I understand your wish to get your knife back. But to me the far more important issue would be removing the warning.
Learnt a bad lesson today
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resnikov
Bushcrafter (boy, I've got a lot to say!)
Thats a nice sentiment but anything on your record could go against you for anything in the future.
You never know how a warning could go against you in the future, job, loans, insurance, (divorce - sorry not a nice subject and hopefully never come up but could be used against you in custody cases if things get nasty). Warnings and cautions aren't to be sniffed at.
I hope it all works out for you and I'll keep my fingers crossed mate.
GB.
Lose your knife and get a clean sheet, I'll help you with a new one.
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Does one have to accept a warning for it to be recorded, as with a caution? If so then I believe that the best thing is to accept and admit nothing, unless one is actually guilty of course. Does seem bad that anyone should feel the slightest guilt for going about their legal business. Then there is why you were stopped and searched
and on what grounds. Almost the worst thing in a justice system is an ignorant police force because Kafkaesque situations are so difficult to get out of.
Be interesting to hear what happens.
and on what grounds. Almost the worst thing in a justice system is an ignorant police force because Kafkaesque situations are so difficult to get out of.
Be interesting to hear what happens.
Elen Sentier
Bushcrafter (boy, I've got a lot to say!)
I agree, get a solicitor's help. The police are experts at playing their game, you're not. Hopefully the landowner's permission, in writing, will help to show you're a woodcrafter who works in the woods. Make sure you have your reason really square in your head and that it connects to the permission.
Goodness knows what they would say about the kit I used to carry as a gardener - knives fixed and folding that can be locked, pruning saws, nasty sharp things for doing all sorts of "damage" to trees and plants and soil ... dhhhhhhhhhh !!! I'll be damn careful about my own knives - although as "an old lady" they probably wouldn't treat me the same at all !!!Shocking thought ...
I'm really upset for you. It's an invasion, it would make me feel really bad, like violated. Don't be worried about feeling angry but don't show your anger to the police. A quiet, polite indignation perhaps but not anger.
The very best of luck with this.
Goodness knows what they would say about the kit I used to carry as a gardener - knives fixed and folding that can be locked, pruning saws, nasty sharp things for doing all sorts of "damage" to trees and plants and soil ... dhhhhhhhhhh !!! I'll be damn careful about my own knives - although as "an old lady" they probably wouldn't treat me the same at all !!!Shocking thought ...
I'm really upset for you. It's an invasion, it would make me feel really bad, like violated. Don't be worried about feeling angry but don't show your anger to the police. A quiet, polite indignation perhaps but not anger.
The very best of luck with this.
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Get legal councel, find some case studies and remember: there is a fine line between knowing your rights and being a smart-bottom.
It would do you well to find out under what legislation the search was performed, if you were not informed of this before the search, the search (and any seizures) are unlawful. (Will need to double-check this but I'm certain it is still the case)
If they claim to have authority from an officer of Inspector rank (or above) to stop and search without reasonable suspicion, request to see a copy of said authority under the FOI Act (or PACE if arrested/cautioned)
http://www.adviceguide.org.uk/engla.../law_police_e/police_powers.htm#Stopandsearch
It would do you well to find out under what legislation the search was performed, if you were not informed of this before the search, the search (and any seizures) are unlawful. (Will need to double-check this but I'm certain it is still the case)
If they claim to have authority from an officer of Inspector rank (or above) to stop and search without reasonable suspicion, request to see a copy of said authority under the FOI Act (or PACE if arrested/cautioned)
http://www.adviceguide.org.uk/engla.../law_police_e/police_powers.htm#Stopandsearch
Good man.
I'm happy to donate some materials towards a build - bit flat out with other jobs at the mo or I would offer to help more.
Exactly my point. The knife can be replaced unless it's a family heirloom or war souvenier. Your good name and reputation is one of the most valuable things you'll ever have.
greensurfingbear
Bushcrafter (boy, I've got a lot to say!)
Well, the wording of the law that has been discussed in this thread pretty obviously turns the responsibility onto the member of the public to demonstrate that they had a sensible reason for going about with a knife. I suppose that this is because otherwise the police could come across a person who was armed (and had intent to do harm but did not admit this), and for lack of proof that they were off to murder someone, be powerless to disarm them. I think it's a real shame that in this case the OP has come up against some officers who feel the need to interpret the legislation as liberally as possible with regards to their own powers. In particular I would have thought that a solicitor might point out that the knife in the context of a set of additional tools, a first aid kit, etc, is evidence of legitimate purpose in the same way in which a guy wandering the streets with a baseball bat is not quite the same as a guy with a bat and a ball in a sports bag containing other sports paraphernalia.
Also, regarding the warning; I think there is a tendency for police to understate the effect these have on your record. However, if the OP can get the warning crossed off, then surely that's an admission that you did no wrongdoing? If so, then they were carrying the knife with legitimate purpose, and it should be returned. Good luck with that one, though!
As others have said, I wouldn't go near it without a solicitor.
P
Passer
Guest
Some cops are decent guys (my brother for one), and some are small-minded jobsworths. You had the misfortune to run into the latter. There's no point trying to be reasonable with them once the thing has gone past a certain stage - at that point, cold, logical legalese is all that will work. You are in the right, legally, but you will need a solicitor and a lot of hassle to prove it. I would worry more about your record than the knife, gutted though you must be to have it basically stolen from you in that manner. Good luck mate.
Hope all goes well
I am personally a bit shaken by this as we live in the same area Avon and Somerset
I have never had any problem admittedly and only ever go through a major centre of population carrying tools en route to somewhere which I have always believed to be legitimate. May need to rethink that
Obviously let us know what happens
I know Radstock well and must say I could suggest a few things the police would be better following up !Of course that may have a bearing on the action they took indiscriminately
I am personally a bit shaken by this as we live in the same area Avon and Somerset
I have never had any problem admittedly and only ever go through a major centre of population carrying tools en route to somewhere which I have always believed to be legitimate. May need to rethink that
Obviously let us know what happens
I know Radstock well and must say I could suggest a few things the police would be better following up !Of course that may have a bearing on the action they took indiscriminately
The thing to remember is that warnings are formal. Should you go for a job which requires a CRB check, and more and more employers are having them done, then it will show up on the information.
As others have said, do everything you can to get the warning withdrawn. Good luck with it.
All the best for today, please take a solicitor with you, the Chief Constable will not be alone.
Elen Sentier
Bushcrafter (boy, I've got a lot to say!)
I have to ask ... has anyone got a grudge against you? It just sounds as though the police might have been "acting on information received". Get a solicitor ASAP, see CAB for help. You need legal advice and help for this. Get the landowner's written permission and make copies of it.
Just a question, you mention in the OP about "looking odd" ... do you look "odd"? People can be so paranoid nowadays it's quite scary.
The very best of luck with this.
Just a question, you mention in the OP about "looking odd" ... do you look "odd"? People can be so paranoid nowadays it's quite scary.
The very best of luck with this.
Good Luck mate. As others have said go for the warning not the knife.
Any criminal record including cautions can put a dead stop on your ability to migrate or work abroad. And others have mentioned the local downsides like jobs etc.
While these may not seem important right now, it is not a good thing to trade for a £200.00 knife.
Any criminal record including cautions can put a dead stop on your ability to migrate or work abroad. And others have mentioned the local downsides like jobs etc.
While these may not seem important right now, it is not a good thing to trade for a £200.00 knife.
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