Where is it not legal to carry a folding knife ?

gonzo

Well-Known Member
I have seen mention that there are some places where you are not permitted to carry even a less than 3" folding pocket knife. But I'm strugglibg to find any hard info on this.
Is there a list of places?
Is it law, or just a requirement of the location? ie. Could I be charged for having a swiss army knife in my pocket in such a place, or would the worst that can happen be, I would have to go out and leave it in my car.
 
You might have difficulty getting into a football match, or a government building perhaps? Anywhere that has a detector and where you'd struggle to justify carrying it.
 
Those would be places where the site owners rules are that you cannot take certain things in. I'd see that as the equivilent of a nightclub refusing entry if you are wearing trainers.
But I'm interested to know if there are places that are covered by law. And to what extent that law extends.
 
My mate who is a farmer went into the court to pay a fixed penalty speeding fine. He emptied his pockets before going through the metal detector and in his belonging was his small penknife for cutting bailing twine.
He got a night in the cells and took to court in the morning. Luckily enough he only got a caution.
 
Those would be places where the site owners rules are that you cannot take certain things in. I'd see that as the equivilent of a nightclub refusing entry if you are wearing trainers.
But I'm interested to know if there are places that are covered by law. And to what extent that law extends.
It isn't quite the same as the no-trainers rule in a nightclub. I would argue that if you take a, say, 2-inch folding knife to a nightclub, there is at least a prima facie case that you are carrying an offensive weapon (simply because of the context in which you are carrying it). A hammer would fall into the same category.

Kind regards,

Carl
 
I was thinking of the less dramatic situations.
Such as having my swiss army knife (non locking) in my pocket, when going into a school to drop of the kids, or when going into the pub for a coke at lunch time, when someone is leaving the company.

I have found some court building references. That any item may be retained bu a court official, if it is considered to be a danger to people or the operation of the court. And to retain it for as long as required to bring it to the attention of a constable.
Which means that you have to leave things at the door, and they will pass it to the police if they think that an offence has been comitted.
 
The only thing I can find is that it is illegal to use any knife in a threatening way, regardless of how big it is, but it specifically says that you can carry a folding knife under three inches without having a reason. My father in law had his Swiss army knife confiscated at Windsor Castle, but it was given back to him when he left.
 
I was thinking of the less dramatic situations.
Such as having my swiss army knife (non locking) in my pocket, when going into a school to drop of the kids, or when going into the pub for a coke at lunch time, when someone is leaving the company.

I have found some court building references. That any item may be retained bu a court official, if it is considered to be a danger to people or the operation of the court. And to retain it for as long as required to bring it to the attention of a constable.
Which means that you have to leave things at the door, and they will pass it to the police if they think that an offence has been comitted.
As far as I'm aware, absolutely any situation you may be required to show 'good reason' to have a knife on you if it's over 3" in length.

Going into the pub at lunchtime from work, the questions would be : Do you need to carry a knife for work ? Is it an essential part of your job ? Was it possible for you to have left it somewhere before going into the pub ?
Going into the kid's school, I'd imagine you'd have to really prove your actions were essential.

If the courts were satisfied with your explanation, you'd not get convicted.
 
My mate who is a farmer went into the court to pay a fixed penalty speeding fine. He emptied his pockets before going through the metal detector and in his belonging was his small penknife for cutting bailing twine.
He got a night in the cells and took to court in the morning. Luckily enough he only got a caution.

Same happened to a farmer l know in Hamilton sheriff luckily he got off with a caution, after a few hours downstairs in cells.. only to come out to a parking
ticket on his tractor !
 
As far as I'm aware, absolutely any situation you may be required to show 'good reason' to have a knife on you if it's over 3" in length.

Going into the pub at lunchtime from work, the questions would be : Do you need to carry a knife for work ? Is it an essential part of your job ? Was it possible for you to have left it somewhere before going into the pub ?
Going into the kid's school, I'd imagine you'd have to really prove your actions were essential.

If the courts were satisfied with your explanation, you'd not get convicted.
Well I've never had a problem carrying a knife in pubs or schools, or even police stations, and mine's got a locking blade that's nearly 4 inches long. I don't even hide it - it's in a pouch on my belt. I guess I just don't look suspicious enough to warrant closer investigation!
 
How pathetic is all this! Those of us that have a need for a knife as a tool for work or leisure pursuits are forced to second guess jobsworths out to make a point (sic).

More useless legislation passed by those incapable of dealing with the root cause of the problem and using the laws already in place.
 
As far as I'm aware, absolutely any situation you may be required to show 'good reason' to have a knife on you if it's over 3" in length.

Going into the pub at lunchtime from work, the questions would be : Do you need to carry a knife for work ? Is it an essential part of your job ? Was it possible for you to have left it somewhere before going into the pub ?
Going into the kid's school, I'd imagine you'd have to really prove your actions were essential.

If the courts were satisfied with your explanation, you'd not get convicted.

The whole purpose of a sub 3" non locking knife is you do not need a good reason to carry it. There is nothing in law specifically to ban you from carrying it in places other than their own ROAR specifications. I have a Byrd Tern (after losing my Spyderco UKPK) and carry it everywhere as it's fine to do so. With that in mind if I was going anywhere I was likely to be drinking or getting searched I'd then leave it at home to avoid trying to explain the legal carry knife laws to anyone and likely ruining my evening.
 
