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I am all for fighting knife crime, but.....

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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    I agree. Plenty of people carry such items, and the excuse given would suggest he had good reason for possession. If the blade was under 3", the prosecution would have to prove it was an offensive weapon.

    Pleading guilty, if the story is as reported, would be bonkers.

    Perhaps there is more to it, as is usually the case with these reports.

    blade size doesnt determine legality does it deep plurple ?
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    Deep PurpleDeep Purple Posts: 63,255
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    Stiffy78 wrote: »
    Surely the blade had to be bigger than that or he had the country's worst lawyer?

    I'm not sure. The report says he pleaded guilty to possessing an offensive weapon, not a bladed instrument.

    The one in the picture looks a normal penknife type implement.
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    Deep PurpleDeep Purple Posts: 63,255
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    blade size doesnt determine legality does it deep plurple ?

    For possession of a bladed instrument, the blade has to be longer than 3". A folding pocket knife with a blade less than that can be lawfully carried.
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    trevalyantrevalyan Posts: 7,705
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    Richard46 wrote: »
    Its not unless carried for an offensive purpose. Other people have fought and won such cases. He choose not to, he should have presented his defence to the court not the Mail.

    we don't know what his solicitor advised him to do though, or even if he had one. he may have had bad advice, who knows?
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    Stiffy78Stiffy78 Posts: 26,260
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    I'm not sure. The report says he pleaded guilty to possessing an offensive weapon, not a bladed instrument.

    The one in the picture looks a normal penknife type implement.

    That's not his knife though is it?

    I'm probably showing my ignorance here but I thought there was some sort of 'good reason' defence or that a good reason to assume it would be used as a weapon had to be given before a blade of less than three inches would be classed as an offensive weapon?
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    culturemancultureman Posts: 11,701
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    trevalyan wrote: »
    we don't know what his solicitor advised him to do though, or even if he had one. he may have had bad advice, who knows?

    On the contrary I think the article makes that quite clear.
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    Deep PurpleDeep Purple Posts: 63,255
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    Stiffy78 wrote: »
    That's not his knife though is it?

    I'm probably showing my ignorance here but I thought there was some sort of 'good reason' defence or that a good reason to assume it would be used as a weapon had to be given before a blade of less than three inches would be classed as an offensive weapon?

    If the blade was longer than 3", then it is an offence to possess it, unless he can show he had good reason for the possession.

    As reported, I would not have expected a prosecution.

    The report states he admitted possessing an offensive weapon, and that would not be the charge if it was a longer blade than 3". If it was less than 3", then the prosecution have to prove it was an offensive weapon.

    The report leaves a lot of questions.
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    trevalyantrevalyan Posts: 7,705
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    cultureman wrote: »
    On the contrary I think the article makes that quite clear.

    well, the article reports what his defence solicitor* read to the court, but it doesn't say whether that defence solicitor advised him beforehand to plead guilty, or whether this man just wanted to admit it under his own duress.

    your solicitor will give you likely outcomes, depending on your plea, before you go in. if they think pleading guilty is the lesser of two evils, that is what they will advise.



    * sorry, i don't know why i suggested he may have not had a solicitor - d'oh!
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    m4rk1m4rk1 Posts: 4,084
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    If the blade was longer than 3", then it is an offence to possess it, unless he can show he had good reason for the possession.

    As reported, I would not have expected a prosecution.

    The report states he admitted possessing an offensive weapon, and that would not be the charge if it was a longer blade than 3". If it was less than 3", then the prosecution have to prove it was an offensive weapon.

    The report leaves a lot of questions.


    Would you have charged him?
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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    For possession of a bladed instrument, the blade has to be longer than 3". A folding pocket knife with a blade less than that can be lawfully carried.

    are you sure ?
    as i understood it any knife carried without good reason was illegal regardless of size ,

    quote -
    It is illegal to carry any knife if there is intent to use it.

    you could try that arguement with anyone deep purple but it wouldnt work on a police officer im afraid .
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    Stiffy78Stiffy78 Posts: 26,260
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    If the blade was longer than 3", then it is an offence to possess it, unless he can show he had good reason for the possession.

    As reported, I would not have expected a prosecution.

    The report states he admitted possessing an offensive weapon, and that would not be the charge if it was a longer blade than 3". If it was less than 3", then the prosecution have to prove it was an offensive weapon.

    The report leaves a lot of questions.

    Thanks, so if it's longer than 3" it's not an 'offensive weapon' but the charge is possession of a 'bladed weapon' instead?
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    culturemancultureman Posts: 11,701
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    trevalyan wrote: »
    well, the article reports what his defence solicitor* read to the court, but it doesn't say whether that defence solicitor advised him beforehand to plead guilty, or whether this man just wanted to admit it under his own duress.

    your solicitor will give you likely outcomes, depending on your plea, before you go in. if they think pleading guilty is the lesser of two evils, that is what they will advise.



    * sorry, i don't know why i suggested he may have not had a solicitor - d'oh!

