act 1971 Schedule — minimum sentence for certain prohibited-weapon offences in England and Wales (offender aged 16 or over when the offence was committed: 5 years, or 3 years if under 18 then, subject to exceptional circumstances); the 1971 Act repealed the s.16 words about serious injury to property (accessed 4 October 2026)
- legislation.gov.uk: Prevention of Crime Act 1953 ss.1 and 1A — offence, 'lawful authority or reasonable excuse, the proof whereof shall lie on him', the definition of offensive weapon and the 4 year maximum on indictment; s.1A threatening with an offensive weapon in public (accessed 4 October 2026)
- CPS legal guidance: Drug Offences — states that in R v Lambert [2002] 2 AC 545 the House of Lords held the defendant bears only an evidential burden under s.28 Misuse of Drugs Act 1971 (read 5 October 2026) (accessed 4 October 2026)
- legislation.gov.uk: Criminal Justice Act 1988 ss.139, 139A, 139AA, 139B, 141 and 141A — blade or point offence and defences, school and further education premises, threatening offence, power of entry to search, offensive weapons in private (s.141(1A)) (accessed 4 October 2026)
- legislation.gov.uk: Criminal Justice Act 1988 s.139AB, inserted by Crime and Policing Act 2026 s.28 — new offence of possessing a bladed article or offensive weapon with intent to use unlawful violence; 7 years on indictment. On 4 October 2026 legislation.gov.uk showed s.28 as prospective (not yet in force), and it is not in Commencement Regulations Nos. 1 to 3 (SI 2026/689, 939 and 960) (accessed 4 October 2026)
- legislation.gov.uk: Offensive Weapons Act 2019 s.6 and Criminal Law Act 1977 s.8 — corrosive substance in a public place (defences for England and Wales are for the defendant to prove); trespassing with a weapon of offence (accessed 4 October 2026)
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