I know people who do carry in the same way, and have never been stopped. But it does not mean that if stoppped they would not have an issue.
I used to carry the Leatherman too, but stopped doing so.

As far as I can see, there are no public places where the folding pocket knife exemption is not valid.
In a court building, they can ask you to leave any item they deem to be an issue. And collect it later. If they believe that there may be an offence, they pass it to the police to deal with. But as far as I can see, the folding knife exempotion still applies. So you have commited no crime.
 
My mate who is a farmer went into the court to pay a fixed penalty speeding fine. He emptied his pockets before going through the metal detector and in his belonging was his small penknife for cutting bailing twine.
He got a night in the cells and took to court in the morning. Luckily enough he only got a caution.
I'm a bit sceptical about this one I'm afraid. There is no law against carrying a folding penknife with a blade less than 7.62cm (3") anywhere. If the blade was a locking blade then I could understand why your farmer friend was arrested. Also, unless there was far, far more to the story than you have related, no one goes straight to court from police cells without some pretty heavy exceptional circumstances. If it was a folding pocket knife, his arrest was unlawful. If he really spent a night in the cells, then it wasn't a folding pocket knife.

Here's the Gov.UK guidelines :

To answer the original question, there are two specific pieces of legislation which can apply to knives.

Section 1 of the Prevention of Crime Act 1953

makes it an offence to have an offensive weapon in a public place without lawful authority or reasonable excuse.
Here, an offensive weapon is any article made, or adapted, or intended by the person having it with him, or by another, to cause personal injury to any person. So it would include knuckledusters(made to cause injury) a piece of wood with nails driven through it (adapted to cause injury) or a rounders bat (an innocent piece of sporting equipment, carried to a fight intended to cause injury) There are certain types of knives and weapons which are included in various schedules and are defined as "offensive weapons per se" such as balisong knives, switchblades, knuckledusters, coshes, etc.

Public place is any place where the public has access, on payment or otherwise, so the street, or a stadium/nightclub etc.

The offence is complete if the person having it with him intends to use the item to cause injury by him or by another person. In other words you can't carry a weapon for a mate to use.

By definition, if you carry a small "legal carry" penknife with the intention of using to to cause injury the offence is complete, but it is only defined as an offensive weapon by way of that intent

Lawful authority means some people can carry what would otherwise be offensive weapons, eg a copper's baton, and reasonable excuse would be a theatre prop, or Mrs Miggins taking the cosh she's confiscated off little Johnny to the police station to hand it in.

Section 139 of the Criminal Justice Act 1988 makes an offence of having an article with blade or sharp point in a public place without lawful authority or good reason. Section 139A of the Criminal Justice Act 1988 provides that it an offence to have an article within either of the above offences on school premises. Sections 139 and 139A of the Criminal Justice Act 1988 apply to any article which has a blade or point except a folding pocketknife unless the cutting edge of its blade exceeds 7.62 centimetres (3 inches).

Here the act is pretty simple. You mustn't have with you in a public place (again, street, nightclub, stadium, cinema etc) any item which has a bladed edge or a sharp point. So that includes any knives, or swords, or machetes, or darts, or school compasses, or (....you get the picture) unless you have a reason to do so. This time it's up to you to convince the court that you had a good reason. So a carpet fitter on their way to work can carry a stanley knife, but not when they go to the pub. A Darts player can take their sharply pointed items to the pub, but not to the football. A chef can take his or her 32 piece professional Japanese knife set to work, but not to Butlins at the weekend.

The only exception is the good old folding (not locking, not fixed) pocket knife as long as the cutting edge of its blade doesn't exceed 7.62 cm or 3". You don't need any foreseeable good reason to carry one of those.

Section 139A of the 1988 Act simply adds School premises to the list of places where the above 2 offences can be committed. The reason being is that the general public are not allowed access to schools whether on payment or otherwise, so it closes a potential loophole or two. It also adds "for educational purposes" as a defence/reasonable excuse where applicable.


Otherwise, any premises may have their own rules for allowing or not allowing "legal carry " knives. It's their premises, their rules, but no specific legislation exists other than the above.
 
I know people who do carry in the same way, and have never been stopped. But it does not mean that if stoppped they would not have an issue.
I used to carry the Leatherman too, but stopped doing so.

As far as I can see, there are no public places where the folding pocket knife exemption is not valid.
In a court building, they can ask you to leave any item they deem to be an issue. And collect it later. If they believe that there may be an offence, they pass it to the police to deal with. But as far as I can see, the folding knife exempotion still applies. So you have commited no crime.

Completely agree with you. If in the case of those two farmers the knife was a non-locking folding knife of under three inches, they should never have accepted the caution as they were not in breach of the law.
 
My mate who is a farmer went into the court to pay a fixed penalty speeding fine. He emptied his pockets before going through the metal detector and in his belonging was his small penknife for cutting bailing twine.
He got a night in the cells and took to court in the morning. Luckily enough he only got a caution.
I had, as ususal, my Swiss Army knife in my pocket when I went to give evidence at the Crown Court in Manchester. It set off the metal-detector, and they declined to let me in until I got rid of it. I did this by asking a sandwich-shop next door to keep it under the counter until the court had finished with me - in return for which service I would buy a sandwich from them for my lunch. That all worked fine!
I'm not sure, in that context, your farmer did very well with a night in the cells and a caution. I wonder what the charge was?
 
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