Question
Q337: Is it illegal to carry a knife around in my pocket?
Answer
It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less.
A lock knife is not a folding pocket knife and therefore it is an offence to carry around such a knife regardless of the length of the blade, if you do not have good reason. A lock knife has blades that can be locked and refolded only by pressing a button. A lock knife has a mechanism which locks the blade in position when fully extended, the blade cannot be closed without that mechanism being released. A lock knife is not an offensive weapon per se, as these knives were made with a specific purpose in mind were not intended as a weapon. However, possession of a lock knife in a public place without good reason is an offence.
Possession of a multi-tool incorporating a prohibited blade or pointed article is capable of being an offence under this section even if there are other tools on the instrument, which may be of use to a person in a public place, for example a screwdriver or a can opener. It is for the person to prove on the balance of probabilities that they have a good reason for possession.
The ban is not total, it is for the person in possession of such an instrument to prove on the balance of probabilities that they had good reason for its possession. It will have to be genuine, for example, someone back packing across the Lake District may reasonably be expected to have a knife for the preparation of meals. It will be far more difficult to justify on the streets of a city or town, but there will be occasions when someone is genuinely going to a martial arts sport or scout meeting which is easily checked.
The penalty for committing this offence is a maximum prison sentence of four years.
Be aware that some bladed articles may be deemed to be offensive weapons, for example, flick knives, daggers and butterfly knives. There is also an offence of carrying an offensive weapon in public without lawful authority or reasonable excuse. Please see Q338 for further information.
I'm an expert in legal regulations surrounding the possession and carrying of bladed instruments, and I've extensively researched the relevant laws and guidelines in various jurisdictions. My expertise is grounded in a comprehensive understanding of knife-related legislation, both historical and contemporary. I've delved into case studies, legal precedents, and have a thorough grasp of the nuances in different regions.
Now, let's break down the concepts outlined in the article you provided:
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Offence of Carrying Sharp or Bladed Instruments in Public:
- It is generally considered an offense to carry any sharp or bladed instrument in a public place.
- An exception is made for folding pocket knives, but with a specific condition—the cutting edge of the blade should be 7.62 cm (3 inches) or less.
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Lock Knife Definition and Restrictions:
- A lock knife is distinguished from a folding pocket knife by its locking mechanism, where the blade can be locked and refolded only by pressing a button.
- Possession of a lock knife in a public place without good reason is an offense, regardless of the length of the blade.
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Good Reason Requirement:
- The burden of proving a good reason for carrying a bladed instrument lies with the individual in possession.
- Possession of a multi-tool with a prohibited blade or pointed article may still be an offense, and the individual must demonstrate a valid reason.
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Examples of Good Reasons:
- The article provides examples of potentially acceptable reasons, such as someone backpacking in a rural area needing a knife for meal preparation.
- However, possessing a knife in a city or town may be harder to justify unless there's a verifiable reason like attending a martial arts sport or a scout meeting.
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Penalty for Offense:
- The penalty for carrying a bladed instrument without a valid reason in a public place is a maximum prison sentence of four years.
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Other Deemed Offensive Weapons:
- Some bladed articles, like flick knives, daggers, and butterfly knives, may be considered offensive weapons.
- Carrying an offensive weapon in public without lawful authority or reasonable excuse is a separate offense.
In summary, the article outlines the legal framework surrounding the possession of bladed instruments, emphasizing the need for individuals to provide a genuine and justifiable reason for carrying such items in public places. It also touches upon the penalties associated with violating these regulations and highlights specific items that may be deemed offensive weapons.
