Just a question, are all types of batons offensive weapons in scotland, i know they are here but not too sure in scotland.
If there is already a thread on this i apologize, please could somebody direct me to it if there is.
Thanks, Didsterxx
Are batons offensive weapons in scotland?
Started by
Didsterxx
, Jan 04 2008 07:05 PM
91 replies to this topic
#2
Posted 04 January 2008 - 07:27 PM
Yes they are made. Though the offence of possessing an offensive weapon is only complete when in public and without lawful authority or reasonable excuse. Section 48, Criminal Law (Consolidation) (Scotland) Act 1995.
#3
Posted 04 January 2008 - 09:17 PM
Some thread on here says that batons are not offensive weapons in scotland, so if a security officer in scotland had one in his/hers possession they would be committing an offence: Section 48, Criminal Law (Consolidation) (Scotland) Act 1995.
#4
Posted 04 January 2008 - 09:23 PM
Yep. There's not really going to be a lawful excuse, as unfortunately we live in a society where the protectors are less well armed than the criminals.... but that's another topic.Some thread on here says that batons are not offensive weapons in scotland, so if a security officer in scotland had one in his/hers possession they would be committing an offence: Section 48, Criminal Law (Consolidation) (Scotland) Act 1995.
#5
Ed Man
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Posted 06 January 2008 - 09:09 AM
Although if you're a dancer who dresses like a police officer in scotland, then that would be a reasonable exucse.
#6
STRATHCLYDER
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Posted 17 January 2008 - 03:16 PM
Although if you're a dancer who dresses like a police officer in scotland, then that would be a reasonable exucse.
Following that recent fiasco in Grampain! lol
The fact is largely unless the article is part of a ceremonial dress, religous article etc, then it is offensive.
Section 47 Criminal Law Consolidation (Scotland) Act 1995 creates an offence for any person to have in their posession in a PUBLIC place an...... Offensive weapon.
#7
Posted 17 January 2008 - 03:41 PM
Following that recent fiasco in Grampain! lol
The fact is largely unless the article is part of a ceremonial dress, religous article etc, then it is offensive.
Section 47 Criminal Law Consolidation (Scotland) Act 1995 creates an offence for any person to have in their posession in a PUBLIC place an...... Offensive weapon.
It is an offensive weapon if no LA or RE is present. Non-violent reasons for having the weapon like fancy dress do count as RE.
Ceremonial dress/uniform is OK because soldier have LA to carry arms and as for religious articles, that is to enable a Sikh for example a practical means of self defence as well as being a reminder of his obligations to weaker members of society as per his religious law.
#8
mckellarc
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Posted 22 January 2008 - 01:05 PM
An off duty officer would also be charged if he/she was found to be in posession of a baton as they would not have a reasonable excuse for carrying it.
#9
Posted 22 January 2008 - 01:17 PM
Unless of course they are on their way to a fancy dress party, or moonlighting as a stripper.An off duty officer would also be charged if he/she was found to be in posession of a baton as they would not have a reasonable excuse for carrying it.
#10
Queeg
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Posted 22 January 2008 - 03:54 PM
An off duty officer would also be charged if he/she was found to be in posession of a baton as they would not have a reasonable excuse for carrying it.
In most cases yes.
However, off duty cops can have reasonable excuse for carrying. Transferring station or going on a training course spring instantly to mind (mind you, I'd be asking questions if they were found with the baton in their jacket pocket or somewhere similar!)
Or, as said above, partaking in certain night-time entertainments
#11
dlm4473
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Posted 16 February 2009 - 01:09 AM
How would you deal with a situation where the excuse was given - "taking [item] to friends house as i've just sold/given it to him" - while this would provide a reasonable excuse it would also be subject to potentially perpetual abuse ?
#12
Posted 16 February 2009 - 09:45 AM
Thats not a reasonable excuse. Lock them up and let a court decide.
#13
SixteenYearOldBoy
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Posted 22 August 2009 - 07:53 PM
A bit off topic.
I saw a website one day selling batons to the United Kingdom, it was about 2 weeks ago. They are based in Ireland.
The website did say that they could get batons from Ireland to Scotland/England/Wales easily due to no customs between ireland and the rest of the united kingdom.
Should this website be taken off?
I saw a website one day selling batons to the United Kingdom, it was about 2 weeks ago. They are based in Ireland.
The website did say that they could get batons from Ireland to Scotland/England/Wales easily due to no customs between ireland and the rest of the united kingdom.
Should this website be taken off?
#14
Posted 22 August 2009 - 07:56 PM
Post a link to this website,
as no batons should be entering the UK as they are prohibited and classed as offensive weapons!
as no batons should be entering the UK as they are prohibited and classed as offensive weapons!
