Are Belly Dance Swords legal?
by Mark
Some of you may have received emails recently that suggest that it is now illegal to buy, sell, make or import belly dance swords. This relates to a recently introduced piece of legislation called the The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008 and the Violent Crime Reduction Act of 2006. As I understand the issue it seems that a dancer noticed that this legislation bans Samurai swords (and other items). The lady was concerned (understandably) that this ban could apply to belly dance swords and being a very responsible adult wrote to the Home Office for clarification.
Here's where the problems seem to have started. A Home Office functionary was assigned the letter to answer and his reply gave the impression (in typical officialese) that a belly dance sword could possibly be interpreted as a weapon and thus subject to the full fury of the law. The lady was justifiably concerned and asked others to forward the email around and suggested that the belly dance community ask the government for an exemption for belly dance swords. (That will never happen because some bright spark of a thug will then use the defence in court that he was carrying his 5 foot long, razor sharp "Conan" style broadsword down the High Street on his way to belly dance lessons!)
I decided to do some research of my own and looked at the law on offensive weapons and the Violent Crime Reduction Act.
My personal opinion on this issue as a former police officer is that it's a storm in a tea cup. The originator is corresponding with a Home Office person who wouldn't dare give an opinion lest it be used as a defence and lose him his promotion prospects and pension. He is smart to not commit himself! In this blame culture we have today even I have had to assume that some readers will take my personal opinion as definitive and add caveats!
Here's what the the law says on offensive weapons as shown on the Crown prosecution Service website:
Section 1 of the Prevention of Crime Act 1953 prohibits the possession in any public place of an offensive weapon without lawful authority or excuse. (Archbold, 24.106a)
Definition of an offensive weapon. (Archbold, 24.115)
'Offensive weapon' is defined as any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use.
The courts have been reluctant to find many weapons as falling within the first limb of the definition and reliance should usually be placed upon the second. On that basis it must be shown that the defendant intended to use the article for causing injury.
Lord Lane, CJ. in R.-v-. Simpson (C), (78 Cr.App.R.115), identified three categories of offensive weapons: those made for causing injury to the person, i.e. offensive per se; those adapted for such a purpose; and those not so made or adapted, but carried with the intention of causing injury to the person.
In the first two categories, the prosecution do not have to prove that the defendant had the weapon with him for the purpose of inflicting injury: if the jury are sure that the weapon is offensive per se, the defendant will only be acquitted if he establishes lawful authority or reasonable excuse.
To see it in full for yourself go to:
http://www.cps.gov.uk/legal/section12/chapter_c.html
Any sane judge who saw a standard UK belly dance sword as sold by the majority of UK dance accessory shops would see that it is NOT made for causing injury to the person... it's made for balancing on your head while you dance. The swords I am familiar with are usually brass or some other low grade metal, have no sharp edges or points and are not designed to take a sharp edge, they could splatter a pound of butter all round your kitchen but NOT cut it neatly. A belly dance sword could of course be used to bludgeon someone to death but so could a length of steel pipe or your steam iron. A standard belly dance sword only becomes an offensive weapon if it is adapted (sharpened for example) or waved around by someone shouting "I'm going to bash your head in" thus showing it as being intended for use as an offensive weapon.
The situation would be different of course if you intended to buy, dance with and carry around a proper, sharp, Arabian scimitar made of Damascus steel… or one of those samurai swords... although why any sane dancer would want a sword like that balanced on her head I don't know.
With regard to the Violent Crime Reduction Act 2006, this is available in full online at http://www.opsi.gov.uk/ACTS/acts2006/pdf/ukpga_20060038_en.pdf
The relevant sections of this act are sections 42, 43 and 44 which refer to "knives and other weapons" A belly dance sword is neither a knife nor a weapon under the definition (unless adapted or intended as described above) and thus the relevant sections are in fact irrelevant.
If you take a look at the Violent Crime Reduction Act you should see quite clearly what it's aimed at and I don't think making life difficult for amateur belly dancers is anywhere near the target.
The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008 (http://www.opsi.gov.uk/si/si2008/pdf/uksi_20080973_en.pdf) is actually the legislation that triggered this controversy but seems to have got lost in the email chain that made it's way to me. This amendment refers to: (2) In paragraph 1, after sub-paragraph (q) insert— “(r) a sword with a curved blade of 50 centimetres or over in length; and for the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade.”.
