Caught up in Knife Mania - ? Is it Justice ?

[light186282]

Hi all,
i was questioned by the police in relation to shop lifting which did not amount to anything. However at the same time they asked to search my car which they did. In the car in a plastic box I had a 5" kitchen knife which I used some time back to cuts cord when I went to B&Q and the items required the boot to be partly open and I tied the boot down to the bumper. The knife was wrapped up in a rag, and to be honest I had forgotten it was in there. I have to go to court now because CONTRARY to Section 139(1) AND (6) of the Crim Justice Act 1988. "You had with you, without good reason or lawful authority, in a public place an article which had a blade or was sharply pointed, namely a kitchen knife in a sheath with a 5 inch blade - it got in the car following a trip to B&Q, and I used it to cut cord to tie the boot down. It was not on me it was in the boot of my locked car in the shopping car park. Any ideas ? Technically I am guilty, - Is it just best to say this at the Magistrates court and hope and plead mitigating circumstances ?

[voltr4m4x]

Yes, the police are absolutely correct in this case.

The onus of proof is entirely upon yourself as to why you were in possession of the knife in a place to which the public have access without payment or otherwise, in this case the "street".

[mattie]

If your description of how the knife came to be in your car is true (and I am not suggesting you have made it up) then hopefully the courts will see sense.

However, it would be interesting to know how the Police would have reacted if you had some scissors instead, as IMO they are more dangerous than a knife.

I know how you feel, as I used to work in a hotel and was walking home at about midnight carrying part of my hotel uniform in a carrier bag along with a "waiter's friend" - small knife/bottle opener/cork screw. The knife is used for cutting the foil of wine bottles and has a one and a half inch blade.

Police stopped me, looked in the bag and asked me why I was carrying a knife.
They let me go when I explained what it was for, but they might not have.

[jake-the-peg]

Without passing comment on your case it is interesting to reflect that there are those on this board and in a particular political party who would like to see this offence have a mandatory prison sentence of several years

[kempie]

Provided the knife blade of Zac's multitool is less than 3" in length (and why on earth would it be necessary for the blade to be longer than this?) then it does not automatically fall foul of the law.

Does this make the law an ass?

[voltr4m4x]

I think we might be getting a bit confused here.

The questioner (light 186282) has to answer a charge of being in possesion of an article (in this case a knife with a 5" blade) in a public place without lawful authority or reasonable excuse. If the questioner can prove (and the onus of proof lies with him/her) that the knife was for use as part of his/her trade or profession then he/she is not guilty of an offence. This particular law itself has nothing to do with politics. It was not introduced in response to the current wave of violence that has been taking place. It is in fact an extension of the law governing flick-knives that was introduced in 1953 in response to the criminal activities of Teddy-Boys.

[Ethel]

You have posted this question before:

http://www.theanswerbank.co.uk/Law/Question601 298.html

In view of the fact that a worker was found guilty and had a hefty fine for having a knife which was the tool of his trade in his works' van on a rest day, I suggest you plead guilty.

[NORMANTHEDOG]

reading your post,you say the knife was in a sheath,im pretty sure kitchen knifes do not come in sheaths,when taken from your ktchen to b & q to cut some cord,wrapped around a rag,did you think we and the court will miss that.

[light186282]

Hi, the knife was wrapped in a rag and shoved in an old kids umbrella cover (purple with silver spots), just to keep it safe in the tool box. Any one shoving their hands in the tool box to get the torch etc might have cut themselves. Sheaths are always to protect Knifes. At the end of the day people kill - not knifes. A determined killer could use the wheel wrench which all cars have. I think its all about easy statistics, the vast majority of people don't plan to kill or use a knife against another human. But those people, as you see in prison movies will make any kind of weapon.

[jake-the-peg]

Grenades don't kill people. People kill not people

I don't think we want everybody running around with them though do we?

I don't think you should muddy the waters with that argument..

I'd get proper legal advice if I were you. I find it hard to believe that wrapped up in a container in a tool box in a car can really be considerred as "in public".

But that's an argument that you need to get a professional to make on your behalf because if you get up and say "the law's an ass, knives don't kill people..." I don't think you'll get a very sympathetic hearing

[Info Bank]

Just read this post and remembered that i have a very large Axe and Chainsaw In the boot of my car as i was removing some Connifers from my friends garden at the weekend.

If I was stoped by the cops ?????

Honest officer the red stuff dripping of the chainsaw is 2 Stroke oil.

Now out of the car and In the shed.

Thanks for reminding me.

[Ice.Maiden]

Funnily enough, there's an axe in the boot of my car as well. Took it to be sharpened ages ago, and just forgot about it. Oh well...if I have an axe to grind.....

[Info Bank]

LOL....Love It Ice.Maden..... Explaine It to Mr Plod.
Axe in boot = Killer

Just been down to B&Q and bought some fertiliser Batteries and other stuff......What do you mean BOMB making stuff????.

What an age we now live in.

[sara3]

what was wrong with your last thread?

just like to add.. what a cool idea to hide a knife in a kiddies umbrella, and "forget" about it. just as well the police found it before one of your kids did!

dear oh dear...