A WITCH'S ATHAME
The law, where we stand, and what to do if we fall foul of it
On May 9th of this year (2006) an Arch Druidess and Pagan Priestess was arrested for possession of a Bladed weapon (her Athame) in a public place, that case is ongoing…
What though does this mean for the wider Pagan community, and for the myriad of other non Pagan organisations that use Ritual tools, such as Freemasons and Orange Lodges?
We have all got one, or know someone that has. An Athame, a Black or White hilted Knife, a Ritual /Ceremonial Dagger or Sword, in short any Bladed weapon over three inches, Banned under British Law, (and yes that includes your kitchen knives and letter openers) But what exactly is the law and how does it affect the Pagan community? Let’s first look at the relevant law...
The Home Office announces a knife amnesty in June 2006: (partial quote relating to relevant law):
"The knives amnesty will run in England, Scotland and Wales from 24 May to 30 June 2006 inclusive. It is being run jointly in England and Wales by ACPO and the Home Office. A similar amnesty will be held in Scotland run by ACPOS and the Scottish Executive. Advertising and publicity materials promoting the amnesty will be distributed in advance of the start date."
Current legislation relating to knives: The Prevention of Crime Act 1953 prohibits the carrying of any offensive weapon in a public place without lawful authority or reasonable excuse. A public place includes private premises to which the public have access. An offensive weapon is defined as any article made or adapted for use for causing injury to the person, or intended by the person for such use. Maximum penalty: six months imprisonment and/or £5000 fine.
The Restriction of Offensive Weapons Act 1959 prohibited the manufacture, sale, hire or offer for sale or hire, and importation of flick knives and gravity knives. Maximum penalty: six months imprisonment and/or £5000 fine.
The Criminal Justice Act (CJA) 1988 created an offence of having an article with a blade or point in a public place without good reason or lawful excuse. An exemption applies to folding pocket knives with a blade of less than three inches. Maximum penalty: up to two years imprisonment. CJA 1988 also created a similar offence of having a knife or article with blade on school premises. Maximum penalty: up to four years imprisonment.
CJA 1988 also prohibited the manufacture, sale, hire, offer for sale or hire of a range of weapons specified in the Criminal Justice Act (Offensive Weapons) Order 1988. These are mainly items designed to cause serious injury, for example knuckle-dusters, handclaws and certain martial arts equipment, or those which can be easily concealed, including swordsticks. Maximum penalty: six months imprisonment and/or £5000 fine. Offensive Weapons Act 1996 amended the 1988 Act to prohibit the sale of knives and certain articles with a blade or point to persons under the age of 16. Maximum penalty: six months imprisonment and/or £5000 fine.
Knives Act 1997 created offences relating to the unlawful marketing of knives as suitable for combat, or in ways likely to stimulate or encourage violent behaviour. It also extended the power to stop and search in anticipation of violence contained in the Criminal Justice and Public Order Act 1994. Maximum penalty: six months imprisonment and/or £5000 fine.
Section 60 of the Criminal Justice and Public Order Act 1994, as amended by the Knives Act 1997, contains a power under which an officer of inspector rank or above could, in certain circumstances, authorise police officers within a given area to stop and search for offensive weapons.
Provisions relating to knives in the Violent Crime Reduction Bill [see Home Office press notice 088/05] propose to: - raise the minimum age at which a young person can buy knife from 16 to 18.
Weighty stuff, but how does it affect you carrying your Ritual or Ceremonial Tools and what is Lawful Authority or reasonable excuse?
Well let’s see: In brief any ‘Bladed weapon’ three inches or over is banned under British law. There are however three defences permissible for reasonable excuse or lawful permission (Section 1 of the Prevention of Crime Act 1953):
(1) Tools of the trade.
(2) Religious obligation
(3) National costume
All are open to interpretation and all may be viewed with the intent for which they are carried and seen in context alongside any other tools and /or other accompaniment, such as is specific to its use. (Ceremonial robes for instance). As in the case of the Sikh, using defence (2) where all five ‘K’s’ must be present.
Let us look at the law and the possible defence and see what may constitute lawful authority or reasonable excuse…
For instance, under (1), whilst a chef may be in possession of his kitchen knives or a surgeon his scalpels travelling to and from his place of work, were he or she to be found with them at a football match or a political demonstration the courts may indeed take a different view.
Equally under (3), without the complete national costume a Scot may not simply stick a knife in his sock and call it part of his national dress.
