(ii) realising that there is a risk or possibility that such behaviour might have an effect referred to in subparagraph (i); shall be guilty of participating in a gathering with intent to promote public violence, a breach of the peace or bigotry, as the case may be, and be liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. (2) The crime of participating in a gathering with intent to promote public violence, a breach of the peace or bigotry is committed whether the action constituting it is spontaneous or planned in advance, and whether the place or meeting where it occurred is public or private. (3) For the avoidance of doubt it is declared that where a person would be liable for contravening— (a) paragraph (a) or (b); or (b) paragraph (c); of subsection (1), but for the fact that the person acted alone in a public place, the competent charge is disorderly conduct in a public place or causing offence to persons of a particular race, tribe, place of origin, colour, creed or religion, as the case may be, and not a contravention of a provision referred to in paragraph (a) or (b). 38 Obstructing or endangering free movement of persons or traffic Any person who— (a) throws or propels or prepares to throw or propel any missile, article or thing at any person, motor vehicle, boat, aircraft or building with the intention or realising that there is a real risk or possibility of causing damage or injury; or (b) without lawful excuse, the proof whereof lies on him or her, overturns or attempts to overturn any motor vehicle, boat or aircraft; or (c) otherwise than under and in accordance with any other enactment, leaves or places on or over any road any thing with the intention or realising that there is a real risk or possibility of obstructing such road or endangering persons using it; shall be guilty of obstructing or endangering the free movement of persons or traffic and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both. 39 Dealing in or possession of prohibited knives (1) In this section “deal in”, in relation to a prohibited knife, means sell, hire or offer, or display or advertise for sale or hire, or lend or give to any other person, a prohibited knife; “prohibited knife” means a knife (a) which has a blade— (i) which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a “flick knife”; or (ii) which is released from the handle or sheath of the knife by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device, sometimes known as a “gravity knife”; or (iii) which is— A. released from the handle or sheath of the knife manually; and B. locked in the open position by means of a button, spring, lever or other device; and C. released from the locked open position otherwise than solely by manual pressure on the blade; other than a trimming knife the blade of which does not exceed thirty millimetres in length; or (b) which is declared in terms of subsection (2) to be a prohibited knife. (2) Where the Minister considers it necessary in the public interest to do so, the Minister may, by notice in a statutory instrument, declare any knife or class of knife to be a prohibited knife for the purposes of this section and may, in like manner, withdraw any such declaration. (3) Any person who deals in, or has in his or her possession, any prohibited knife shall be guilty of dealing in or possessing a prohibited knife, as the case may be, and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. (4) The court convicting any person of a contravention of subsection (3) may order that any knife which formed the subject of the charge shall be forfeited to the State. 40 Possession of articles for criminal use (1) Any person who, without lawful excuse, knowingly has in his or her custody or possession any article for use in unlawful entry into premises, theft, fraud or a contravention of section 57 of the Road Traffic Act [Chapter 13:11] shall be guilty of possessing an article for criminal use and liable to a fine not exceeding level ten or imprisonment for a period not exceeding one year or both. (2) In a prosecution for possessing an article for criminal use