Readers of this blog may remember the acquittal of police stripogram Stuart Kennedy on charges of carrying offensive weapons – batons and a spray – as part of his act (see this earlier post). The Crown appeal against that acquittal was heard yesterday, and reports in the Daily Record and the Scotsman note what seems to be the core of the Crown argument. According to the advocate depute (Brian McConnachie QC), as quoted by the Daily Record:
"For the purposes of his act, he doesn't require a real police truncheon. He is in a public place and a place where he says trouble can arise.
If it was a reasonable excuse to be carrying a weapon because it forms part of your fancy dress – or fancy undress in this case – that could put people in possession of very dangerous weapons on the street.
You could have someone going to a party as a ninja warrior with nunchaku sticks or someone dressed as a ned carrying a knife and it was part of their fancy dress. The whole purpose of the law is to stop people carrying offensive weapons in public."
A written decision will be issued in due course.