Under (2) A Druid Swordbearer, or for that matter any Swordbearer, Masonic or Orange Lodge must show the court that he or she was (reasonable excuse) going to or from a ceremony at which they where carrying out such functions as necessitated the bearing of said sword.. Ritual and Ceremonial daggers likewise must show reasonable excuse.
You can not simply say, "It's a ritual dagger and I use it in ritual." or "It's a ceremonial sword and I use it in ceremony" as (2) a religious defence,. The courts will ask, rightly in my opinion, so why did you have it with you at this time and in this particular place?
Her Majesty Queen Elizabeth II has lawful authority for her Swords, as do the officers in Her Forces. And indeed when given the freedom of a borough her regiments may march with fixed bayonets.
Other 'weapons' that fall into this category are Black-rod's mace and those traditionally used by town councils, Universities and other 'official bodies'
In practice, if arrested for a Bladed weapon in a public place the first thing the Police will usually do if there is no question of improper use is to ask you to sign a disclaimer so that the ‘Banned weapon’ may be destroyed. On rare occasions (as has happened to me in the past) the custody sergeant may simply say “Charge refused” and it will go no further. They may at this stage also offer you what is termed an Adult Caution and possibly tell you that this will be an end to it. Should you accept a Caution however it WILL go on your record and the acceptance of any such Caution should be viewed as an admission of guilt.
Assuming that you have not committed any other offence that involves the Tool you can at this stage refuse both to sign the disclaimer and to accept the Caution.
It is then up to the CPS (Crown Prosecution Service) as to whether it proceeds to trial.
The next stage is usually and in the first instance the Magistrates court. Even at this stage the Magistrate may, hearing your evidence, ‘throw it out’ with a ruling that there is “ No case to answer”. Assuming it goes ahead you may then elect to be heard in that court or take it to a higher (Crown) court.
Assuming it goes to Crown the Judge likewise may throw it out even before any jury is sworn in with a ruling ‘That it is not in the public interests to proceed with such a case”
At any time in this process the CPS may either drop the case or having got you to court ‘Offer no evidence’ thereby leaving the Magistrate/s or Judge no option other than to dismiss the case and bring an end to the proceedings.
The whole process can take months before a verdict is given with numerous trips to and from police stations, solicitors and courts and more often than not the arresting officer will use this as an incentive for you to either sign a disclaimer of accept a Caution. Well I caution you here, if you value your Magical Tool - don’t disclaim it. And if you truly believe that you have done nothing wrong - Do Not accept a Caution.
If you would like to know more about possible defence see the Witness Statement (prepared by Prof. Ronald Hutton).
With the aid of Ronald’s witness statement I was reunited with both my dagger and Sword, having been charged on two counts of ‘Bladed Weapon’, despite the fact that I had on my person at the time of arrest several permissions in letter form from several of our constabularies. Under British law it is up to the arresting officer alone to determine whether an offence has been committed or not. On the plus side this means that a senior officer may not order one of a junior rank to make a specific arrest. On the negative, it means that each case is viewed separately and solely in the opinion of the officer concerned. In practice this means for me that on political demonstrations or protest actions it is a good way for the police to take me out of the picture even if at the end of the day they cannot secure a conviction.
In conclusion, therefore, should you need to carry a Ritual Tool with you, I would advise you to make sure that you can show that you are en route to/from a ceremony, and that the tool was needed at that ceremony. Ensure that the blade is sheathed and locked away where possible and that other accoutrements of your faith pertaining to ceremonial accompany it (robes/wands/incense/rites etc). Should you be arrested, do not sign a disclaimer or accept a Caution and do not allow the Police at interview to refer to your ceremonial blade as an ‘offensive weapon’. If they do so, correct them each time. Remember, an offensive weapon by definition is ...." 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” (Section 1(4) of the 1953 Act), and none of us want our ritual implements so described
For my part I have used these arguments successfully in the courts on both my own behalf and that of others in the capacity of ‘McKenzie Friend’ a legal term for a lay adviser. When brought before a Court to give evidence I will swear upon my sword rather than their book, a precedent I set in The Royal Courts of Justice, so you see, faced with such arguments and Truths, Justice can prevail….
To be noted: It should be clear that any interpretations of the law are mine and mine alone and that should you fall foul of it you are strongly advised to seek legal advice from a professional solicitor. It is also worth noting that if arrested you have not only the right to have a solicitor present when charged but to await his/her arrival and advice before giving any statement.