    Interesting the guy invited the DM up, [plus photographer], to cover the whole thing.:rolleyes:
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    trevalyantrevalyan Posts: 7,705
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    are you sure ?
    as i understood it any knife carried without good reason was illegal regardless of size ,

    quote -
    It is illegal to carry any knife if there is intent to use it.

    you could try that arguement with anyone deep purple but it wouldnt work on a police officer im afraid .

    you can walk into your local Tog24 for example and buy those small multi-tools and folding knives lawfully straight out of the cabinet. you don't have to have a reason.
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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    Stiffy78 wrote: »
    Thanks, so if it's longer than 3" it's not an 'offensive weapon' but the charge is possession of a 'bladed weapon' instead?

    Know about knives and the law

    Before talking to your child about knives, you might want to consider the following points:
    It is illegal to carry any knife if there is intent to use it, even defensively, as a weapon. Even if the knife belongs to someone else, such as a friend or a boyfriend.
    Police can and will search someone if they believe they are carrying a knife. Police can also go into schools and search young people there.
    Carrying a knife could mean being arrested, going to court and ending up with a criminal record or even a prison sentence. This can affect the rest of someone’s life. Having a criminal record can prevent that person getting a job, going to university or college or even travelling to certain countries.
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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    trevalyan wrote: »
    you can walk into your local Tog24 for example and buy those small multi-tools and folding knives lawfully straight out of the cabinet. you don't have to have a reason.

    you can but thats not the issue is it ?
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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    For possession of a bladed instrument, the blade has to be longer than 3". A folding pocket knife with a blade less than that can be lawfully carried.

    not without good reason it cant deep purple .
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    m4rk1m4rk1 Posts: 4,084
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    Know about knives and the law

    Before talking to your child about knives, you might want to consider the following points:
    It is illegal to carry any knife if there is intent to use it, even defensively, as a weapon. Even if the knife belongs to someone else, such as a friend or a boyfriend.
    Police can and will search someone if they believe they are carrying a knife. Police can also go into schools and search young people there.
    Carrying a knife could mean being arrested, going to court and ending up with a criminal record or even a prison sentence. This can affect the rest of someone’s life. Having a criminal record can prevent that person getting a job, going to university or college or even travelling to certain countries.

    Correct but totally out of proportion to what went on in this case.
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    trevalyantrevalyan Posts: 7,705
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    cultureman wrote: »
    Interesting the guy invited the DM up, [plus photographer], to cover the whole thing.:rolleyes:

    are you suggesting he pleaded guilty so he could become part of Daily Mail folklore and deliberately be a beacon of Broken Britain?

    i don't know the full story, or what happened, but if he has a legitimate grievance, the DM is probably as good an outlet as any to report it.

    this was my point the other day. is it the messenger that irritates, or the topic, which may just have a legitimate point of somebody wronged that we don't really want to bring ourselves to grudgingly support?
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    Stiffy78Stiffy78 Posts: 26,260
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    Know about knives and the law

    Before talking to your child about knives, you might want to consider the following points:
    It is illegal to carry any knife if there is intent to use it, even defensively, as a weapon. Even if the knife belongs to someone else, such as a friend or a boyfriend.
    Police can and will search someone if they believe they are carrying a knife. Police can also go into schools and search young people there.
    Carrying a knife could mean being arrested, going to court and ending up with a criminal record or even a prison sentence. This can affect the rest of someone’s life. Having a criminal record can prevent that person getting a job, going to university or college or even travelling to certain countries.

    Thanks for that but it doesn't answer my question.
    I am interested in why the charge wouldn't be 'posession of an offensive weapon' if the blade was more than 3".
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    Deep PurpleDeep Purple Posts: 63,255
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    are you sure ?
    as i understood it any knife carried without good reason was illegal regardless of size ,

    quote -
    It is illegal to carry any knife if there is intent to use it.

    you could try that arguement with anyone deep purple but it wouldnt work on a police officer im afraid .

    I'm sure. It is an offence to possess a bladed instrument without good reason, or lawful authority, unless it is a folding penknife, with a blade less than 3" long.

    If it is less than 3", it has to be shown that the knife is an offensive weapon.
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    trevalyantrevalyan Posts: 7,705
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    you can but thats not the issue is it ?

    why not?
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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    m4rk1 wrote: »
    Correct but totally out of proportion to what went on in this case.

    so the sentence reflects the gravity of the crime surely .
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    rockerchickrockerchick Posts: 9,255
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    I bought a stanley knife to cut up some carpet with the other day, could i have got done by the coppers on the walk back to my house from wilkinsons?
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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    I'm sure. It is an offence to possess a bladed instrument without good reason, or lawful authority, unless it is a folding penknife, with a blade less than 3" long.

    If it is less than 3", it has to be shown that the knife is an offensive weapon.

    but the police officers in this case seem to disagree and they should know the law deep purple .
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    FERAL SHARKEYFERAL SHARKEY Posts: 3,760
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    trevalyan wrote: »
    why not?

    not illegal to buy or own just illegal to carry in public or without good reason otherwise housewife's would be chopping carrots with spoons trev .
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