Carrying a fruit knife

[Trotbot]

Is there a risk of prosecution if you carry a fruit knife (kitchen knife, 6-7 cm blade, common for cutting apples) in a car all the time,. in case of random picnics? My Mum is convinced it is harmless, I have lost touch with UK law but from the scare mongering I have seen, there may be a risk

[sara3]

random picnics?

are you for real??

[hc4361]

# t is generally an offence to carry a knife in public without good reason or lawful authority (for example, a good reason is a chef on the way to work carrying their own knives)
# the maximum penalty for an adult carrying a knife is four years in prison and a fine of �5000
# knives where the blade folds into the handle, like a Swiss Army Knife, aren't illegal as long as the blade is shorter than three inches (7.62 cms)
http://www.direct.gov.uk/en/CrimeJusticeAndThe Law/CrimePrevention/DG_078569

[ChuckFickens]

you mean you don't do them Sara?

I have problems walking round the corner to the shop without stopping for a tandom picnic

[sara3]

Chuck, is that a picnic for two? ;o)

[ChuckFickens]

*random

[Jan1957]

sara, I can't believe you've never had a random picnic! I do it nearly every day. You know what it's like you're walking along, pass a greengrocers and see some fruit and think "I know what, I'll have a picnic". What planet are you on trotbot?

[sara3]

this is obviously where I've been going wrong in life.

when I have a picnic... I'm just too prepared!

[Buenchico]

Possession of any bladed article (other than a folding pocket with a blade length of less than 3 inches) in a public place (which includes inside your own car where your car is in a public place) is a criminal offence under Section 139 of the Criminal Justice Act 1988.

However the following are statutory defences:
(i) the bladed article was required for use at work ;
(ii) the bladed article was required for religious purposes ;
(iii) the bladed article was part of a national costume ;
(iv) the person possessing the bladed article had legal authority for possessing it in a public place ;
(v) the person possessing the bladed article had good reason for possessing it in a public place.

If you were to carry a fruit knife inside a sandwich box which also contained an appropriate item of fruit (because you were on your way to a picnic) a court would probably decide that the 'good reason' statutory defence applied. However carrying such a knife on the 'off chance' of a picnic would be unlikely to satisfy the 'good reason' criteria and should thus be regarded as illegal.

Conviction in a magistrates' court can lead to up to 6 months imprisonment and/or a fine of up to �5000. Conviction in the Crown court can lead to a prison sentence of up to 2 years and/or an unlimited fine.

Chris

[fredpuli47]

By the Criminal Justice Act 1988 s 139 any person who has with him in a public place.any article which has a blade or is sharply pointed (except a folding pocketknife of which the cutting edge exceeds 3 inches) is guilty of an offence but it's a defence if he proves that he had it for use at work or for religious reasons or as part of any national costume .
Nothing about picnics in there, random or otherwise.Common sense must dictate that, in the special case of someone who buys a legal kitchen knife and is taking it straight home is to be regarded as having it as though 'for work' and doesn't commit the offence as they walk out of the shop with it.(Can't think that the CPS would be stupid enough to prosecute in such a case anyway)The law is set against anyone who has a knife , subject to the specific defences above which they may prove.

[fredpuli47]

Sorry, I missed out the 'good reason or lawful authority' defence under s139(4). which Buenchico mentioned. The Courts have proved a litle bit cagey about it, in particular saying that forgetfulness is not, in itself, 'good reason'.Forgetfulness has to be combined with some other reason so, for example, a parent who'd bought a knife and put in the glovebox of their car to keep it away from their child, and then forgotten to retrieve it on getting home, could avail themselves of the defence

[Trotbot]

Thank you for the sensible answers, very helpful

[sara3]

and thank you for the sensible question :o)