Knife question

[ChevronB19]

Possibly a slightly controversial question, but particularly interested in opinions from BiB and solicitors.

See link - ok, it doesn’t define exactly what sort of knife it was, other than a ‘pocket knife’, or how he was using it. But the offence is ‘possessing a knife blade or sharp pointed article in a public place’ (doesn’t state using it in a threatening way).It doesn’t state an illegal knife, and there is such a thing as a ‘U.K. legal knife’ - quote from gov.uk below:

‘It’s illegal to use any knife or weapon in a threatening way.

There are different rules for shotguns and firearms.

It’s also illegal to:

carry most knives or any weapons in public without a ‘good reason’

sell most knives or any weapons to anyone under the age of 18

The exception to these 2 rules are folding pocketknives that:

have a cutting edge no longer than 3 inches
are not lock knives (they do not have a button, spring or catch that you have to use to fold the knife)

https://www.newsandstar.co.uk/news/23106137.man-de...

I almost always have a knife on me. I often help out on a mates farm, work on cars, get through millions of cable ties, fight Amazon parcels, do loads of DIY, various things where a knife is really useful. I ensured when I bought it that it was ‘U.K. legal’, as in a blade less than 3 inches and non-locking (which makes it more dangerous to the user, but nevermind).

It’s almost always in my pocket, so there are occasions when I am in a situation where there is no reasonable need to have it on me, it’s still there, as I’ve forgotten - it’s just natural to have it on me (note - purely for legal uses), but it is a U.K. legal knife.

So if I was stopped and searched and just happened to have a U.K. legal knife on me, what would happen? An attitude test, or something worse? Yes, I know the simple answer to this is ‘make sure it’s not in your pocket’, and I’m not trying to stretch a point, just slightly concerned if I forget.

[ChevronB19]

(Sorry, no idea why that went as a double post, the replicant has been deleted in a blade runner style…

[Bigends]

The article doesnt give the circumstances surrounding his possession - was it simply folded in his pocket or was he waving it about in public?

A quick Google of Grant Miller, Maryport reveals his current offending history

Edited by Bigends on Monday 7th November 14:12

[ChevronB19]

Bigends said:

The article doesnt give the circumstances surrounding his possession - was it simply folded in his pocket or was he waving it about in public?

A quick Google of Grant Miller, Maryport reveals his current offending history

Edited by Bigends on Monday 7th November 14:12

Fair point, I was just using it as a (probably bad) example based on the limited info in the article.

Still curious about the remainder of my queries - if I was stopped with a U.K. legal knife in my pocket, not using it in a threatening manner, but in a situation (e.g. in town) where I had no real reason to have it, but have it just through forgetfulness/habit), could I be in trouble?

[B235r]

I've always carried a pocket knife since I was a kid, like you say come in really useful for all sorts of things

Knife right pocket phone & debit card left pocket

Its a locking one & the blade is probably about 3in but I'm the right colour & live in the middle of nowhere so the chances of me getting stopped for anything are really small, not seen or spoken to a police officer in years

[33q]

I always carry a Leatherman Juice.

I'd prefer to carry my Wave but that has a locking blade...although I disabled it...and agreed making it less safe to the user. I switched to the Juice a couple of years ago as I became concerned it may not be legal etc.

Like others I have always carried some form of pocket knife all my adult life. I use it several times a day...at home and away.

Watching with interest as they say....

[Bigends]

There will need to be grounds for your stop/search in the first place.


Possession of an article with blade or point in a public place: section 139 CJA
(Either way, maximum term of 4 years imprisonment on indictment)

This section applies to any article which has a blade or is sharply pointed except a folding pocketknife, unless the blade of the folding pocketknife exceeds 3 inches (7.62cm).

So, perfectly legal to simply carry your folding pocket knife - just dont go waving it around in public

[Durzel]

One would hope that the context would be considered. If you're out and about in town, or at a pub/club in the evening, why do you need to carry it then?

[ChevronB19]

Bigends said:

There will need to be grounds for your stop/search in the first place.


Possession of an article with blade or point in a public place: section 139 CJA
(Either way, maximum term of 4 years imprisonment on indictment)

This section applies to any article which has a blade or is sharply pointed except a folding pocketknife, unless the blade of the folding pocketknife exceeds 3 inches (7.62cm).

So, perfectly legal to simply carry your folding pocket knife - just dont go waving it around in public

I’m stretching the argument here, but for the sake of clarity, what would happen if (and I would never do this)…

I’m in a pub (town, city, village, anywhere) and I’ve forgotten I have a U.K. legal knife in my pocket. I get into an argument with someone, and we have a drunken fistfight. Police arrive, and we are both searched. I have a U.K. legal knife on me, but have not used it or produced it in anyway.

