Dave Page (dpage@dial.pipex.com)
Wed, 2 Aug 2000 17:30:30 +0100
----- Original Message -----
From: "Joram van Essen" <joramvanessen@yahoo.com>
To: <histrenact@novar.co.uk>
Sent: 02 August 2000 15:56
Subject: Re: [Histrenact] - Re: [Histrenact] : Wearing a sword in public
> Just a note abot weather a blunt sword is a stage prop
> or a weapon, the UK knife laws were updated a couple
> of years ago, the classification of a knife now is
> "anything that can be sharpened". Again it is up to
> the individual police officer weather they will stop
> you or not.
There are several points to this discussion. There are a few people who are
under a flase impression as to what the law will allow. A sword is an
OFFENSIVE WEAPON and sec.1 Prevention of crime act 1953 states that "It is
an offence for a perrson, without lawful authority or reasonable excuse, to
have with him in any public place, any offensive weapons".
For the purposes of this, an offensive weapin includes Any article made,
adapted or intended for yuse for causing injury, or intended for such use,
or carried for self defence (there are others, but are not relevant here).
The conclusions from this is that since a sword is a weapon INTENDED and
MADE for use for causing injury, it is an offensive weapon. The other
relevant bit is the lawful authority/reasonable excuse. Re-enactment is a
reasonable excuse, its mentioned in my notes from training college! So you
can possess one at an event during the hours at which the event is
officially taking place. After that time you are on dubious ground.
The other bit which gets more people arrested is Sec. 139(1) Criminal
justice act 1988 which states that "It is an offence for a person to have
with him in a public place any article with a blade or which is sharply
pointed". There are a few defences to this act, one of which is "carried
with good reason or lawful authority".
Since a sword has a blade and is sometimes sharply pointed, it is covered by
this section of the act.
SCENARIO: The show has ended on a Saturday. A few people go into town to go
to the chippy/off licence/supermarket/wherver. One has a sword on him. Since
he is:
- in a public place
- is carrying a weapon made for causing injury (the intentions of the person
are NOT relevant at this stage)
- does not have reasonable excuse (as the show has ended)
- is carrying an article with a blade and/or is pointed
he is breaking the law in respect of both acts. Both these offences are
arrestable and carry 5 and 2 year terms of imprisonment respectively.
> As affar as getting special permits to carry weapons,
> this does not allow you to use them i.e. for self
> defence (unless specifically registered for such for
> certain jobs).
There is no such thing as a permit to carry such a weapon in the UK and
carrying such a weapon for "self-defence" is asking for it, in my opinion.
The police merely enforce the law, and if you are caught breaking them you
could be arrested (in the case above I would arrest - Yes, I am a polce
officer). It is up to the CPS to decide whether to prosecute and the courts
to decide guilt or not.
And remember if you are arrested and charged, your weapon will be siezed and
it is very unlikly to be returned.
In my opinion, don't carry a weapon, no matter how small, in a public place
after the show has finished - its asking for trouble.
All the best
Dave
*** THIS IS NOT LEGAL ADVICE, MERELY MY OWN OPINIONS. PLEASE DO NOT TAKE IT
AS SUCH***
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