© 2006 Arthur Pendragon Battle Chieftain and Swordbearer Council of British Druid Orders
On May 9th of this year (2006) an Arch Druidess and Pagan Priestess was arrested for possession of a Bladed weapon (her Athame) in a public place, that case is ongoing…
What though does this mean for the wider Pagan community, and for the myriad of other non Pagan organisations that use Ritual tools, such as Freemasons and Orange Lodges?
We have all got one, or know someone that has. An Athame, a Black or White hilted Knife, a Ritual /Ceremonial Dagger or Sword, in short any Bladed weapon over three inches, Banned under British Law, (and yes that includes your kitchen knives and letter openers) But what exactly is the law and how does it affect the Pagan community? Let’s first look at the relevant law...
The Home Office announces a knife amnesty in June 2006: (partial quote relating to relevant law):
"The knives amnesty will run in England, Scotland and Wales from 24 May to 30 June 2006 inclusive. It is being run jointly in England and Wales by ACPO and the Home Office. A similar amnesty will be held in Scotland run by ACPOS and the Scottish Executive. Advertising and publicity materials promoting the amnesty will be distributed in advance of the start date."
Current legislation relating to knives: The Prevention of Crime Act 1953 prohibits the carrying of any offensive weapon in a public place without lawful authority or reasonable excuse. A public place includes private premises to which the public have access. An offensive weapon is defined as any article made or adapted for use for causing injury to the person, or intended by the person for such use. Maximum penalty: six months imprisonment and/or £5000 fine.
The Restriction of Offensive Weapons Act 1959 prohibited the manufacture, sale, hire or offer for sale or hire, and importation of flick knives and gravity knives. Maximum penalty: six months imprisonment and/or £5000 fine.
The Criminal Justice Act (CJA) 1988 created an offence of having an article with a blade or point in a public place without good reason or lawful excuse. An exemption applies to folding pocket knives with a blade of less than three inches. Maximum penalty: up to two years imprisonment. CJA 1988 also created a similar offence of having a knife or article with blade on school premises. Maximum penalty: up to four years imprisonment.
CJA 1988 also prohibited the manufacture, sale, hire, offer for sale or hire of a range of weapons specified in the Criminal Justice Act (Offensive Weapons) Order 1988. These are mainly items designed to cause serious injury, for example knuckle-dusters, handclaws and certain martial arts equipment, or those which can be easily concealed, including swordsticks. Maximum penalty: six months imprisonment and/or £5000 fine. Offensive Weapons Act 1996 amended the 1988 Act to prohibit the sale of knives and certain articles with a blade or point to persons under the age of 16. Maximum penalty: six months imprisonment and/or £5000 fine.
Knives Act 1997 created offences relating to the unlawful marketing of knives as suitable for combat, or in ways likely to stimulate or encourage violent behaviour. It also extended the power to stop and search in anticipation of violence contained in the Criminal Justice and Public Order Act 1994. Maximum penalty: six months imprisonment and/or £5000 fine.
Section 60 of the Criminal Justice and Public Order Act 1994, as amended by the Knives Act 1997, contains a power under which an officer of inspector rank or above could, in certain circumstances, authorise police officers within a given area to stop and search for offensive weapons.
Provisions relating to knives in the Violent Crime Reduction Bill [see Home Office press notice 088/05] propose to: - raise the minimum age at which a young person can buy knife from 16 to 18.
Weighty stuff, but how does it affect you carrying your Ritual or Ceremonial Tools and what is Lawful Authority or reasonable excuse?
Well let’s see: In brief any ‘Bladed weapon’ three inches or over is banned under British law. There are however three defences permissible for reasonable excuse or lawful permission (Section 1 of the Prevention of Crime Act 1953):
(1) Tools of the trade.
(2) Religious obligation
(3) National costume
All are open to interpretation and all may be viewed with the intent for which they are carried and seen in context alongside any other tools and /or other accompaniment, such as is specific to its use. (Ceremonial robes for instance). As in the case of the Sikh, using defence (2) where all five ‘K’s’ must be present.
Let us look at the law and the possible defence and see what may constitute lawful authority or reasonable excuse…
For instance, under (1), whilst a chef may be in possession of his kitchen knives or a surgeon his scalpels travelling to and from his place of work, were he or she to be found with them at a football match or a political demonstration the courts may indeed take a different view.
Equally under (3), without the complete national costume a Scot may not simply stick a knife in his sock and call it part of his national dress.
