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arrested for a fishingknife
crazymac:
--- Quote from: Lord Shagg-Pyle on April 17, 2009, 12:51:46 ---
Source: Restriction of Offensive Weapons Act, 1959. Section 1(1).
Offence: It is an offence for a person to manufacture, sell, hire or offer for sale or hire or expose or have in his possession for the purpose of sale or hire, or lend or give to any person:
A) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes know as a ‘flick knife’ or ‘flick gun’; or
B) any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a ‘gravity knife’.
--- End quote ---
Some good info there LSP, thanks.
One thing I notice, is the variation of what I call a lock knife and what the LAW call as lock knife?
The way I read the above, is the LOCK knife bit ties into the "Gravity knife" In that the blade is released by gravity then locks into place. This being different that say and Opinel knife where you have to physically PULL the blade out and lock it into place. ??
Does anyone elso see it this way?
topless matt:
Yeah i agree with that!
Lord Shagg-Pyle:
Which is how I would interpret it.
Going by Stretchy's description, I will 'assume' the knife in question will be something like the one below.
There are several ways of looking at this scenario:
1) If I was to find that on someone, they would be eating gravel very quickly, possibly with a smidgin of CS and a bit of baton thrown in, before away to spend a night in our luxury accomadation. I have faced something like that. Not nice in anyway whatsoever. I still get the jitters about it now. The Black Dog frequently snaps at my heels.
2) If I was to find that in someone's car close to them, I would be getting very tetchy indeed, but I would be asking a lot of questions as to why, how, etc etc, before making decisions on the next move.
3) If it I was to find it tucked away at the bottom of the boot amongst tools away from easy access, I would be less twitchy, but would still ask the pertinent questions
For examples 2 & 3, the folllowing factors would come into play.
The subject's previous convictions, if any.
The results of an intelligence check, and I don't mean their IQ.
The time of day.
The location.
The circumstances given by the subject.
What my 'gut instinct' tells me about the person.
PLEASE NOTE: That is how I would deal with it. These views are not in any way those of the Police in general, but just the meanderings of someone who tries to see things logically.
It lies with the person in possesion of the knife to prove they had it for a legal purpose, not for Plod to prove otherwise.
CaptainColourful:
I am sure that most people don't NEED to carry a knife at all, no matter what size or shape.
The best advise is not to leave yourself open to arrest and only carry one when you have followed the advice in LSP's long list of "what, when and if ".
As far as the cutting of seatbelts in an emergency is concerned, I recall seeing a gadget especially made for that use. It was a plastic body with 2 blades forming a V shape. It was similar to a tool that a lot of people use to cut shrink wrap from palletised goods.
Surely one of those fastened to your ignition keys would suffice ?
Fishing knives ? The only time I ever carried one was when I went seafishing, and it was left in my tacklebox until it was time to gut & fillet the fish on the way back to harbour .... by the time we landed onshore it was back in it's place nice and safe.
When I am course fishing, I can't imagine when a knife would be preferable to a pair of scissors or nail-clippers.
The "survival" type knives on sale seem to be multi-purpose ... blade,saw, matches, fishing line, compass etc etc... ideal if you are halfway up the amazon and in dire straights... but when exactly would you really need that here in the UK ?
Surely a mobile phone and/or a flare would be more use ?
The law as it stands is very clear... anyone with a knife blade over 3" in their possesion deserves to be looked at closely by the plod.
I really can't see a problem with that.
On the subject of tools... any screwdriver could be used as a lethal weapon so will we see those banned too if some lowlife decides that he can carry one instead of a knife ?
The list could go on and on ( a bit like this thread ) but it's all down to common sense from Joe Public and the plod using some initiative and a good old fashioned copper's nose for knowing when trouble is afoot.
Sorry it's been a long reply, I will now keep my gob shut on the subject !
defuzz:
the important thing to remember is CONTEXT
It is illegal to carry anything that a police officer thinks might be an offensive weapon if you don't have a good reason, this includes, knives, screwdrivers, baseball bats etc.
If you are a chef on the way to work carrying a big knife, thats fine.
If you are a kid carrying a screw driver whilst out on the town, thats an offensive weapon.
Its also important to know that just because a blade is under 3 inches and doesn't lock, its not necesarily legal to carry, again , it is down to the context. If its in your glovebox as an emergency tool, you probably won't have any problems, but if you are the same chav going to the night club with it in your pocket, 3 inches or not, its an offensive weapon.
7 inches seems awfully big to just have in the car like that, and frankly, hollow handle survival knifs are the worst knives imaginable, utterly useless if you ask me but then I've seen them snao and imbed 2 inches from someones leg.... but thats not the point of this thread.
My knife of choice has always been an opinel, the locking blade gives some reasurance but for obvious reason I no longer take it off my own property. In the boot I have a retractable stanley knife (which has a locking blade but you'd be pretty unlucky for a copper to arrest you for that if its in a tool box, if its in your pocket down the pub, maybe...
Incidentally, leathermen knives are considered locking blades. the fact that the plier handles fold up to stop the blade closing make it a locking type.
Good luck with the rest of the legal process, I'd hope with a provable history of fishing and such like, you may get off witha wrist slapping but I don't know enough about the system to offer much more.
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