Possession Of A Bladed Article In A Non-public Place – Crime


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I lately handled a gents, whom I shall name Dave, for a
little recognized offence that was launched earlier this yr
involving possession of bladed articles in a personal place.

Part 141(1A) of the 1988 laws prohibits the possession
in personal or public of sure offensive weapons together with underneath
subsection (r):

‘a sword with a curved blade of fifty centimetres or over
in size; and for the needs of this sub-paragraph, the size
of the blade shall be the straight line distance from the highest of
the deal with to the tip of the blade
.’

My consumer, who’s ex forces, had amassed over time a
personal assortment of swords, a few of which, had actually
in a single day grow to be unlawful as a consequence of a change within the legislation.

With the assistance of an professional, we had been capable of argue {that a} quantity
of things seized weren’t illegal as they had been both not lengthy
sufficient or curved sufficient to fall foul of the laws.

We additionally utilised the next exemption to exhibit that
Dave was sufficiently expert to have made among the swords by
hand:

3. It shall be a defence for an individual charged:

1. with an offence underneath part 141(1) [F12or (1A)] of the
Prison Justice Act 1988; or

2. with an offence underneath part 50(2) or (3) of the Customs and
Excise Administration Act 1979,

In respect of any conduct of his regarding a weapon to which
part 141 of the Prison Justice Act 1988 applies by advantage of
paragraph 1(r), to point out that the weapon in query was made earlier than
1954 or was made at every other time in response to conventional strategies
of constructing swords by hand.

Following representations, the prosecution supplied no proof
in opposition to Dave for all offences, making him very comfortable that he would
not lose his prized assortment.

The content material of this text is meant to supply a common
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.

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