Having a Knife in the Car

[light186282]

Hi all,
i was questioned by the police in relation to shop lifting which did not amount to anything. However at the same time they asked to search my car which they did. In the car in a plastic box I had a 5" kitchen knife which I used some time back to cuts cord when I went to B&Q and the items required the boot to be partly open and I tied the boot down to the bumper. The knife was wrapped up in a rag, and to be honest I had forgotten it was in there. I have to go to court now because CONTRARY to Section 139(1) AND (6) of the Crim Justice Act 1988. "You had with you, without good reason or lawful authority, in a public place an article which had a blade or was sharply pointed, namely a kitchen knife in a sheath with a 5 inch blade. It was not on me it was in the boot of my locked car in the shopping car park. Any ideas ?

[sara3]

surely a pair of scissors would have been suitable for the job.

sounds iffy to me..

[Jillius]

Difficult. A lot of people probably have knives in their cars for perfectly good reasons. My hubby always uses a knife to cut those plastic tie things but luckily he doesn't have one in his car any more.
What about fishermen ? Are they no longer allowed to take gutting knives with them ?
Having a knife should no way make everyone a suspected killer.

[Ethel]

Yes.

A car is deemed a public place in relation to carrying knives.

"For example, leaving a knife in a car for use when you go fishing would be illegal"

http://www.goxplore.net/guides/Knife_law_(UK)

[Ethel]

Quote:

Fined �450 for carrying lock knife
Published on 15/08/2007

AN apprentice electrician has paid a high price for carrying a lock knife around on his day off.

Douglas Rae, of Holly Close, Carleton Heights, Penrith, was fined �450 by Eden magistrates after he admitted having a pointed article in a public place.

Police found the lock knife, which was a present from a girlfriend, in the glove compartment of his car when they stopped him in Boroughgate, Appleby, on June 11.

Craig Smith, defending, said the 21-year-old used the lock knife to strip wires � it was a tool of his trade.

Rae, who had the lock knife confiscated, must also pay �58 costs.

[sara3]

surely anyone who uses a knife in their day-to-day work would carry a knife in a less suspicious way. in a tool box? chef's knives would be part of a set. a fisherman would have the knife as part of his equipment.

if someone carried a lone knife wrapped in a rag in their car, well I'd probably be as suspicious as the police.

[Tichfield]

I can see the point of this law, but I doubt it was Parliament's intention that it should be applied in these type of cases.

Common sense should be applied, but if it is easy to get a conviction then some police officers are only too happy.

Presumably it is not illegal to carry a knife to your home if you have just bought it in a shop?

[Ethel]

No, that wouldn't be illegal, but it would be necessary to have the knife in its packaging, or carrier bag, in the boot of the car and provide proof of purchase.

If it was still in the boot days later, then it would be illegal.

[New Judge]

We will not solve this issue here.

The law does allow you to have a knife in your possession in certain circumstances as has been pointed out. If you intend to argue that you were entitled to have it you must go to court and plead not guilty. I must say from what you have told us you are unlikely to succeed. Even if carried on a temporary basis an offence is still committed if you have no lawful purpose to carry it in the first place. The court may accept that you had a lawful purpose initially, but your forgetfulness has somewhat eliminated that defence.

Having said that, if you are convicted this particular offence as described is at the low end of the seriousness scale. Nonetheless, Magistrates� Sentencing guidelines suggest a �starting point� of a high level community penalty. You may be able to persuade them to come down a little from this, but their guidelines suggest that even at its lowest level of seriousness the offence warrants a community sentence.

[fiesata]

What about a Swiss army type of knife with the pairs of scissors,bottle openers,etc. in addition to the knife - is there a judgement on these

[Ethel]

How long is the blade on a swiss army knife?

[Ethel]

This is the law as it stands re knives in public:

Legal exceptions for carrying a knife

Under certain circumstances, it's legal to be in possession of a knife in public:

* If it's a tool of the trade (i.e. you work in catering or carpentry);
* For religious reasons (i.e. a Sikh kirpan);
* If it's a penknife (pocket or folding knife) less than three inches long (although it may be considered offensive if carried for the purpose of causing injury or harm).


So, a Swiss army type knife is legal if the blade is less than three inches.

[Golf38]

In the current climate - not a good time to be in court charged with an offence relating to possession of knives.

[bluerosedove]

my son in law has to go to court for carrying a fold away knife in his car. This knife is supplied from his work for unpacking parts. He was stopped after he finished work on his way home. He delivers parts all over the south, has no locker at work so he keeps his bag with him. He was also stopped because he carried a set of clothes - this being his work clothes with viisible work logo on the clothing. Surely this is just nit picking!!!