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Thread: Offensive weapon conviction

  1. #1

    Offensive weapon conviction

    This is a bit alarming, not to say nonsensical, someone prosecuted for possession of a PENKNIFE:

    http://www.dailymail.co.uk/news/arti...e-picnics.html

    I always have a knive or two in my glove compartment and often one in my pocket as well and understood that my stalking activities were sufficient justification, even if I wasn't stalking on every outing where I am in possession of a knife.

    Does anyone know the letter of law on this matter - it would appear that the chap above has made the asame assumption I have made.

  2. #2
    I believe that you have to be able to prove 'good reason' for carrying a blade, but it's a very grey area. I suspect a very over-zealous copper was involved in this case.

  3. #3
    You are allowed to carry a folding penknife with a blade of less than 3".

    Unfortunately there is an anomoly in the law;

    If you carry your firearm in your car, your car is deemed a private place.

    If you carry a fixed bladed knife with a blade over 3" long and leave it in your car, your car is deemed a public place so you are open to prosecution

    The law is an ASS!!!!!!!!!!!!!!!!

    My daughter was hit by a car last year and I had to take her to court and to act as her legal guardian. I had to leave my "legal" penknife at the entrance to Worcs Crown Court with a bailiff. When I picked it up on the way out there was a lovely letter asking me if I would "refrain from bringing your penknife to court". I continue to carry it, because it is legal.

    ft

    Edit; Section of the act which is relevant,

    "
    139 Offence of having article with blade or point in public place

    (1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
    (2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
    (3) This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
    (4) It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
    (5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
    (a) for use at work;
    (b) for religious reasons; or
    (c) as part of any national costume.
    (6) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
    (7) In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
    (8) This section shall not have effect in relation to anything done before it comes into force."

    The act itself;

    http://www.opsi.gov.uk/acts/acts1988...t11-pb3-l1g139
    Last edited by flytie; 15-04-2010 at 14:36. Reason: Links.
    Blindness to suffering is an inherent consequence of natural selection. Nature is neither kind nor cruel but fiercely indifferent.

  4. #4
    If you stay in Scotland, the legislation that covers this is the Criminal Law Consolidation (Scotland) Act 1995. I think from memory the section is 49.

    I know in some instances the law is a total joke however having personally dealt with numerous stabbings/slashings involving knives this is one I agree with. (knives in public not the old boy at a picnic)!

  5. #5
    Armo and Flytie -

    Stop it, both of you. This is very bad for my blood pressure. What a pointless prosecution. What a ludicrous set of exemptions.
    KevinF -

  6. #6
    i regularaly carry a full disection kit on my person, this seems to be a bit worrying, i have scaples, cut throat razors and all sorts of other "nasties". i wonder how the plod would react to that?

    Law is an ASS

    skipp.

  7. #7
    skipp

    What do you do for a job? mobile plastic surgeon?

  8. #8
    Quote Originally Posted by skippy1001 View Post
    i regularaly carry a full disection kit on my person, this seems to be a bit worrying, i have scaples, cut throat razors and all sorts of other "nasties". i wonder how the plod would react to that?

    Law is an ASS

    skipp.
    Skipp, they might be more understanding than they were with the pathologist who was carrying a human head (refrigerated) around in the back of his car. God bless the Norfolk & Norwich


    ft
    Blindness to suffering is an inherent consequence of natural selection. Nature is neither kind nor cruel but fiercely indifferent.

  9. #9
    Before 9/11 I used to fly round Europe with a standard Swiss Army knife in my pocket, even when patted down at security the German guards didn't even bother to have a look at it and just said "Schweitzer?" to confirm what it was. About the same time I was in a service station on the A23 on the way to stalking at 02:00 hrs talking to two traffic policemen wearing my stalking knife again with no issues whatsoever. Now I'm afraid to put my Swiss knife in my pocket as if you get convicted that's the end of the FAC.

    The lunatics really are in charge of the asylum!!

  10. #10
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    Never, never, ever accept a caution or plead guilty to such offences.

    I was stopped at the X-Ray on the Eurostar when it went from Waterloo by the private "Chubb Wardens" muppets for carrying a knife. They demanded that I surrender it or they would call the police.

    So I told them to call the police. At which point the chief muppet repeated that if I did not surrender it immediately and permanently he would call the police.

    I told him that as he had already said that to stop wasting my time further repeating the same thing and either let me go through or go and call the police.

    At which point they did call the police.

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