Is it illegal to own a machete?

[spacechimp]

http://news.bbc.co.uk/1/hi/scotland/glasgow_an d_west/8226778.stm
What exactly was this man's crime?

[Gromit]

It is not illegal to own a machete, but it is illegal to have it in a public place.

[Rollo]

It does not say where he was brandishing the machete.

It is certainly illegal to be havei a machete on public property - like outside on the street. It is an offensive weapon.

On the other hand, I do not think it is illegal to have it and brandish it inside your own home, unless you are threating somebody with it at the time of course.

[spacechimp]

Does a picture on Bebo count as a public place?

Also, how is one meant to take knives from the supermarket if it's illegal to have one in a public place?

[barry1010]

He admitting carrying it, so I assume it was in a public place.

[spacechimp]

take knives -home-*

[barry1010]

spacechimp, it is legal to buy a knife if you are old enough and carry it home. You would of course have it as it was sold, in its packaging, out of sight in a bag and have the receipt.
The law is very clear on this.

[Rollo]

"Also, how is one meant to take knives from the supermarket if it's illegal to have one in a public place?"

You take them home in their packaging and wrapped up.

[ChuckFickens]

face it, he is 18, has a previous conviction for knife crime and was in possession of a machete.

I think it's pretty clear to all that he would not have had a machete just in case he stumbled across some wild jungle (unlikely even in Glasgow!)

lock him up and don't give him a soap on a rope!

[B00]

Why would anyone, who's not in any kind of profession that requires one, want a machette anyway?

I'm with Chuck on this one.

[BertiWooster]

Would for example , your front garden be classed as
a ' public place' ?

[jake-the-peg]

It's not illegal to own a chain-saw

If you bring one into a nightclub however you're going to be arrested!

Even in Scotland!

It's all about context

[Rollo]

You can use a machete to chop down the jungle growing in youfr garden. Note your garden.

[barry1010]

You can carry a machete to chop down undergrowth in somebody else's garden, as long as you go straight there and back and have the machete concealed.

[spacechimp]

Yes, I fully understand that in all likelihood this chap is not somebody I would like to meet in a dark alley. I imagine that he did not have benign intentions.

But what if all of my knives are in the dishwasher, and I go next door to ask to borrow a knife. Must I vacuum seal it in plastic and obtain a receipt before I carry it home?

What if I am feeling environmentally friendly at the supermarket, and I opt not to take a carrier bag, as the knife is my only item of shopping?

How about if I buy a scythe at the garden centre, and on the way home, there are brambles hanging down over the public footpath. Would I be allowed to hack them down?

I appreciate that it's all about context, but I want to know how far the law has gone in criminalizing innocuous behaviour.

[Rollo]

Yes, of course.

It all depends on the context.

If you have a good legal reason for being in possession of it you should be OK.

[Rollo]

You have to act reasonably.

[spacechimp]

So the onus is on the accused to demonstrate his innocence when it comes to offensive weapons? Criminal intent doesn't need to be established by the authorities?

[BertiWooster]

The reason I asked the question is that i've seen someone using a machete in their front garden - and it wasn't a jungle , so to speak .

He was standing on the pavement working on his garden , just over the front wall .
Would he be then classed as being in a public place , given that he was standing on the pavement ?

[Gromit]

spacechimp

The law says:

"It is an offence for any person, without lawful authority or good reason, to have with him in a public place, any article which has a blade or is sharply pointed except for a folding pocket-knife which has a cutting edge to its blade not exceeding 3 inches." [CJA 1988 section 139(1)]

The phrase "good reason" is intended to allow for "common sense" possession of knives, so that it is legal to carry a knife if there is a bona fide reason to do so.

Borrowing cutlery from next door or transporting it home from a supermarket where you legally bought it is "good reason".

I cannot think of a 'good reason" for waving a machete about.

[MimeMaster]

Probably watched this film before drinking 3 litres of cider and then taking a picture of himself acting the bigman....

http://www.youtube.com/watch?vW8cCzltPD6Y

Machete