Re: [Histrenact] - Re: [Histrenact] : Wearing a sword in public


Dave Page (dpage@dial.pipex.com)
Fri, 4 Aug 2000 23:08:05 +0100


----- Original Message -----
From: "Leia Fee" <leiafee@totalise.co.uk>
To: <histrenact@novar.co.uk>
Sent: 04 August 2000 22:18
Subject: RE: [Histrenact] - Re: [Histrenact] : Wearing a sword in public

> >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.
>
> Could you argue that a blunt spring-steel reenactment blade wasn't made
with
> the intent to injure? I certainly don't beleive that the people waving
them
> round me *intend* to injure me.

You could use that as a defence in an interview (if it came to such) and in
court (also if it went that far). The intention is only relevant to s1.
Protection of Crime Act 1953 (Offensive weapons). If there was no intent to
use the weapon, then you could still be charged with having a bladed or
sharply pointed article (s139 CJA 1988). Its a bit like drink driving, if
you can't get them one way, theres always another.

> >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.
>
> Any suggestions for getting home other than teleportation?

You know what I mean. I've been to shows with sec.1 firearms, ammunition,
bayonets, even an anti tank weapon (albeit useless - even with ammunition as
its a PIAT!), swords, spears etc. in the back of my car over the years. And
on a couple of occasions I have been stopped (my car as a student was
"tatty" at best!) on my way to/from shows. I've explained what it is, why I
have it and presented the relevant licences where required and never had any
further problems. But as long as they are hidden out of sight and you don't
advertise them then the police would have no reason to stop you in that
respect (if your car only has 1 brake light and no tred on the tyres, thats
a different matter).

There are lots of "what if" situations that could be applied to the
legislation that is laid down. At the end of the day and it all goes pear
shaped for you, then the outcome will depend on many factors at the time.
I've tried to explain the legislation to clear up any ambiguity, but that is
only based on my opinion. I've quoted the exact wording of the acts, so I
would therefore say read it yourself and form your own conclusions. If you
are in any doubt go and get legal advice from a solicitor.

Cheers

Dave



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