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Carrying Weapons to and from classes

 

Carrying of Weapons

All weapons we use can be regarded as offensive weapons and an offence can be committed by having any in a public place. The advice given here is applicable to all weapons and particularly to those that are made of metal: -

- You should carry weapons in closed, secure bag at all times so they are not readily usable. The weapons should not be directly (clearly) visible and the bag should not be left unattended.

- Weapons should only be carried directly to and from a practise and not left unattended. In the home bladed weapons should be secured and made less accessible - particularly from children.

- Travelling on public transport should be avoided if possible. Where this is unavoidable adding a locking device is advised to eliminate immediate access to the weapons especially if bladed, whether sharp or not.

- You must carry your membership book with proof of current insurance.

If you are stopped by the Police every possible assistance and co-operation should be given whilst being polite and reasonable. You should explain if asked, what you are carrying and the reason why.

In most cases officers, if they have stopped you, will be satisfied with your proving that you are a responsible “bona-fide” martial artist going to or from a practice as long as your conduct at the time is appropriate. If you are required to open your bag you should suggest, particularly where a metal weapon is being carried, that this is not done in the open and request a more discreet location such as their Police car.

The Regulations and Acts use words as "reasonable excuse", "good reason" and also being able to prove you are a martial artist with public liability insurance. It is felt your demeanour and attitude is the most important factor when stopped and provided the advice is followed and a complete explanation is given when questioned - there should be no problems.


The law regarding the carrying of weapons in a public place is contained in Section 1 of the Prevention of Crime Act 1953 & Section 139 of the Criminal Justice Act 1988.

Offensive Weapon in Public Place

Section 1 of the Prevention of Crime Act 1953 states :

- Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.

Offensive weapon in this case means 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.


Article with blade or point in Public Place

Section 139 of the Criminal Justice Act 1988 states:-

- Any person who has an article to which this section applies with him in a public place shall be guilty of an offence. 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. Additionally it shall be a defence for a person charged under this section to prove that he had the article with him a) use at work; b) for religious reasons or; c) as part of any national costume.


Swords - Sells, lends or gives or has in their possession

Criminal Justice Act 1988 (Offensive Weapons) Order 2008 (2008 SI No 973) :

Specifies descriptions of weapons to which Section 141 applies since the 2008 order added swords to the specified list. The order provides certain defences and makes provision for the standard of proof...... this covers permitted activity for which public liability insurance is held for the activity ie use of swords in the 'sporting activity'

 

The above extracts are not word for word, and case law expands the provisions with very precise meanings.

The words “reasonable excuse” and “good reason” in each of the Sections provides a defence for Aikidoists. However, in carrying such weapons, the Aikidoist demeanour is the most important factor. If the Aikidoist complies with the above advice and offers a complete explanation to the Police, if requested, there should be no problems.