So would that make it more serious?

(I know this sounds like an ‘asking for a friend’ question, but it’s not btw, just a theoretical query).

[InitialDave]

Durzel said:

One would hope that the context would be considered. If you're out and about in town, or at a pub/club in the evening, why do you need to carry it then?

Because it's always in your pocket?

I always have a mini Swiss army knife in my jeans pocket and a traditional one in my jacket pocket. It's just... normal?

[BertBert]

Sorry, I can't answer the questions, so forgive the thread distraction. It's curious that some people always carry a pocket knife and use it frequently and some don't carry one and don't feel that they need one. I am in the latter camp and not decrying those in the former, it's just a curiosity!

[Decky_Q]

A pub owner pointed out to me once that I had a knife on my belt. It's the pub across from work and everyone was meeting for drinks after a tough 3 month stint. I was clearing up while everyone else headed over so I was a bit rushed to catch up as we were only having one, before heading home. We were well known in the pub and it was obvious to all just a case of forgot about that, followed by a few jokes about me 'packing' etc. I just threw it into the boot of my car and continued chatting in the front beer garden.

That was a pretty reasonable reason for having it in a pub I thought.

[A500leroy]

Id imagine at the very least youd be invited to see inside your local police station, though I cant imagine youd get much more than a warning.

[Donbot]

If it is a UK legal carry knife and you are asked why you have it, then tell them it is a UK legal carry knife and you don't need a reason to have it on you.

If you start coming up with reasons you can only talk your way into trouble.

[Donbot]

A500leroy said:

Id imagine at the very least youd be invited to see inside your local police station, though I cant imagine youd get much more than a warning.

I'm not sure what they would warn you for? It would be like being caught with a pencil. They'd have to prove you were up to no good with it.

[Caddyshack]

Donbot said:

If it is a UK legal carry knife and you are asked why you have it, then tell them it is a UK legal carry knife and you don't need a reason to have it on you.

If you start coming up with reasons you can only talk your way into trouble.

Though if you are carrying a knife while out on the piss you will most likely still get in trouble, so leave it at home.

"I don't need need a reason" sounds like a fail on an attitude test, I would stop at "it is a UK legal carry knife"


I carry one in my EDC type bag that has my glasses, phone, keys and very simple first aid kit etc. (yes, walty - I know but I do have a reason to carry lots of stuff when I carry the bag) I made sure it is UK legal and I would not have any issue being asked to empty the bag or explain why I have the knife.

[ChevronB19]

Durzel said:

One would hope that the context would be considered. If you're out and about in town, or at a pub/club in the evening, why do you need to carry it then?

As mentioned, it’s always in my pocket because I use it all the time. Taking it out wouldn’t even occur to me (subject to post above). The ‘I forgot’ reason also applies, it’s just a natural part of my everyday life and is as normal as having my car keys on me. There’s no ulterior motive, hence the point of the question.

[Donbot]

Caddyshack said:

Donbot said:

If it is a UK legal carry knife and you are asked why you have it, then tell them it is a UK legal carry knife and you don't need a reason to have it on you.

If you start coming up with reasons you can only talk your way into trouble.

Though if you are carrying a knife while out on the piss you will most likely still get in trouble, so leave it at home.

"I don't need need a reason" sounds like a fail on an attitude test, I would stop at "it is a UK legal carry knife"


I carry one in my EDC type bag that has my glasses, phone, keys and very simple first aid kit etc. (yes, walty - I know but I do have a reason to carry lots of stuff when I carry the bag) I made sure it is UK legal and I would not have any issue being asked to empty the bag or explain why I have the knife.

It depends how you say it If you say it's 'UK legal' with a bit of an attitude they will probably get the hump.

[this is my username]

Not directly related to the thread, but the "I forgot it was there" scenarios made me think of this:

https://thecancunsun.com/american-arrested-at-canc...

Whether or not the things you carry with you regularly are legal and/or sensible all depend on where you are and the context ....

[Donbot]

this is my username said:

Not directly related to the thread, but the "I forgot it was there" scenarios made me think of this:

https://thecancunsun.com/american-arrested-at-canc...

Whether or not the things you carry with you regularly are legal and/or sensible all depend on where you are and the context ....

Assuming OP isn't waving it about the place I'm not sure what he can be arrested for, so I'm not sure why the context would matter.