Carrying Offensive Weapons

[ChasB]

I suspect that the defendant was not prosecuted under Section 1 of the Prevention of Crime Act 1953 which prohibits the possession in any public place of an offensive weapon without lawful authority or excuse.

 

Lord Lane, CJ. in R v Simpson ©, (78 Cr.App.R.115), identified three categories of offensive weapons:

 

• those made for causing injury to the person i.e. offensive per se. For examples of weapons that are offensive per se, see Criminal Justice Act 1988 (Offensive Weapons) Order 1988, (Stones 8-22745) and case law decisions. (Archbold 24-116). The Criminal Justice Act (1988) (Offensive Weapons) (Amendment) Order 2008 came into force on 6th April 2008 with the effect that a sword with a curved blade of 50cm or more (samurai sword), has been added to the schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988;

• those adapted for such a purpose;

• those not so made or adapted, but carried with the intention of causing injury to the person.

 

The defendant was entitled to be acquitted if he shows on the balance of probabilities that he had "lawful authority or reasonable excuse" for having the weapon ((Archbold 24-121-122). Where details of a defence are given in interview or in a defence statement, the CPS should consider whether evidence is available to rebut the defence and should liaise with the police if additional enquiries or evidence are necessary.

 

It is more likely that the defendant was prosecuted under Section 139 of the Criminal Justice Act 1988 which prohibits the possession in a public place of any article which has a blade or is sharply pointed, (including a folding pocket knife if the cutting edge of its blade exceeds 7.62cm/3 inches).

 

For the purposes of sections 139 and 139A of the Act:

• a butterknife, with no cutting edge and no point is a bladed article; (Booker v DPP 169J.P. 368, DC);

• a screwdriver is not a bladed article; (R v Davis [1998] Crim L.R. 564 CA);

• a "lock knife" does not come into the category of "folding pocket knife" because it is not immediately foldable at all times; (Rv Deegan [1998] 2 Cr.App,R 121 CA).

 

The defendant was entitled to be acquitted if he shows on the balance of probabilities that:

• he had "good reason or lawful authority" for having the bladed or pointed article; or

• he had the article for use at work; or

• he had the article for religious reasons; or

• he had the article as part of a national costume; (Archbold 24-125).

 

The defendant does not discharge the burden of showing "good reason" just by providing an explanation that is not contradicted by the prosecution evidence: (Archbold 24-128). Where details of a defence are given in interview or in a defence statement, the CPS should consider whether evidence is available to rebut the defence and should liaise with police if additional enquiries or evidence are necessary. Any defence should be tested by robust cross examination.

 

There are contraditions in statement made in the news reports:-

 

The defendant told the court: 'He told officers that he had the knife for caravanning. He is not working and had no malicious reason for carrying the blade'

 

Defence solicitor Jolyon Tuck said Knowles, who is a carer for his wife, had used the knife to cut up fruit on picnics with his wife.

 

'He accepts it was in his car and the law is very clear,' he said. He admits possession of it and he had no good reason for having it.'

 

Q's

Why did he plead guity?

Why did he admit possession of it and he had no good reason for having it when he earlier said had used the knife to cut up fruit on picnics with his wife.

 

It appears all the facts have not been reported but I fear without the court case files we will never know.

 

Just don't get stopped by the Police when you leave a Pub near Torquay. and if you do visit Pubs near Torquay leave your Swiss Army knife at home.

 

 

[Brian Kirby]

Thank you Charles.  'Though I fear the authority, comprehensiveness, and clarity, of your post may not reach all parts of the community!!  :-D

[Syd]

Oh it will Brian but it may be partly ignored

[Syd]

Ooops

[Losos]

silverbike - 2010-04-16 10:12 AM Just don't try to take your Swiss Army knife or Leatherman through airport security!

Now that is definately a no no ! I have seen in several airports a kind of glass display case with hundreds of Swiss army knives and Leathermans all presumably confiscated from passengers, some very nice looking ones too

[Guest peter]

I've got a filleting knife in my fishing bag with a 9" blade and would put the fear up anyone if pointed at them. Does that count as illegal?. In the final analysis it's the idiot on the end of it that's dangerous not the knife itself.

[Losos]

Brian Kirby - 2010-04-17 12:39 PM Thank you Charles.  'Though I fear the authority, comprehensiveness, and clarity, of your post may not reach all parts of the community!!  :-D

What Charles didn't say and which is so flaming obvious is that the Police originally stopped him for drink driving and when they found he was not over the limit they were annoyed because they would not meet their 'target' for the day so they looked around for something else to get him on, had they not found the Swiss army knife they could have got him with excessive mud on his tyres, a slightly wobbly headlight, even a cracked indicator bezel (Which might have just happened to crack when they tested it with truncheon or whatever)

The fact is, as someone mentioned above, the Police are now driven by these 'targets' and as we all know it's much easier to go for the easy arrest rather than spend days trying to catch the real criminals.