Under (2) A Druid Swordbearer, or for that matter any Swordbearer, Masonic or Orange Lodge must show the court that he or she was (reasonable excuse) going to or from a ceremony at which they where carrying out such functions as necessitated the bearing of said sword.. Ritual and Ceremonial daggers likewise must show reasonable excuse.
You can not simply say, "It's a ritual dagger and I use it in ritual." or "It's a ceremonial sword and I use it in ceremony" as (2) a religious defence,. The courts will ask, rightly in my opinion, so why did you have it with you at this time and in this particular place?
Her Majesty Queen Elizabeth II has lawful authority for her Swords, as do the officers in Her Forces. And indeed when given the freedom of a borough her regiments may march with fixed bayonets.
Other 'weapons' that fall into this category are Black-rod's mace and those traditionally used by town councils, Universities and other 'official bodies'
In practice, if arrested for a Bladed weapon in a public place the first thing the Police will usually do if there is no question of improper use is to ask you to sign a disclaimer so that the ‘Banned weapon’ may be destroyed. On rare occasions (as has happened to me in the past) the custody sergeant may simply say “Charge refused” and it will go no further. They may at this stage also offer you what is termed an Adult Caution and possibly tell you that this will be an end to it. Should you accept a Caution however it WILL go on your record and the acceptance of any such Caution should be viewed as an admission of guilt.
Assuming that you have not committed any other offence that involves the Tool you can at this stage refuse both to sign the disclaimer and to accept the Caution.
It is then up to the CPS (Crown Prosecution Service) as to whether it proceeds to trial.
The next stage is usually and in the first instance the Magistrates court. Even at this stage the Magistrate may, hearing your evidence, ‘throw it out’ with a ruling that there is “ No case to answer”. Assuming it goes ahead you may then elect to be heard in that court or take it to a higher (Crown) court.
Assuming it goes to Crown the Judge likewise may throw it out even before any jury is sworn in with a ruling ‘That it is not in the public interests to proceed with such a case”
At any time in this process the CPS may either drop the case or having got you to court ‘Offer no evidence’ thereby leaving the Magistrate/s or Judge no option other than to dismiss the case and bring an end to the proceedings.
The whole process can take months before a verdict is given with numerous trips to and from police stations, solicitors and courts and more often than not the arresting officer will use this as an incentive for you to either sign a disclaimer of accept a Caution. Well I caution you here, if you value your Magical Tool - don’t disclaim it. And if you truly believe that you have done nothing wrong - Do Not accept a Caution.
If you would like to know more about possible defence see the Witness Statement (prepared by Prof. Ronald Hutton).
With the aid of Ronald’s witness statement I was reunited with both my dagger and Sword, having been charged on two counts of ‘Bladed Weapon’, despite the fact that I had on my person at the time of arrest several permissions in letter form from several of our constabularies. Under British law it is up to the arresting officer alone to determine whether an offence has been committed or not. On the plus side this means that a senior officer may not order one of a junior rank to make a specific arrest. On the negative, it means that each case is viewed separately and solely in the opinion of the officer concerned. In practice this means for me that on political demonstrations or protest actions it is a good way for the police to take me out of the picture even if at the end of the day they cannot secure a conviction.
In conclusion, therefore, should you need to carry a Ritual Tool with you, I would advise you to make sure that you can show that you are en route to/from a ceremony, and that the tool was needed at that ceremony. Ensure that the blade is sheathed and locked away where possible and that other accoutrements of your faith pertaining to ceremonial accompany it (robes/wands/incense/rites etc). Should you be arrested, do not sign a disclaimer or accept a Caution and do not allow the Police at interview to refer to your ceremonial blade as an ‘offensive weapon’. If they do so, correct them each time. Remember, an offensive weapon by definition is ...." 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” (Section 1(4) of the 1953 Act), and none of us want our ritual implements so described
For my part I have used these arguments successfully in the courts on both my own behalf and that of others in the capacity of ‘McKenzie Friend’ a legal term for a lay adviser. When brought before a Court to give evidence I will swear upon my sword rather than their book, a precedent I set in The Royal Courts of Justice, so you see, faced with such arguments and Truths, Justice can prevail….
To be noted: It should be clear that any interpretations of the law are mine and mine alone and that should you fall foul of it you are strongly advised to seek legal advice from a professional solicitor. It is also worth noting that if arrested you have not only the right to have a solicitor present when charged but to await his/her arrival and advice before giving any statement.
© 2006 Arthur Pendragon Battle Chieftain and Swordbearer Council of British Druid Orders
