Swiss Army knife

[Belfort]

I got a Swiss Army Knife as a present, but after checking it i realised that one of the blades are actually quite long... is that considered legal to have it? I remember someone saying that if it's more than 4cm long it's illegal to possess it, but I can tell if this is true or not. I carry with me all the time for different purposes, but I am just wondering if someday I get searched what would happen..?!

[Pedroclan]

I believe in this country the legal length, as such, is about 3" - 3.5". We deal with security scanners and MAD so get a lot of Brits and tourists coming in carrying knives. As a quick measure we use our ID cards (about the same size as a credit card) to check the blade. Shorter or about the same size is ok, any longer could be dodgy.

Am sure someone on here will have access to the exact figures though.

Cheers

Pedro

[mts]

I think thats 4", 4 inches mate, but i'm no authority.

Stay safe

m

[co19]

Its around 3 inches from memory, thats what my missus says anyway!

[baghdadbg]

As long as it travels in your hold luggage, then i dont see a problem, i got a full size ghurka khukri back into uk via kuwait, but had a leatherman that was in the depths of my daysack confiscated

[littlewoman]

A blade more than 3inchs or 7.6cm is illegal to carry without good reason.
Good reasons would include, you are carrying it as part of you work (but not if your work means using it as a weapon) you've just bought it and are taking it home, its part of your religion (Sikhs can carry their ceremonial knives), its part of national costume (Scots carry the knife in their sock).
It is however legal to possess just about any sort of knives and if you are bring a knife into the country in hold luggage you're not going to get problems at customs and you won't get arrested carrying it home.

Some police are getting very silly about arresting people for possession of 'bladed articles' even where there is no reason to think they might use it as a weapon and then persuading them to accept a caution or an FPN. If you accept either a caution of FPN it is an admission of guilt , it will stay on your record and you will loose your SIA license. Do not accept cautions or FPNs.

[Daisy]

Quote:

Originally Posted by baghdadbg As long as it travels in your hold luggage, then i dont see a problem, i got a full size ghurka khukri back into uk via kuwait, but had a leatherman that was in the depths of my daysack confiscated

Lucky bum!
My leather man and swiss army knife 'disappeared' from my hold luggage after trips back from Middle East into Heatrow (I recommend Luton, much easier going).
Got this strong feeling they ended up on e-bay.

[rupert]

Also worth noting is that the law in the UK concerning knives is in respect of "fixed blade" knives; this INCLUDES ANY knife that has a locking mechanism to fix the blade in place. When it comes to fixed bladed knives there is NO legal limit they are all illegal to carry in public "without good cause" as mentioned above. That includes popping into the petrol station on your way home from work, if you use a knife during work!

Also a point of note; as the law stands, your car is considered a public place, once it is on a public highway, therefore storing a knife in your glove box or tool box in the boot would constitue an offence if the knife was a folder of over 3" or a fixed or lock knife of any length!

The Violent Crime Reduction Act 2006 has made this question a minefield....

Being an RFD I know a bit about this, if anyone wants any clarity just PM me and I'll forward you a fact sheet.

[baghdadbg]

nothing is safe traveling from the middle east, there is a trend at the moment of north face bags going missing, some bags at baghdad airport dont make it from the terminal to the RJ plane, where you have to identify and put your own bag on, been many a standoff. Happy days

[mally]

One of my mates who's a mechanical engineer (works for a generator company) carries a Leatherman supertool which, having owned a few different types of leathermans is one with fixed blades.

He wears it on his belt on his work trousers. I've mentioned to him in the past about the laws about fixed blades but he reckons if he ever gets arrested he'll argue he uses it only for work which I've no doubt he does (doesn't have a CRO or PNCID number - squeaky clean!)

Section 139 of the Criminal Justice Act 1988 created an offence of possession of a bladed or pointed article in a public place.

139(1) Subject to the defences listed below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
This section applies to any article which has a blade or is sharply pointed except a folding pocket-knife (with a blade less than 7.62cm (three inches) long - a longer bladed pocket knife is not exempt from this legislation).

Quote:

DEFENCES 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 an article with him in a public place . It shall also be a defence for a person charged with an offence under this section to prove that he had the article with him - (a) for use at work; (b) for religious reasons; OR (c) as part of any national costume.

Note: Defence no.1 has been challenged as being incompatible with the Human Rights Act 1998 (L v DPP 2002). It was held, for several reasons, to be compatible with the Act and can be relied upon to put the burden of proof upon the defendant to show he had good reason etc. (on the balance of probabilities).