And to think that today we had Brown woffling on about a fairer society.

 

[Usinmyknaus]

Presumably genial old Ray Mears gets arrested every time he leaves his house with his camping knife and axe for chopping wood, not to mention the parang? That paracord must be dangerous too, could hang somebody.

Look! A fire-making kit - that has to be to useful to potential arsonsits. And, and, he's wearing shorts, in woodland, hasn't he risk-assessed the midge threat, is he mad? Quick! Call in a team of Labour aparatchnik, form-filling, po-faced, liberty stifling, useless, over-paid, over-pensioned, differing-abilty aware, diversity-valuing, socially including, carbon-neutral, jobsworths.........

 

No wonder more than half of over 55's dream of leaving Britain permanently and only our national currency, which Labour has debauched, is stopping them. For now.

 

Bob *-)

[Brian Kirby]

Usinmyknaus - 2010-04-18 9:10 AM .......... No wonder more than half of over 55's dream of leaving Britain permanently and only our national currency, which Labour has debauched, is stopping them. For now. Bob *-)

Yeah, but they are the ones who believe what they read in the Daily Mail.  Those who stay are made of sterner, less gullible, stuff.  :-D

[Rayjsj]

Losos - 2010-04-17 10:24 PM

silverbike - 2010-04-16 10:12 AM Just don't try to take your Swiss Army knife or Leatherman through airport security!

Now that is definately a no no ! I have seen in several airports a kind of glass display case with hundreds of Swiss army knives and Leathermans all presumably confiscated from passengers, some very nice looking ones too

I agree to this, anyone who tries to carry a swiss army knife onto a plane after 9/11 deserves to get it confiscated, although prior to that I travelled to the states several times with mine on my belt, but times have changed. But this guy wasn't trying to get on a plane, he was driving his car, In THIS country, (possibly he shouldn't have been driving ??) but that is not the point. Are we ALL criminals now, until proven innocent ?? it's getting to feel like it. (CRB checks, extended Checks, potential ID cards Etc.,) And mostly just for being naive enough to Volunteer to help out at Grandkids school. In the end I declined. What a Sad old country we now live in. :'( RayAnd PLEASE don't say 'if you've got nothing hide', I havn't (apart from my Swiss army Knife !!!) 8-)

[mondo]

What always made me smile whilst I was a serving soldier going on operational tours via RAF Brize Norton..was going through to the departure lounge and being asked by the RAF/RCT Movements wallahs if I had any offensive weapons on me..yep a 7.62mm rifle (Best in the world ) and a rake of other types of knives

 

One time I actually had me ciggy lighter confiscated as they said it was a hazard....yea right!!

 

We were stopped one time by Norfolks finest after coming off the training area at Thetford in a civvy motor tooled up senseles the plods face was a picture when he asked me to lift the boot up!!He had the biggest sense of humour falure I've ever seen.. he actually threatened to lock us up..in fact I got a severe talking to by my C.O. after the incident because I called the copper a Nobber.. we were trying to make the training as real as possible but Norfolks finest didn't like it..never mind it never harmed my promotion prospects!!

[Losos]

mondo - 2010-04-18 5:29 PM in fact I got a severe talking to by my C.O. after the incident because I called the copper a Nobber..

TBH that sounds pretty innocent to me, it's not swearing is it ? once again we see the Police becomming 'jobs worth' types whereas long ago in the mists of time a copper knew who the bad guys were and went after them and didn't get involved in all this PC form filling must reach our 'target' today nonsense lol.

[Usinmyknaus]

Brian Kirby - 2010-04-18 12:17 PM

Usinmyknaus - 2010-04-18 9:10 AM .......... No wonder more than half of over 55's dream of leaving Britain permanently and only our national currency, which Labour has debauched, is stopping them. For now. Bob *-)

Yeah, but they are the ones who believe what they read in the Daily Mail.  Those who stay are made of sterner, less gullible, stuff.  :-D

Nah, that statistic was from "The Daily Telegraph" Brian, so it must be true... ;-) Bob

[Poppy]

Brian the Daily Mail is my bible (lol)

[Brian Kirby]

An excellent analogy.  Belief in both is an article of faith.  It's at times like these that I feel sorry for the Pope!  :-D