Note the use of the word "blade" If your sword has a blade like a knife has a blade you may have a problem. If it's a flat edged bar of metal in the general shape of a sword I don't see that this piece of legislation applies any more than the legislation on offensive weapons or reducing violent crime.
What seems to be causing the confusion here is the use of the word "sword".
When is a sword not a sword? When it's a belly dance accessory! A standard UK belly dance sword is no more a sword than a glue gun is a firearm!
As a police inspector in my dim and distant past when policemen were allowed to be human and exercise intelligent discretion, if a constable had arrested a lady for carrying her belly dance sword en route to a class in her bag with her hip belt and glittery bits and asked me to charge her with possession of an offensive weapon I'd have laughed him out of the police station and made him apologise to her.
The case would be different if the same lady was walking down the street carrying the sword in her hands and waving it around while telling people to join her class or be executed, but that is how the law has stood since the time I was knee high to a scarab beetle, the Violent Crime Reduction Act makes no difference!
If any of you belly dancing ladies out there are criminal lawyers or judges or are related to one who'll give a free legal opinion please get in touch.
Note Well! My article refers to what I would call a standard UK belly dance sword which has a flat edge and no point. We have strict laws here already which most belly dance retailers are aware of and respect. If you buy a sword when you're on holiday in an Arabic country or the USA you could find yourself with a problem. Some of these have sharp points that could be used to stab or edges that just need sharpening (as opposed to grinding and sharpening) in order to cut. Beware and be smart! If in doubt, DON'T buy! If it looks remotely like a real sword (even if found at a trusted UK retailer) as opposed to a belly dance accessory the police and the Crown Prosecution Service might think the same way and you'll find yourself having to make some difficult explanations.
Another note before I'm asked what the standard is! There IS no official standard for UK belly dance swords. I use the word in it's generic form, i.e. the typical accessory sold for the purpose of being used in Middle Eastern sword dances by responsible UK belly dance retailers.
(Updated 26th April '08)
Note (added 28th April.)
I have been in correspondence with Denise who started this process and she has pointed out to me that the problem isn't so much with the legality of "standard"belly dance swords but with the fact that retailers are not prepared to take the risk and sell them. The legislation creates the offence of "....sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies..." (section 141 (1) of the Criminal Justice Act of 1988) and imposes a maximum term of six months in prison or a fine of £5,000.
Consequently you will discover that you can't find a belly dance sword, even a what I believe to be a "legal" sword, for sale. I've checked all the usual online UK suspects (belly dance shops) and they've all taken swords off their accessories pages!
Perhaps smuggling belly dance swords will find a niche market in the world of organised crime? Will we soon be reading stories in the papers of Customs and Excise raids on shipments of belly dance swords from France? I'm sure the offence would warrant a diversion of manpower from gun running, drugs, alchohol and tobacco.
I'm going to take the unusual step for me (being an old cynic) and recommend the e-petition on the government site. The petition will be ignored but it's all part of the "noise" we have to make to get a decision.
The address for the petition is: http://petitions.pm.gov.uk/BellyDanceSwords/
Note (added 21st May '08)
If you're looking for a "sword shaped belly dance accessory" in the U.K. contact Donna Conway through her website at www.arab-esque.co.uk, she's the only online retailer I've found who can get them and is willing to sell them. Like me she feels that a "sword shaped belly dance accessory" is NOT a sword.
Follow up notes on 21st October 2008
Denise succeeded in legally buying a "proper" curved sword (a scimitar with an edge). To read more go to her blog on Tribe.net at "Denise's Blog".
In a nutshell, what she had to do was order it from a bona fide importer of swords, send a scanned copy of her driver's licence or passport, show proof of liability insurance and proof that she's a genuine bellydancer. To do that she sent details of her page on Tribe.net and her belly dance teacher's email address for verification. Simple as that!.... Oh, yes, one more thing ... she had to pay for the sword!
Also... at Jewel of Yorkshire this October there were more "Edgeless Sword Shaped Belly Dance Accessories" on display than you could shake a Saiidi stick at!
