Paul Murphy (Paul.Murphy@gemini-genomics.com)
Wed, 02 Aug 2000 18:20:00 +0100
Dave Page makes an interesting point:
>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
>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.
The police do indeed enforce the law, although of course we are all aware that
their enforcement is subject to interpretation and the attitude of the officer
at the time. ANY implement can be construed as an offensive weapon under the
correct circumstances - for example, a set of keys held so that one key projects
between the knuckles, and arrests and prosecutions have been made under such
circumstances.
The important point is that the police must be able to show just cause for the
arrest. In the case of a re-enactor walking down the street with a sword
outside of show or training hours, Dave would make an arrest. Others wouldn't.
In general it will then be up to the custody sergeant to decide whether to pass
it up the chain of command and then to the CPS, and the CPS would then decide
whether to prosecute. If you had made no threat with the sword, did not draw
it, and no-one complained about it, then the average sergeant would pat the
constable on the head, say "good doggy" and send him/her back onto the street to
find some _real_ criminals while apologising to you in the hope that you don't
say the words "arrest" and "wrongful" in the same sentence. On the other hand,
if you get snotty with the constable, try to argue the point, or generally make
his/her life difficult, then _everyone_ you meet while progressing through the
legal system will brand you as a trouble maker and you _will_ find yourself
being prosecuted.
A case in point was the arrest and detention of a chef in 1998 for carrying a
set of knives in his car without just cause. Having established at the station
that he was a chef (a call to his employer sorted it out), he was released
without charge, and his knives returned. No problem. However, he sued for
wrongful arrest, but the judge ruled against him on the basis that the police
have a duty of care, and would have been negligent in allowing him to continue
on his way while in possession of the knives unless he could prove that he had a
valid reason for carrying them. In other words, guilty until proven innocent.
This little gem of legal precedent has never been tested in a higher court,
since the award of costs against the chef left him unable to take it further.
>And remember if you are arrested and charged, your weapon will be siezed and
>it is very unlikly to be returned.
The police have the power to confiscate anything which they deem to be an
offensive weapon. Having done so, they _must_ return it if you can then provide
a valid reason for having it, as state-sponsored theft is not yet legal in this
country. As a result, it is vitally important that if you are ever requested to
hand over your re-enactment equipment to the police, you should do so but GET A
RECEIPT for it, preferably from the desk sergeant at the police station. If you
can't prove that they have it, how can you demand it back?
>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.
I would back this statement wholeheartedly, as apart from the potential for the
police to take a dim view of your actions, the possibility of having it stolen,
or wrenched away from you by a drunk, mugger, or other unsuitable wielder is
always present.
Best Wishes,
Paul.
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Paul Murphy - Head of I.T., Gemini Genomics
162 Science Park, Cambridge CB4 0GH
Tel. 01223 435305 Fax. 01223 435301
http://www.gemini-genomics.com/
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