UK Laws concerning Lockpicking.??

[CitySpider]

Dosk3n, what you have said was not taken the wrong way, what you said was said the wrong way!

Thanks, Chubby. I didn't think I could say that without it sounding like a flame.

[jason]

Just to try and bring this to a close and give the moderators a break, these are some guidelines to try and help.

I have to stress that I am neither a Solicitor nor a Barrister (“lawyer” to our American cousins).

I am going to try and explain the legal position as I understand it. This is based on a small amount of legal studies, which I had to pass to gain a degree in Environmental Health. I have also had to undertake additional training for my professional exams.

Because of my full time job – Environmental Health (locksmithing is more a paid hobby) I spend time with police officers and other law enforcement personnel.

1. Possession of lockpicks is not a criminal offence. There is absolutely nothing wrong with owning picks or other locksmith tools either purpose built or home made. Should you be found in possession of lockpicks or other tool which could be used to gain entry illegally you may be considered to be “going equipped”.

2. Tools for “going equipped” can include (but are not limited to) hammers, screwdrivers, mica/steel shims, crowbar, strimmer wire, etc. There is no restriction on time of day, as others have already correctly stated. When my tools are with me I either have my warrant card with me or a copy of the Court’s warrant of entry.

If I’m carrying out private locksmithing work I have the contact details of the person who called me, an ID card and depending on gut instinct, I’ve called the local Police Station and advised them that I will be attending a property (get the name of the civilian staff member you’ve spoken to).

3. If you are stopped and tools are found in your possession (e.g. in your vehicle or on your person). The burden of proof will fall on you to prove that you have a valid reason to have them. If you are unable to do this to the satisfaction of the Officer, you may find yourself arrested. You will be taken back to the station and “processed” (fingerprinted, searched and DNA samples taken), it’s at this point you may wish to kiss your tools goodbye.

4. It doesn’t stop there (Varjeal or one of the other moderators may already cut this down). You will most likely end up in the Magistrates Court. This is not like the Crown Court you are likely to see on television. There may be three “lay” Magistrates (people who volunteer) or one “Stipendiary” Magistrate (trained and paid a stipend). There is no Jury.

(a) If you are stupid enough to have picked a lock which you do not own, nor have the permission of the owner/owners executive the arresting officer will suggest that you were stopped in the process of committing a criminal act (just remember how easy this is, you’ve been found in possession of lockpicks which have no other legitimate purpose other than to open locks (duh).

(b) The fact that you have what is still considered by many to be restricted knowledge would also imply that you are a career criminal (even though you may have a clean record and are kind to children and animals).

(c) Stating that you belong to a “sport” locksmithing group would hold no sway. It is not a recognised sport such as baseball or cricket. It is not a recognised professional body (unlike MLA or ALOA). If you are not a member of either of these organisations and don’t have a proper permanent advert (mine is in Yellow Pages) you are not going to convince them.

(d) The maximum sentence you can receive from a Magistrate is 6 months prison. Some people who feel that they are familiar with the legal system may suggest that you opt for “trial by Jury” on the grounds that you are more likely to be acquitted. I would suggest that you visit your local reference library and look at the case law, I would suggest the case of R. v. Harrison (1974), where the individual was in possession of lockpicks, the Judge directed the Jury to find the individual (Harrison) guilty as the tool(s) concerned had no other possible purpose. Oh and just as an aside, the Crown Court can impose custodial sentences significantly greater than 6 months.

I’m sorry if you feel this has gone on a bit, but it’s only scratching the surface and I must re-iterate that I am not a legal expert and this is not a definitive guide. I’m just someone with a bit of experience which I feel should be shared to help prevent you from falling foul of the law.

If you enjoy lockpicking, don’t want to lose your tools and get a criminal record to boot, do not take chances carrying your tools.

Here ends the lesson

[Dosk3n]

thanks for that, that has actually cleared alot up for me

[scifibuff]

I am new on this site. (Great site and information). My company put me through a locksmiths course. On completion of the course I got a basic tool kit and certificate. Being a good citizen I went to my local police station in the UK and asked them their policy on carrying the tools. The answer was if you get stopped you will have to prove you have them on your person for legitimate reasons, this also applies to large bunches of keys.
I am only a part time locksmith at the moment but I am hopeing to do some more when I have had some practice and purchase some more kit.
I am surprised that there is not some kind of register for this trade, so when you set up a business you are able to register yourself with the local police. At the moment I suppose the only way to cover yourself is to inform the police when somebody is in need of your services.
scifibuff

[quicklocks]

i visted the police by me and aksed advice they said i should send a letter to the local police station explaining who i was in what i intend to do (start a locksmithing business) so if they stopped me it would explain what i was doing with all the picks ect.

[blackiceuk]

One word of warning, as a trainee locksmith, I wrote to Majestic Tools in America to buy some picks, they forwarded on my letter to Souber Tools in the UK who got on to the local police who came round my house and I had to go to the Police Station to explain why I wanted pick tools, the real reason was to learn but they were not interested and said the locksmith industry was impossible to get into and to forget it.

This is the sort of pathetic country we live in, obviously the police were concerned that I would rob somewhere, but as I have a good job and no criminal record I don't know why they thought this, just paranoid idiots!

Anyhow watch out cos the cops obviously find it threatening that people can buy picks over the net, lets be honest if you wanted to break a house it would be quicker to use a brick or a policemans head

[pinky]

with 2 coppers on site im sure they would disagree about their heads, as the enforcer is far quicker.
as to break ins, although a small percentage only, incidents are cropping up more often of picked locks and bypassed locks on break ins, so i cannot blame police being wary, but to outright accuse you of wrong doing is wrong.

[blackiceuk]

I agree, the thing that really cheesed me off was the "look son, the lock industry is a closed industry and you won't get in, so look elsewhere for a career"

I thought what a bunch of *****, this is the mentality, perhaps I should get a job drug dealing as this often doesn't cause so much offence!

[Aristotle]

Sorry this is abit of the beaten track, but i was wondering if your arrested do you "have" to give DNA and finger prints i'm gessing the answer is yes. But also what if your found to be innocent are they still aloud to have your details on record. i've always wondered about this due to privacy and any info would be great.
-
Aristotle

[Aristotle]

Maybe a question for master-thief lol

[jason]

You have no option - your details are taken (DNA and fingerprints - in the UK).

I recall there being an issue that if you were prosecuted and then found innocent the DNA samples were to be destroyed (I think Cambridgeshire Police failed to do that in one case). In short don't do anything likely to get yourself arrested - the Police in the UK love DNA