Possession of an Offensive Weapon.

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boatman

Bushcrafter (boy, I've got a lot to say!)
Feb 20, 2007
2,444
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dont be perdantic its a turn of phrase

If they didn't have the landowners permission - which I assume they didn't otherwise the officer had no cause re the bowie knife they could be done for Armed trespass and very likely criminal damage. Hence the camp was illegal
Wouldn't dream of being pedantic but illegal in this instance is not actionable by the police which was the point you made. No charges except for the knife in question so even the police don't agree with you.
 
Feb 15, 2011
3,860
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Were you on private or public land ? .......if your were on private land then the knfe was not illegal........must say the copperess certainly had ***** comming into a camp alone & facing six lads...anything could have happened.:yikes:
We often hear stories of louts trashing woodland & the police doing nothing about it & when they do react (probably a tip off from a dog walker :rolleyes:) they sometimes get it wrong....anyway, i'ts for the magistrates to decide if or not a crime has been commited & hopefully they have some common sense.
 
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Retired Member southey

M.A.B (Mad About Bushcraft)
Jun 4, 2006
11,098
13
your house!
We were all summoned from our tents and asked our details by this solitary officer who then decided that she could smell cannabis in the other tent which was occupied by three members of our group, may I clarify that there was absolutely no drugs in the tent at the time and there had not been at any time prior to this event.

This solitary officer then took it upon herself to conduct a search of a certain individuals bag who was originally inside this tent, first and foremost that is illegal as one must be searched in the presence of another officer who can co-witness the search so as to facilitate the reduction in possible abuses of power and to provide the CPS with more solid evidence to build a case on so as to increase the likelihood of ensuring a safe conviction.

The officer found a seven inch bowie knife, sheathed, that was stowed in the individuals bag and was used to baton wood for the fire.

The individual was told to, and I quote "come to the van and we can sort this out". He was promptly told that he was under arrest....... he was never read his rights. The officer did not search any other member of the group.

He was detained for six hours and ended up accepting a caution as he needed to be at work which was opposite the station.


Because they had been smoked? using the term "at this time" suggests to me there were drugs at another time, even so, a heavy smell of cannabis is enough reason to search, and I still maintain that camping\carving\chopping wood is not good reason to to carry a knife over the legal limits and out side of the butter knife exception, you can cut with a saw which may be more acceptable, you dan prep food with a decent butter knife and a good folder. you as we do take it upon your self to take what ever you want out, if you fall foul of the law\landowners then its your fault, just grow up and accept what's what, lots of childish people go on about freeman rights and other such tosh, just act with respect and you will most likely go on camping with out any further trouble, lots of us do and in large groups.
 

Prawnster

Full Member
Jun 24, 2008
806
0
St. Helens
Because they had been smoked? using the term "at this time" suggests to me there were drugs at another time, even so, a heavy smell of cannabis is enough reason to search, and I still maintain that camping\carving\chopping wood is not good reason to to carry a knife over the legal limits and out side of the butter knife exception, you can cut with a saw which may be more acceptable, you dan prep food with a decent butter knife and a good folder. you as we do take it upon your self to take what ever you want out, if you fall foul of the law\landowners then its your fault, just grow up and accept what's what, lots of childish people go on about freeman rights and other such tosh, just act with respect and you will most likely go on camping with out any further trouble, lots of us do and in large groups.

I disagree on your point about camping/wood prep not being a good enough reason for carrying a knife that is better suited to those tasks than a 3 inch non locking folder. What would you say is good reason then?

I think most would agree that the lads in this situation were harshly treated concerning their knife and shouldn't have accepted a caution. It wasn't even in someone's belt but rather sheathed in a bag!


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spandit

Bushcrafter through and through
Jul 6, 2011
5,594
308
East Sussex, UK
..private land without general public access.......is that better ?..;)

Not really... Implies unlawful entry (ooer...). I think that unless they had permission to be there & there was a physical barrier preventing other people entering then you might be right. I'm no legal expert, mind :)
 

treefrog

Full Member
Aug 4, 2008
650
35
South Yorkshire
How old are the people mentioned in the OP?

CPS Guidance on Youths.

[h=3]Youths[/h]It has been agreed between ACPO and the CPS that a more serious response is required for youths aged 16 and 17. The starting point is for the police to charge youths aged 16 and 17 unless there are exceptional circumstances.
A warning remains the normal response for a first offence committed by a youth aged 10 to 15 inclusive. A youth of 15 and under who admits an offence of possession of a bladed article or offensive weapon and has no previous convictions should be considered for diversion in accordance with the criteria set out in:
  • Section 65 and 66 Crime and Disorder Act 1998;
  • Home Office/Youth Justice Board Guidance on the Final Warning Scheme (November 2002);
  • Home Office Circular 14/2006;
  • ACPO Guidance on the Investigation, Cautioning and Charging of Knife Crime Offences 2008.
 
Were you on private or public land ? .......if your were on private land then the knfe was not illegal........must say the copperess

depends if the land is accessed by the public its now said its church land which lots of people use if the church generally lets people use it then its a public space

yes tescos carpark is a public area as is the inside of Tescos shop in opening hrs as is the inside of your car when on a public road as was my front garden when i lived in a cul de sac and nobody had hedges or fences as is the wilderness gathering site in day time etc etc

Law says Public PLACE not Land etc Public place is some where the general public can freely access (are allowed) even if they pay to get in

http://www.dorsetwoodlandblades.co.uk/lawcarry.html

a 7" bowie is not an offensive weapon but can be used in an offensive manner or talked about being used offensively making it one

with good reason you can carry one and Camping to do fire wood is a good reason (regardless if your better using an axe) you just have to prove it ( illegal camping is not likely to give you a good reason)

if you have good reason you can use anything you like even if a EDC sun 3" folder is capable of the job. a Saw or Axe is just as much an S139 offence as a big knife they are both Sharply pointed or Blades articals and neither has is covered by the exemption of Sub 3" folder etc etc
(personally id rather some one come at me with a 7" bowie knife than a hand axe as it will do far more damage)

ATB

Duncan
 

Prawnster

Full Member
Jun 24, 2008
806
0
St. Helens
are you saying that you cannot go camping without the need to process large wood into small wood?

No I'm saying that processing large wood into small wood whilst camping is good enough reason to carry a knife for that task.

Are you saying that all cutting activities associated with wild camping and bushcraft can and should be carried out with a non locking knife with a 3 inch blade or a saw?

The lads here got themselves in trouble with the law because they went and made a bit of a nuisance of themselves and someone called it in. There's not much more to it.


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