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Arthur Weasley: "Come off it, Amos. You don't seriously think it was the elf? The Dark Mark's a wizard's sign. It requires a wand."
Amos Diggory: "Yeah. And she had a wand."
Arthur Weasley: "What?"
Amos Diggory: "Here, look. Had it in her hand. So that's clause three of the Code of Wand Use broken, for a start. No non-human creature is permitted to carry or use a wand."
Arthur Weasley and Amos Diggory discover Winky with a wand following the Reappearance of the Dark Mark.[src]

The Code of Wand Use was a decree on wand usage, passed by the Wizards' Council[1] in 1631.[2] Clause Three of the Code (known as the Wand Ban)[2] stated that "No non-human creature is permitted to carry or use a wand".[3] There were a total of eight clauses within this code that regulated wand use.[4]

The Brotherhood of Goblins were a group pressing for goblin rights, which included the right to carry and use a wand.


The main well-known breach of the Code of Wand Use was a breach of Clause Three. When, at the Quidditch World Cup in 1994, the Dark Mark was conjured by Bartemius Crouch Jnr, using Harry Potter's wand, which he had stolen from Harry's back pocket. Members of the British Ministry of Magic arrived shortly after, and, unknowingly, Stunned him. Because he was wearing an Invisibility Cloak, however, when the Ministry official Amos Diggory who went to search the area where Harry, Ron and Hermione said they heard the incantation spoken did not see him, but instead found Winky, a house-elf belonging to Bartemius Crouch Snr, with the wand in her hand. Upon reviving her, Diggory explained the law to everyone present.[3]

Behind the scenes[]

  • The third W.O.M.B.A.T. at J. K. Rowling's official site refers to the Code of Wand Use as Ministry of Magic decree.[2] Pottermore, however, later established that the Ministry of Magic was only formally established in 1707, 76 years after the Code of Wand Use was passed. This seems to imply that the term "Ministry of Magic" is loosely applied to also refer to the Wizards' Council, which preceded the Ministry.


Notes and references[]

  1. Writing by J. K. Rowling: "Ministers for Magic" at Wizarding World says that the Ministry was formally established in 1707, having been preceded by the Wizards' Council.
  2. 2.0 2.1 2.2 J. K. Rowling's official site - Third W.O.M.B.A.T.
  3. 3.0 3.1 Harry Potter and the Goblet of Fire, Chapter 9 (The Dark Mark)
  4. Harry Potter: Hogwarts Mystery, Year 5, "Ordinary Wizarding Levels" Achievement