Offensive Weapon Law
As you progress through your training you may be required to use weapons in your training. These may vary from knives and sticks to traditional swords. But what is the UK law regarding such weapons and how does it apply to you?
Please read the disclaimer at the end of this article.
Weapons and kung fu practice
Traditionally kung fu has always featured practice involving weapons of one kind or another. In Lau Gar by the time you reach yellow sash you will have started to learn the basics of defending yourself against knife attacks. This will be followed by stick defence and by the time you reach black belt you will be using the Dan Dao (the Chinese broad sword). Other weapons follow such as the Chinese butterfly knives (not to be confused with the Filipino Balisong knife which is also referred to as a butterfly knife), the spear and the tiger fork.
The Chinese 'butterfly' knife
What this means is that at some time or another you will have to carry weapons to and from your training sessions. It is important therefore to have some basic knowledge about the law.
Weapons in public places
As with all law there is more than one statute that is relevant to offensive weapons. Let's start with the first basic one; that of weapons in public places.
Section 1(1) of the Prevention of Crime Act 1953 states:
"Any person who without lawful authority or reasonable excuse, the proof whereof shall lie with him, has with him in any public place any offensive weapon shall be guilty of an offence..." [1]
Offensive weapons are defined by section 1 (3) of the act as:
"...any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him [or by some other person]." [1]
So a weapon is either:
- Any article made or adapted for causing injury
- Or other articles intended to be used for such purposes [2]
In general we, as martial artists, are going to be using weapons which could be said to be made for causing injury (such as swords) so we must be ultra-cautious about what we do.
You might think that as a member of a martial art club you have 'lawful authority or reasonable excuse' to possess them. However, it is entirely down to the individual to prove that he had such authority or excuse and it is by no means clear that being a member of a kung fu club entitles you to carry anything.
Indeed, you don't actually have to be carrying the weapon in question for this offence to be complete. So long as you have some close physical link with it and it is readily accessible to you that's enough. This would appear to include having it in the car with you or in your bag. [3]
Be careful about the meaning of 'public place' also. You might think that because you are in a 'private' club training hall that the offence wouldn't apply. In fact a public place can include a highway or any place to which the public has access, whether on payment or otherwise.
Bladed or sharply pointed articles
Section 139 of the Criminal Justice Act 1988 makes it an offence for a person to have an article which has a blade or which is sharply pointed in a public place [2] [4]. Folding pocket knives are exempt providing the cutting edge of the blade does not exceed 3". But note that if the knife can be locked open so that it can only be closed by pressing a button is not considered a folding knife under the act. [5]
Section 139, subsections (4) and (5) of the act state that is shall be a defence to show that the person had good reason or lawful authority for having it, or that he had it with him for use a work, for religious reasons or as part of a national costume.
As mentioned previously knife defence is practiced from yellow sash onwards. As such you may want to bring a knife to the club to practice with. I avoid any possibility of committing this offence by using wooden replica knives. If you think you need to work with the real thing bear this offence in mind and consider your actions carefully.
Senior Lau Gar students practicing knife defence
Flick knives and gravity knives
The Restriction of Offensive Weapons Acts 1959 makes it an offence for any person to manufacture, sell, hire, offer for sale or hire, or to expose or to have in his possession for the purpose of sale or hire, or to lend or give to another person a flick knife or gravity knife. [6]
Flick knives open automatically by hand pressure applied to a button, spring or some other device. A gravity knife uses the force of gravity or centrifugal force to extend the blade which then locks into place.
Do not bring to or use any of these weapons at the Stafford Lau Gar Kung Fu club.
The sale etc. of certain restricted weapons
Section 41 of the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 makes it an offence to manufacture, sell or hire or offer for sale or hire, or expose or have in possession for the purpose of sale or hire or lend or give to any person any of the following weapons [7]:
- Balisong or butterfly knife
- Knuckleduster
- Telescopic truncheon
- Push dagger
- Shuriken, shaken, or death star
- Handclaw
- Footclaw
- Manrikgusari or kusari (rope, cord, wire or chain fastened at each end to a hard weight or hand grip)
- Swordstick
- Hollow kubotan (cylindrical container containing a number of sharp spikes)
- Blowpipe or blowgun
- Kusari gama (rope, cord, wire or chain fastened at one end to a sickle)
- Kyoketsu shoge (rope, cord, wire or chain fastened at one end to a hooked knife)
- Belt buckle knife
I think it is a matter of common sense to see that all of these weapons are probably offensive weapons under the Prevention of Crime Act 1953. If you are found by the police in possession of one of these I wouldn't be at all surprised to find them taking a very dim view of your conduct.
Do not bring to or use any of these weapons at the Stafford Lau Gar Kung Fu club.
A Balisong knife - not for use at the Stafford club
Knives intended for combat
A recent act, 'The Knives Act (1997)', was introduced with the intention on clamping down on the sale of knives intended for combat. The offences created by this act relate to the marketing of knives by indicating or suggesting that they are suitable for combat or by the provision of any other material which makes a similar suggestion.
Conclusion
This has been by no means an exhaustive examination of all the offences that are relevant to the carrying of weapons. There are undoubtedly more (e.g. 'Going Equipped to Steal' or offences relating to the sale or manufacture of weapons).
None of the information contained in this article is intended to scare you off your kung fu practice but rather it is intended to make you better informed and aware of your responsibilities. We don't want anyone getting into unnecessary trouble and as responsible martial artists we want to stay on the right side of the law! Be responsible and use your common sense. If you are concerned do some research or get some professional advice.
References
1. p.22, 'Criminal Law Statutes - 3rd Edition', I H Dennis, ISBN 0 421 533706
2. p.184, 'Beat Officers Companion - 5th Edition', G Wilson, ISBN 0 85164 0656 0
3. pp.746-747, 'Butterworths Police Law - 4th Edition', J English et al, ISBN 0 406 02436 7
4. pp.146-147, 'Criminal Law Statutes - 3rd Edition', I H Dennis, ISBN 0 421 533706
5. p.748, 'Butterworths Police Law - 4th Edition', J English et al, ISBN 0 406 02436 7
6. p.748-749, 'Butterworths Police Law - 4th Edition', J English et al, ISBN 0 406 02436 7
7. p.185, 'Beat Officers Companion - 5th Edition', G Wilson, ISBN 0 85164 0656 0
8. http://www.hmso.gov.uk/acts/acts1997/1997021.htm
Disclaimer
It is important to point out that I am not in anyway legally qualified. I have however tried to obtain the information from reputable sources and it as accurate as I have been able to make it (please see the references section). None the less do not regard anything stated in this article as a legal opinion.
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