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Threats with knives or offensive weapons.

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Re: Threats with knives or offensive weapons.

Postby Maz JP » Fri Oct 06, 2017 11:56 am

For the anecdotal record, I sit in an area of high knife crime (every remand court day will tend to feature one or more knife crimes), but in (say) the last decade or so I can only recall a single case of the type described here, (charged with knife possession with a defence of 'reasonable use'). Perhaps because our policemen are more sensible than has been suggested and so such cases don't come to our court? I don't know.

I seem to remember he was a tradesman who had just forgotten to clean his vehicle completely of his tools or some such. Either way, it was a not guilty verdict.
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Re: Threats with knives or offensive weapons.

Postby shootist » Fri Oct 06, 2017 11:50 pm

Maz JP wrote:For the anecdotal record, I sit in an area of high knife crime (every remand court day will tend to feature one or more knife crimes), but in (say) the last decade or so I can only recall a single case of the type described here, (charged with knife possession with a defence of 'reasonable use'). Perhaps because our policemen are more sensible than has been suggested and so such cases don't come to our court? I don't know.

I seem to remember he was a tradesman who had just forgotten to clean his vehicle completely of his tools or some such. Either way, it was a not guilty verdict.


While your experiences may be accurate I have a number of doubts about the police approach to this. The case that always comes to mind is that of a retired army officer of very senior rank who was about to travel on the channel tunnel. He was, for some innocuous reason or other, found in possession of an item similar to the Victorinox 'card', a sort of multi tool in a plastic case. One of the accessories was a fixed knife blade of some one and a half inches blade length, virtually impossible to use as a weapon, but breaching S.139 according to the definition. He was taken from the train to a police station, interviewed, and given a caution, which he, of course, accepted out of ignorance, before being released sans 'card' and with a CRO number.

Cases where a caution is offered to a decent person who has fallen under suspicion of the police, who will inform him of his guilt in a manner he believes, as decent people often believe the police, will not, of course, come before a court. But, if only one life is saved, or one necessary box is ticked, it will all be worthwhile.
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Re: Threats with knives or offensive weapons.

Postby diy » Mon Oct 09, 2017 7:55 am

FYI, There is nothing in the legislation that says a blunt (without a point) knife doesn't count as a bladed article.

Brooker v DPP 2005 tested this, with a butter knife

http://swarb.co.uk/brooker-v-director-o ... -apr-2005/
My suggestions are not legal advice
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Re: Threats with knives or offensive weapons.

Postby shootist » Mon Oct 09, 2017 10:51 am

diy wrote:FYI, There is nothing in the legislation that says a blunt (without a point) knife doesn't count as a bladed article.

Brooker v DPP 2005 tested this, with a butter knife

http://swarb.co.uk/brooker-v-director-o ... -apr-2005/


Of course you are right. But with the sort of knife I mentioned it's possession could be defended on the grounds of good reason to possess.
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