Carrying a knife

[whiffey]

I collect penknives and kitchen knives. I have a French Opinel wooden-handled folding knife with a 5-inch blade and locking mechanism. If someone at work wishes to see it, and I bring it into work in my bike carrier bag, presumably I am committing an offence ? Would it be ok to carry it if I secure it with tape or a plastic tie such that it can't be opened ?

[pauln90]

Knife possession is legislated differently in public places and in private. In private, you can own any type of knife except automatic knives (flick knives, butterfly knives, and switchblades). In general, knives carried in public places are legally considered to be offensive weapons and the carrier can be charged with "possession of an offensive weapon". It is however legal to carry a knife if there is a bona fide reason to do so for example, if it is a tool required for ones trade (e.g. chefs) or if it is part of a national costume (e.g. sgian dubh), or if it is carried for religious reasons (e.g. Sikh Kirpan). A special exception exists for penknives (pocket knives) which are legal without reason for possession, but they must be non-locking and sub 3". Any other article with a blade or point is illegal to possess in a public place, except with a reasonable excuse. [2]Even a folding pocket knife of less than 3" may still be considered an offensive weapon if carried or used for that purpose.

Possession of a 5" bladed knife in public would be an offence.Your reason for taking out may not impress the police that it was for a legitimate reason.

The fact that you cover it as described would make no difference

[NORMANTHEDOG]

why dont you ask your friend to come to your house to view your collection.

[##Wardy##]

paul is near enough right albeit the first part. Switchblades etc are classified as "offensive per se". i.e there can be no excuse if carried in public.

In private however you can have them. The law forbids sale of these dangerous knives (and now ones advertised for combat use). However, if you have a flick-knife etc at home, there is no offence.

All that told, forget the Offensive Weapons Act. It is your "intention" when the knife is carried which is important. Therefore, if the weapon is not banned outright (flick knives, some batons, throw stars to name but a few) you can carry anything you want if the relevant mens rea to use that article "offensively" is not present.

Alas, bladed or pointed article in a public place (Criminal Justice Act) needs a reasonable excuse. It will be for you to convince the crown of your "reasonableness" as opposed to the crown to prove otherwise. "Intention" is irrelevant in this law.

So, basically ask yourself this "Can I prove my actions were reasonable in these circumstances?". Only you can prove this and will have to convince the Magistrate (non-indictable offence) that your actions were reasonable.

[whiffey]

Thanks for your answers folks. After Pauln90 I was beginning to wonder how to get the knife home again.

I think I will risk securing it with tape and cable ties and not put my hood up on the way home !

[emma0606]

Any sharp pointed object longer than 3inches is considered an offensive weapon and if caught with it you will be arrested for carrying it. I think you can get up to 4 years in prison so best leaving it at home.

[##Wardy##]

Sorry emma. That is simply wrong.

[Paul22118]

Emma. You are way off the mark here.

If you believe what you say to be true the pencil in my top pocket, the cork screw in my tuckbox and so on and on and on - all make me arrestable. I don't think so. Wardy is correct.

[Toureman]

After reading the answers above.............

What happens if as an OAP I buy a kitchen knife from tescos and try to take it home?

Will I be arrested? I don't want to go to prison for 4 years, do the police wait outside stores that sell knives?

[Grunty]

Toureman, that would be covered by the exception that pauln gives. Having bought a knife at Tesco, it is reasonable that you would want to take it home. You therefore have a bona fide reason for carrying it,

[Culver]

Having bought a knife at Tesco, it is reasonable that you would want to take it home. You therefore have a bona fide reason for carrying it, http://www.swordsswor...butterfly-knives.aspx Media URL: http://www.swordsswords.com/
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