Police Office Abusing his power and position

adouglasmhor

antrobus wrote: »

Well maybe you don't like it. But it's only to try and save people the time and trouble to re-read reams of posts. Since post #63 I've just been making the point that the Restriction of Offensive Weapons Act 1959 does not make the simple possession of a flick knife an offence. You have spent some time trying to argue that was 'wrong' but are now apparently happy to accept the "the buyer will not be in violation of the 1959 act", which is the point I was making all along.



Oh dear, here we go again! S4 of Aviation Security Act 1982 applies to "certain dangerous articles" and makes no distinction between checked and unchecked luggage, it only refers to articles forming part someone's baggage on a flight in an aircraft or in an areodrome. The authrorities appear to regard 'flick knives' as being "dangerous articles" and charge accordingly.

A case in point would be the experience of one Peter Michael Enguita who back in 2007 bought five 'novelty' flick knives come cigarette lighters in Thailand and put one in his hand luggage and four in his suitcase for the flight home. Customs discovered said items in his baggage, and he simply faced two charges of contravening ASA 1982, one for having dangerous articles in his hand luggage and another one for having dangerous articles in his hold luggage.

That's really the original point I was making regarding the importation of flick knives when travelling by air; if caught you're far more likely to be charged under the Aviation Security Act than anything else. That sort of thing happens from time to time, as it seems that some countries you can buy various novelty items featuring flick knives, and tourists sometimes pick these up as souvenirs only to be nabbed byCustoms when they return to the UK.

The one in his carry on luggage was for the flick knife and the four in the hold were for the lighters (or more correctly the fuel in them).

adouglasmhor

My sgian dubh has traveled several times in the hold luggage, in my sporran. I know my luggage was opened and it was checked once going to Ireland because it was put back in the sheath the wrong way round.

I am pretty sure I would not be allowed it in my hand luggage though.

antrobus

goater78 wrote: »

Now you're just making stuff up! ...

No, I'm just pointing out that if you import flick knives into the UK by air then you run the risk of being charged under the Aviation Security Act which makes it an offence to have "dangerous articles" in your baggage.

antrobus

For the avoidance of doubt, the legal position of flick knives in England and Wales appears to be as follows:-

Under the Restriction of Offensive Weapons Act 1959 it is an offence

- to manufacture, sell, hire or offer one for sale or hire,
- to have one in your possession for the purpose of sale or hire, or
- to lend or give one to any other person.

It is not however an offence to simply have one in your possession, or to buy one, or to accept one as a gift from any other person. (Although of course the other person who sold or gave you a flick knife might well have committed an offence in so doing, and should the circumstances arise, you might have to answer some questions regarding how it came into your possession.)

Neither is it an offence to import one, as whilst the Restriction of Offensive Weapons Act 1959 prohibits the "importation of any such knife", it doesn't make it an offence. However, where you to attempt to import a flick knife it would be seized on discovery by Customs (since importation is prohibited), whilst if you were in possession of more than one, this might be seen as possession for the purpose of sale, which is a criminal offence. What's more if you are travelling by air, you run the big risk of being charged with an offence under the Aviation Security Act 1982, as the authorities appear to regard flick knives as being "dangerous articles" in accordance with s4 of that Act.

Anyone found carrying a flick knife around on their person outside their home is very likely to face charges either under s1 of the Prevention of Crime Act 1953 (which makes it an offence to have an "offensive weapon" in "any public place" unless you have "lawful authority or reasonable excuse") or s139 of the Criminal Justice Act 1988 (which makes it an offence to have an "article with blade or point in public place" unless you have "good reason or lawful authority" or can avail yourself of any of the other specified defences).

I'm not sure why there are two acts on the statute book that say much the same thing; it's possible that the CJA 1988 defintion of an 'article with blade or point' includes items that might not be considered an 'offensive weapon' under the PCA 1953, however it's more or less certain that a flick knife would qualify under at least one of those defintions, leaving you to struggle to find a 'good reason' or 'reasonable excuse' for having one on your person.

Not that any of this is of any relevance to the OP, since it has been stated that all the knives in question were "legal knives". But there you go.