#15
SixteenYearOldBoy
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Posted 22 August 2009 - 08:02 PM
Post a link to this website,
as no batons should be entering the UK as they are prohibited and classed as offensive weapons!
Just noticed the website is suspended due to illness. I swear the website sold batons.
http://www.protectionaids.co.uk/
If you go to this part of the website is says:
To operate baton flick it with enough force to lock it in place. To retract, hold it upright and tap on a hard surface like the outside step or pavement. Sometime a good sharp tap is needed.
Delviery usually takes about 2 to 4 days and all products are sent out recorded delivery. Postman will leave a card in no one at home. If you do not collect the package from the sorting office and it is returned to us we will charge you 15 euro for administration costs
Guaranteed delivey to all UK addresses or money back. No customs between Ireland and UK.
We are a reputable company that has accounts with protx and are verified by them. If you do not receive your goods we will refund your money. Goods are considered lost if you have not received them after 15 working days.
21 inch batons weigh approx .550 kg
All items are sent out in tough grey unmarked plastic post bags.
Batons can be cleanded with a clean cloth . They are for self defence only and must not be bashed against hard objects
Edited by SixteenYearOldBoy, 22 August 2009 - 08:03 PM.
#16
Posted 23 August 2009 - 10:11 AM
Incidentally, are there any stats available on sgian dubh crime committed in Scotland?
#17
ArcticSpanker
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Posted 24 August 2009 - 01:56 PM
Section 47 Criminal Law Consolidation (Scotland) Act 1995 creates an offence for any person to have in their posession in a PUBLIC place an...... Offensive weapon.
Nail on the head.
As police officers, we have lawful authority.
As members of the public, we don't!
#18
Posted 24 August 2009 - 02:22 PM
Post a link to this website,
as no batons should be entering the UK as they are prohibited and classed as offensive weapons!
In public only though, yes?
#19
Posted 24 August 2009 - 02:31 PM
In public only though, yes?
Yes if they are carried in public, its alright if you keep it at home and don't walk around say tesco with it, but my point was these were banned back in 2004 i think it was? so no batons should be entering the UK anyway!
#20
Posted 24 August 2009 - 03:09 PM
As police officers, we have lawful authority.
But do we? Well okay - clearly we do, and I'm just being a pedantic so and so. However, I've previously tried to locate that authority and failed. It was discussed about 6 months ago on here, but I can't find the topic.
Edit: It was this topic. Not sure how relevant it is to Scottish Law, though.
Edited by Prolixia, 24 August 2009 - 03:16 PM.
#21
SixteenYearOldBoy
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Posted 24 August 2009 - 03:18 PM
A bit off topic.
I read in a local newspaper that an off duty police officer carried his baton in a pub and he later got fired for having it off duty.
I read in a local newspaper that an off duty police officer carried his baton in a pub and he later got fired for having it off duty.
#22
Posted 25 August 2009 - 08:02 AM
A bit off topic.
I read in a local newspaper that an off duty police officer carried his baton in a pub and he later got fired for having it off duty.
About 4 years ago, yes?
And yes, because he was possessing an offensive weapon in public. He had no lawful authority as he was not acting in his role as police officer (from memory, he went home from the pub after being in a spat with someone, got the baton, went back and started whacking some blokes around claiming self defence).
ojm, what are batons banned from being and under what legislation?
#23
SixteenYearOldBoy
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Posted 25 August 2009 - 12:34 PM
About 4 years ago, yes?
And yes, because he was possessing an offensive weapon in public. He had no lawful authority as he was not acting in his role as police officer (from memory, he went home from the pub after being in a spat with someone, got the baton, went back and started whacking some blokes around claiming self defence).
ojm, what are batons banned from being and under what legislation?
Everyone on here is a comedian. No i read it in a newspaper about 2 or 3 weeks ago. and it was nothing to do with a police officer hitting someone with it. He had it in his jacket.
What i would like to know is, who knew he had a baton in his pocket.
Edited by SixteenYearOldBoy, 25 August 2009 - 12:36 PM.
#24
Posted 25 August 2009 - 01:12 PM
SkinSte is referring to a South Wales Police officer who went home grabbed his ASP and then took it back to the pub in Pontardawe.
I have not heard of anything along these lines in a few years since the above was in all the local papers.
I have not heard of anything along these lines in a few years since the above was in all the local papers.
#25
SixteenYearOldBoy
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Posted 25 August 2009 - 01:22 PM
SkinSte is referring to a South Wales Police officer who went home grabbed his ASP and then took it back to the pub in Pontardawe.
I have not heard of anything along these lines in a few years since the above was in all the local papers.
Okay. Well the one i was talking about was somewhere in England.
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