For these purposes, section 34(1) applies section 5(1) to the section 15 offence, so:
This case held that there no section 15 offence was committed when the defendant caused transfers between the victim's and his own bank account by deception.
Whilst a section 44 offence can be committed in relation to other inchoate offences (including itself), sections 45 and 46 cannot.
A section 6(7) offence has a maximum punishment of 6 months imprisonment or level 5 on the standard scale.
This overlaps with the section 15 offence of obtaining property or services by deception.
That offence, unlike the section 139 offence, requires proof of intent to cause injury on the part of the knife carrier, and tough penalties are rightly available to the courts.
It therefore recommends that the maximum penalty for a section 2 offence should be raised from two to five years.
This case has been criticised because it apparently eliminates the need for the section 15 offence.
But the principal difference between the two is that the section 5 offence is not designed to prevent violence; its aim is to prevent harassment, alarm or distress.
Section 46 provides that the forms and ceremonies used in taking an oath are immaterial for the purpose of the section 44 offence, and provides for extraterritorial jurisdiction.