MoD official gets apology

[Yorkshire Boy]

Hello folks, This is my first post.
I thought it would be related to the knife law and penknife articles I´ve been reading.
I´m sorry if you´ve already seen it.
Read this in Metro newspaper 19.2.2007.
Brigadier Tom Faulkes, 35 years MoD, has recieved a formal apology and had all record of his "offence" wiped. He was arrested and taken off a train for using a Swiss-army style multi-tool with a two inch blade. The apology restored his faith in justice he said. "Best of all I got my knfe back".
I think he had one of those Swiss Card type tools. If so, the two inch blade he was using would be classed as a fixed blade knife. Am I right on this?
How would we fare in such a situation? Not well I presume.
Anyway, my EDC is a SAK waiter. Not very macho! but handy enough for me all the same.
Take care everyone, John.

 

[FGYT]

Hello folks, This is my first post.
I thought it would be related to the knife law and penknife articles I´ve been reading.
I´m sorry if you´ve already seen it.
Read this in Metro newspaper 19.2.2007.
Brigadier Tom Faulkes, 35 years MoD, has recieved a formal apology and had all record of his "offence" wiped. He was arrested and taken off a train for using a Swiss-army style multi-tool with a two inch blade. The apology restored his faith in justice he said. "Best of all I got my knfe back".
I think he had one of those Swiss Card type tools. If so, the two inch blade he was using would be classed as a fixed blade knife. Am I right on this?
How would we fare in such a situation? Not well I presume.
Anyway, my EDC is a SAK waiter. Not very macho! but handy enough for me all the same.
Take care everyone, John.

Swiss multi tool is similer to a leatherman and different from the Swiss card as far as i can see they are all Locking blade type so should be illegal carry with out a good reason maybe he had one

 

[Cormac]

locking blade= safety feature= good reason!

 

[Martyn]

locking blade= safety feature= good reason!

No it isnt, sorry.

Say that to a cop and he will confiscste your knife, arrest you and the magistrate will convict you, I absolutely guarantee it.

 

[Martyn]

Swiss multi tool is similer to a leatherman and different from the Swiss card as far as i can see they are all Locking blade type so should be illegal carry with out a good reason maybe he had one

He didnt have a good reason. But he wasnt charged under section 139, he was charged with carrying an offensive weapon.

 

[Martyn]

I think he had one of those Swiss Card type tools. If so, the two inch blade he was using would be classed as a fixed blade knife. Am I right on this?

It's an illegal knife to carry without good reason, and if the cops had charged him under section 139, they would've been on the money. However, he was charged with posession of an offensive weapon which is a different offence. It's that charge the police have apologised over.

 

[Surrey Yeoman]

Whatever he was charged with, he shouldn't have been!

The knife laws were introduced to try to deal with thugs carrying blades to hurt people with and I do wish some of my colleagues would remember that!

I wasn't there, so I suppose I can't judge the coppers that dealt with the old boy, but I do wonder why the "discretion" that the office of Constable grants us wasn't applied?



Yeoman

 

[gregorach]

Well, if they charged him under the OWA, then their discrection was applied - just not in the direction you think it should have been.

 

[Cormac]

No it isnt, sorry.

Say that to a cop and he will confiscste your knife, arrest you and the magistrate will convict you, I absolutely guarantee it.

lucaly ireland has a different law system

 

[Martyn]

Whatever he was charged with, he shouldn't have been!

The knife laws were introduced to try to deal with thugs carrying blades to hurt people with and I do wish some of my colleagues would remember that!

I wasn't there, so I suppose I can't judge the coppers that dealt with the old boy, but I do wonder why the "discretion" that the office of Constable grants us wasn't applied?



Yeoman

No argument here. Things are getting a little silly in some parts. Still, at least common sense prevailed in the end and he got his knife back and an apology.

 

[Martyn]

Well, if they charged him under the OWA, then their discrection was applied - just not in the direction you think it should have been.

The problem there is we are seeing an increasing number of people hit with OW charges as a response to carrying any bladed article. They then get offered a caution and if they accept, it becomes a tacit acceptance of their guilt and the OW charge goes on their record.

What the old boy should of done, was refused to accept the police caution, asked for the duty solicitor and challenged the police to prove that the swiss card was being carried by him with an intent to use it as a combat weapon.

He may have had to spend a few more hours in the cells but I doubt much more once the duty inspector got wind of it.

Still, how would he know to do that? We should be able to trust the police to have our best interests at heart, not need to all be lay-solicitors just in case. Sign of the times, fleet street is powerful. It was a poor shout on the part of the cops.

 

[gregorach]

Yeah, you're right Martyn - but the prospect of a few hours in the cells can be pretty offputting. I'd like to think that's what I'd do, but you never know... Hopefully, I'll never have to find out.

 

[Martyn]

Yeah, you're right Martyn - but the prospect of a few hours in the cells can be pretty offputting..

Oh, no question. I think most people would be thinking "where do I sign, I want out of here now!", rather than, "let me sit in the cell and think about this a little".

It's a poor state of affairs really. Once these discretionary laws start being applied to decent folks, then we have to review the laws. Discretionary laws are only good when their application is against the criminal and for the general good of the population. If that stops happening (and I can live with a few mistakes), then the laws ne to be reviewed. That means re-writing them with less police-discretion, which in turn, binds the hands of the police and hinders them. We loose all ways up. If only those fools in fleet street could see the long term consequences of the political pressure they apply, maybe they'd learn to be more moderate. But moderate doesnt sell column inches.