This Explains Why The British Don’t Carry Guns; Apparently It’s Illegal
Just when you thought that Americans had cornered the market on stupid behavior, a story like this comes along to make you do that pointing-fingers-as-guns gesture with a wink and say, “Nice one, England!” 27-year-old Paul Clarke, a former soldier in the British Army, discovered a discarded firearm in his back yard — a sawed-off shotgun with two cartridges to be exact. Thinking he was doing the right thing, he grabbed it and took it in to his local police station, whereupon he was arrested for possession of a firearm, and taken to trial. He currently awaits sentencing, facing a possibility of a minimum of five years in prison.
So, clear signal to all criminals: toss your weapons into other people’s backyards to get rid of them. Not only will you be disposing of evidence, there’s a chance that someone else might go to jail instead! Bonus!
Is this why the cops in England don’t carry guns? Because, according to the judge: “The intention of anybody possessing a firearm is irrelevant.” As long as you have a gun on you, you’re guilty. This is Kafka-esque beyond words. This also makes me wonder what the proper way is to get rid of a firearm. Recycle? Compost? Can’t do it. If we’re going by this kind of logic, the proper way is to just kind of wish really hard that the whole thing never happened. I know Paul Clarke is. Good luck with that, buddy.
Getting rid of a gun in England is easy, just throw it in someone else’s yard. Piece of cake.
The problem here is the concept of ’strict liability’ for possession offences. ‘Criminal intent’ has to be part of any law, or it just becomes a way to lock innocent people up – whether for handing in something they found, or because someone slipped some drugs/knives/child porn/information useful to terrorists into their backpack while they weren’t looking.
If you ever find yourself on a jury being told by a judge that you must convict someone who did nothing wrong because he’s broken the law, always remember that you can ignore the law and find him not guilty. It’s called “jury nullification” and it’s been the most important right of juries for hundreds of years – they can’t be punished for giving the ‘wrong’ verdict.
This prosecution flies in the face opublic interest part of teh charging standard on the CPS website and advice in the Home office guidance for police on firearms as well as firmly doing away with the concept of ‘mens rea’.
The arresting officer should be sacked for not knowing or referring to the guidelines. The CPS and prosecuting council should be sacked for ignoring their guidelines and actually bringing the case. The judge should be sacked for not giving the others a bollocking and throwing the case out.
BTW when I was on jury duty another jury were directed to find someone not guilty on a point of law. They were told if they brought a guilty verdict, which they wanted to, they would all be punished for contempt of court so I assume Jury nullification doesn’t exist in the UK.
“This also makes me wonder what the proper way is to get rid of a firearm”
you phone the police and they come take it away, its not complicated :s
As bluee says above, it’s not rocket science. Phone the police and say “Someone has thrown a gun into my garden”. You don’t have to walk the streets to the police station with it.
I’d rather this than police carrying guns.