porter_jamie – Member
is there an information portal somewhere which has definitive description of what is and what is not legal?
This covers England Wales NI
Criminal Justice Act 1988 – Section 139
139 Offence of having article with blade or point in public place
The key points:
(2)Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
(3)This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
(4)It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
Cougar – Moderator
There was later a test case where it was questioned as to whether a folding lock knife can be classed as a fixed blade and the conclusion was ‘yes,’ setting the precedent.
I believe it was this:
HARRIS v DIRECTOR OF PUBLIC PROSECUTIONS; FEHMI v SAME
Both were lock-knives with blades less than three inches; however, they were being carried in urban areas:
Harris – Prebend Street, Islington (1990)
Fehmi – Bethnal Green Road, London, E2 (1990)
The key points:
“In my judgment, the right approach to the matter is this. To be a folding pocketknife the knife has to be readily and indeed immediately foldable at all times, simply by the folding process. A knife of the type with which these appeals are concerned is not in this category because, in the first place, there is a stage, namely, when it has been opened, when it is not immediately foldable simply by the folding process and, secondly, it requires that further process, namely, the pressing of the button.”
“When the knife is locked it becomes in effect a fixed blade knife and the intention of the statute is to prevent the carrying of such a knife.”
Therefore, if it’s anything other than sub 3” non-locking, your defence is your ‘good reason’ for having it in a public place.
IANAL