See also the article in Winter 2008 Banat El-Raqs newsletter.
by Mark
Some of you may have received emails recently that suggest that it is now illegal to buy, sell, make or import belly dance swords. This relates to a recently introduced piece of legislation called the The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008 and the Violent Crime Reduction Act of 2006. As I understand the issue it seems that a dancer noticed that this legislation bans Samurai swords (and other items). The lady was concerned (understandably) that this ban could apply to belly dance swords and being a very responsible adult wrote to the Home Office for clarification.
Here's where the problems seem to have started. A Home Office functionary was assigned the letter to answer and his reply gave the impression (in typical officialese) that a belly dance sword could possibly be interpreted as a weapon and thus subject to the full fury of the law. The lady was justifiably concerned and asked others to forward the email around and suggested that the belly dance community ask the government for an exemption for belly dance swords. (That will never happen because some bright spark of a thug will then use the defence in court that he was carrying his 5 foot long, razor sharp "Conan" style broadsword down the High Street on his way to belly dance lessons!)
I decided to do some research of my own and looked at the law on offensive weapons and the Violent Crime Reduction Act.
My personal opinion on this issue as a former police officer is that it's a storm in a tea cup. The originator is corresponding with a Home Office person who wouldn't dare give an opinion lest it be used as a defence and lose him his promotion prospects and pension. He is smart to not commit himself! In this blame culture we have today even I have had to assume that some readers will take my personal opinion as definitive and add caveats!
Here's what the the law says on offensive weapons as shown on the Crown prosecution Service website:
Section 1 of the Prevention of Crime Act 1953 prohibits the possession in any public place of an offensive weapon without lawful authority or excuse. (Archbold, 24.106a)
Definition of an offensive weapon. (Archbold, 24.115)
'Offensive weapon' is defined as any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use.
The courts have been reluctant to find many weapons as falling within the first limb of the definition and reliance should usually be placed upon the second. On that basis it must be shown that the defendant intended to use the article for causing injury.
Lord Lane, CJ. in R.-v-. Simpson (C), (78 Cr.App.R.115), identified three categories of offensive weapons: those made for causing injury to the person, i.e. offensive per se; those adapted for such a purpose; and those not so made or adapted, but carried with the intention of causing injury to the person.
In the first two categories, the prosecution do not have to prove that the defendant had the weapon with him for the purpose of inflicting injury: if the jury are sure that the weapon is offensive per se, the defendant will only be acquitted if he establishes lawful authority or reasonable excuse.
To see it in full for yourself go to:
http://www.cps.gov.uk/legal/section12/chapter_c.html
Any sane judge who saw a standard UK belly dance sword as sold by the majority of UK dance accessory shops would see that it is NOT made for causing injury to the person... it's made for balancing on your head while you dance. The swords I am familiar with are usually brass or some other low grade metal, have no sharp edges or points and are not designed to take a sharp edge, they could splatter a pound of butter all round your kitchen but NOT cut it neatly. A belly dance sword could of course be used to bludgeon someone to death but so could a length of steel pipe or your steam iron. A standard belly dance sword only becomes an offensive weapon if it is adapted (sharpened for example) or waved around by someone shouting "I'm going to bash your head in" thus showing it as being intended for use as an offensive weapon.
The situation would be different of course if you intended to buy, dance with and carry around a proper, sharp, Arabian scimitar made of Damascus steel… or one of those samurai swords... although why any sane dancer would want a sword like that balanced on her head I don't know.
With regard to the Violent Crime Reduction Act 2006, this is available in full online at http://www.opsi.gov.uk/ACTS/acts2006/pdf/ukpga_20060038_en.pdf
The relevant sections of this act are sections 42, 43 and 44 which refer to "knives and other weapons" A belly dance sword is neither a knife nor a weapon under the definition (unless adapted or intended as described above) and thus the relevant sections are in fact irrelevant.
If you take a look at the Violent Crime Reduction Act you should see quite clearly what it's aimed at and I don't think making life difficult for amateur belly dancers is anywhere near the target.
The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008 (http://www.opsi.gov.uk/si/si2008/pdf/uksi_20080973_en.pdf) is actually the legislation that triggered this controversy but seems to have got lost in the email chain that made it's way to me. This amendment refers to: (2) In paragraph 1, after sub-paragraph (q) insert— “(r) a sword with a curved blade of 50 centimetres or over in length; and for the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade.”.
