News
As from Sunday the 1st of January 2006 the police now have the power to arrest anybody they suspect of having committed any offence no matter how great or small. Anybody arrested by the police must get legal advice and representation to make sure their rights are protected and to make sure you do not get a criminal record.
The police have the power to take your fingerprints, photographs and keep them on a police database. They also have the power to take your DNA which may be subject to a speculative search against the police national computer to see if you have been involved in any other crime in the UK. They have the power to keep them even if you are not charged with an offence or even if you are found not guilty/acquitted of an offence at court. This could affect your future if you try to get a job or if you have to leave the country; so exercise the only real right you have if you get arrested, that is to contact Malcolm & Co. and this is FREE OF CHARGE
Offensive Weapons
S.1 of the Prevention of Crime Act 1953 states that if a person is caught in possession of a knife in a public place, without lawful authority or excuse, then that person will be prosecuted.
An offensive weapon is defined as any article made or adapted for use to cause injury to the person, or intended b
y the person having it with him for such use. Generally, if the knife has a blade of three inches or more, then you will be charged with possession of an offensive weapon, but note that if you are found to be in possession of a flick-knife, lock-knife or penknife with a blade less than three inches long, you may still be charged with possessing an offensive weapon, due to the nature of the article.
The offence of having an offensive weapon carries a maximum sentence of four years imprisonment if tried in the Crown Court. If tried in the Magistrates Court, the maximum sentence is six months imprisonment.
S.139 of the Criminal Justice Act 1988, prohibits the possession in a public place any article which has a blade or is sharply pointed. This applies to articles where the cutting edge of the blade does not exceed 3 inches. The maximum sentence for possessing a bladed article is two years imprisonment if tried in the Crown Court and six months if tried in the Magistrates Court.
Both types of offences mentioned under s.1 and s.139 are triable either way, which means that they can be tried in either the Magistrates Court or the Crown Court. The general defenses to having an offensive weapon and bladed article are lawful authority or reasonable excuse. “Saying that you forgot you had it, or that you were carrying it for your protection are not accepted by the court as defenses!!”
These could affect your future if you try to get a job or if you have to leave the country; so exercise the only real right you have if you getarrested, that is to contact Malcolm & Co. and this is FREE OF CHARGE.
