Picture posting is enabled for all :)
Quote from: Nigel B on August 05, 2011, 17:31:27Interesting 'discussion'.Are Allotments Public Places?I say No! Absolutely not. I also say (but the police seem to differ) that carrying my gardening 'penknife', in fact a small lock-knife with a 2" (50mm) blade, is not an illegal act. Nor is using it to cut string, etc.At our Allotments we have to pass through 4 sets of gates before entering the Allotments themselves and pay for, not only our rents and water bill, but also for the key that lets us gain access!Still, the charge-sheet reads, 'possession of a knife with a lockable-blade in a public place.....' (Not 'With Intent', I might add.)We'll see, I suppose. At public expense too. :-What a load of c**p! It might be an idea to start a separate thread for this Nigel as it's a serious issue for very many allotmenteers, but to offer a brief suggestion: I'm guessing from what you've said that you've been charged under S.139 of the Criminal Justice Act 1998 with having a blade with you in a public place?Whether your allotment is a "public place" within the meaning of the act depends on whether the public are permitted access to it and that's something the jury would decide on the facts, but if the site wasn't open to uninvited visitors when you had the knife on you and it's fenced and gated then no, that's not a "public place".Of course if you've carried the knife through a public place to get to the allotment then there's the problem.However, you have a defence if you can prove on the balance of probability that you had the knife for a good reason, such as if you had some string on you and you were obviously on your way to the allotment to tie up your dahlias.You've got legal representation, right? They haven't started court action, right?
Interesting 'discussion'.Are Allotments Public Places?I say No! Absolutely not. I also say (but the police seem to differ) that carrying my gardening 'penknife', in fact a small lock-knife with a 2" (50mm) blade, is not an illegal act. Nor is using it to cut string, etc.At our Allotments we have to pass through 4 sets of gates before entering the Allotments themselves and pay for, not only our rents and water bill, but also for the key that lets us gain access!Still, the charge-sheet reads, 'possession of a knife with a lockable-blade in a public place.....' (Not 'With Intent', I might add.)We'll see, I suppose. At public expense too. :-What a load of c**p!
(7) In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
surely it's a 3 inch blade or above, with intent, without good reason etc anyway...............
139 Offence of having article with blade or point in public place.(1)Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.(2)Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.(3)This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.(4)It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.(5)Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—(a)for use at work;(b)for religious reasons; or(c)as part of any national costume.(6)A person guilty of an offence under subsection (1) above shall be liable-[F1(a)on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;(b)on conviction on indictment, to imprisonment for a term not exceeding [F2four] years, or a fine, or both.](7)In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.(8)This section shall not have effect in relation to anything done before it comes into force.
I meant 3in folding. Matey said his was 2in........If he was stopped outside the allotment then whether it's public place is ommaterial. If he was stopped inside, then i struggle to take it seriously
I raised this a while ago & thought we concluded that as long as it's a fixed blade & the blade is less than 3 inches long, you're okay - my main concern was getting there & back, not being there with it. The police aren't there to use their common sense - they have targets to meet.
Man, I hate this - thought I'd understood it last time - when it says in your quote, "(3)This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.", I took it to mean a folding knife is wrong. You're saying a fixed knife is wrong?
I have carried a folding Swiss Army knife in my handbag for years..is that not legal in ther UK?XX Jeannine