Note the use of the word "blade" If your sword has a blade like a knife has a blade you may have a problem. If it's a flat edged bar of metal in the general shape of a sword I don't see that this piece of legislation applies any more than the legislation on offensive weapons or reducing violent crime.
What seems to be causing the confusion here is the use of the word "sword".
When is a sword not a sword? When it's a belly dance accessory! A standard UK belly dance sword is no more a sword than a glue gun is a firearm!
As a police inspector in my dim and distant past when policemen were allowed to be human and exercise intelligent discretion, if a constable had arrested a lady for carrying her belly dance sword en route to a class in her bag with her hip belt and glittery bits and asked me to charge her with possession of an offensive weapon I'd have laughed him out of the police station and made him apologise to her.
The case would be different if the same lady was walking down the street carrying the sword in her hands and waving it around while telling people to join her class or be executed, but that is how the law has stood since the time I was knee high to a scarab beetle, the Violent Crime Reduction Act makes no difference!
If any of you belly dancing ladies out there are criminal lawyers or judges or are related to one who'll give a free legal opinion please get in touch.
Note Well! My article refers to what I would call a standard UK belly dance sword which has a flat edge and no point. We have strict laws here already which most belly dance retailers are aware of and respect. If you buy a sword when you're on holiday in an Arabic country or the USA you could find yourself with a problem. Some of these have sharp points that could be used to stab or edges that just need sharpening (as opposed to grinding and sharpening) in order to cut. Beware and be smart! If in doubt, DON'T buy! If it looks remotely like a real sword (even if found at a trusted UK retailer) as opposed to a belly dance accessory the police and the Crown Prosecution Service might think the same way and you'll find yourself having to make some difficult explanations.
Another note before I'm asked what the standard is! There IS no official standard for UK belly dance swords. I use the word in it's generic form, i.e. the typical accessory sold for the purpose of being used in Middle Eastern sword dances by responsible UK belly dance retailers.
(Updated 26th April '08)
Note (added 28th April.)
I have been in correspondence with Denise who started this process and she has pointed out to me that the problem isn't so much with the legality of "standard"belly dance swords but with the fact that retailers are not prepared to take the risk and sell them. The legislation creates the offence of "....sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies..." (section 141 (1) of the Criminal Justice Act of 1988) and imposes a maximum term of six months in prison or a fine of £5,000.
Consequently you will discover that you can't find a belly dance sword, even a what I believe to be a "legal" sword, for sale. I've checked all the usual online UK suspects (belly dance shops) and they've all taken swords off their accessories pages!
Perhaps smuggling belly dance swords will find a niche market in the world of organised crime? Will we soon be reading stories in the papers of Customs and Excise raids on shipments of belly dance swords from France? I'm sure the offence would warrant a diversion of manpower from gun running, drugs, alchohol and tobacco.
I'm going to take the unusual step for me (being an old cynic) and recommend the e-petition on the government site. The petition will be ignored but it's all part of the "noise" we have to make to get a decision.
The address for the petition is: http://petitions.pm.gov.uk/BellyDanceSwords/
Note (added 21st May '08)
If you're looking for a "sword shaped belly dance accessory" in the U.K. contact Donna Conway through her website at www.arab-esque.co.uk, she's the only online retailer I've found who can get them and is willing to sell them. Like me she feels that a "sword shaped belly dance accessory" is NOT a sword.
Follow up notes on 21st October 2008
Denise succeeded in legally buying a "proper" curved sword (a scimitar with an edge). To read more go to her blog on Tribe.net at "Denise's Blog".
In a nutshell, what she had to do was order it from a bona fide importer of swords, send a scanned copy of her driver's licence or passport, show proof of liability insurance and proof that she's a genuine bellydancer. To do that she sent details of her page on Tribe.net and her belly dance teacher's email address for verification. Simple as that!.... Oh, yes, one more thing ... she had to pay for the sword!
Also... at Jewel of Yorkshire this October there were more "Edgeless Sword Shaped Belly Dance Accessories" on display than you could shake a Saiidi stick at!
See also the article in Winter 2008 Banat El-Raqs newsletter.