'Blade' means the sharp blade of a knife, sword, etc. It is not intended to include the blunt blade of a screwdriver, oar, cricket bat or other item, which common sense tells us was not intended to be covered by this section; R v Davis 1998 CrimLR 564.

'Public Place' includes any place to which the public have or are permitted access, whether on payment or otherwise.

ALSO . . . .

(a) A lock knife is not a folding pocket-knife and this legislation will therefore apply regardless of the length of the blade; Harris v DPP 1993, confirmed by R v Deegan 1998.

(b) Possession of a multi-tool incorporating a prohibited blade/pointed article is capable of being an offence under this section even if there are other tools on the instrument which may be of use to a person having it in a public place (e.g. it may have a bottle opener). It is for the suspect to prove on the balance of probabilities that s/he had good reason etc. for possession. (e.g. s/he was going to a party and needed the bottle opener with him/her) (R v Giles 2003).

(c) Possession of a lock knife for the purposes of persistent self harm, may be a reason, but is not likely to be a good reason (R v Brown (Mark) 2003).

(d) The power to stop and search persons and vehicles under section 1 of PACE was amended by section 140 of the Criminal Justice Act 1988 to allow a constable to search for articles prohibited under this section, as well as offensive weapons.

(e) The defence under subsection 139(4) above is similar (though not identical, so a subtle difference may be intended) to the defence of lawful authority or reasonable excuse under the Prevention of Crime Act 1953, which may give you further assistance.

Quote:

further, Harris v DPP 1993 said: Quote: H was convicted of having in his possession a 'lock knife' (a knife with a button to release the blade) in a public place without reasonable excuse or lawful authority, contrary to section 139 of the Criminal Justice Act 1988. He appealed, arguing that his knife folded in the same way as an ordinary folding pocketknife. HELD The law permits possession of 'folding pocket knives' (which have a blade less than three inches in length and have a simple folding mechanism) in a public place. In this case only one part of the definition had been satisfied, and even though the blade was less than three inches long, the Court decided that this was NOT such a knife and as such was prohibited by the legislation.

List of offensive weapons

STATUTORY INSTRUMENTS
1988 No. 2019
CRIMINAL LAW, ENGLAND AND WALES CRIMINAL LAW, NORTHERN IRELAND CRIMINAL LAW, SCOTLAND

The Criminal Justice Act 1988 (Offensive Weapons) Order 1988

Made 17th November 1988

Coming into force 18th January 1989

In exercise of the powers conferred upon me by section 141(2) of the Criminal Justice Act 1988[1] , a draft of this instrument having been laid before Parliament and having been approved by each House of Parliament, I hereby make the following Order:

1. This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 and shall come into force two months after the day on which it is made.

2. The Schedule to this Order shall have effect.
Douglas Hurd

One of Her Majesty's Principal Secretaries of State Home Office

17th November 1988

SCHEDULE

Article 2

1. Section 141 of the Criminal Justice Act 1988 (offensive weapons) shall apply to the following descriptions of weapons, other than weapons of those descriptions which are antiques for the purposes of this Schedule:

Quote:

(a) a knuckleduster, that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster; (b) a swordstick, that is, a hollow walking-stick or cane containing a blade which may be used as a sword; (c) the weapon sometimes known as a "handclaw", being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand; (d) the weapon sometimes known as a "belt buckle knife" , being a buckle which incorporates or conceals a knife; (e) the weapon sometimes known as a "push dagger", being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers; (f) the weapon sometimes known as a "hollow kubotan" , being a cylindrical container containing a number of sharp spikes; (g) the weapon sometimes known as a "footclaw", being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot; (h) the weapon sometimes known as a "shuriken", "shaken" or "death star", being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown; (i) the weapon sometimes known as a "balisong" or "butterfly knife", being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade; (j) the weapon sometimes known as a "telescopic truncheon", being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle; (k) the weapon sometimes known as a "blowpipe" or "blow gun", being a hollow tube out of which hard pellets or darts are shot by the use of breath; (l) the weapon sometimes known as a "kusari gama", being a length of rope, cord, wire or chain fastened at one end to a sickle; (m) the weapon sometimes known as a "kyoketsu shoge", being a length of rope, cord, wire or chain fastened at one end to a hooked knife; (n) the weapon sometimes known as a "manrikigusari" or "kusari", being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip;

2. For the purposes of this Schedule, a weapon is an antique if it was manufactured more than 100 years before the date of any offence alleged to have been committed in respect of that weapon under subsection (1) of the said section 141 or section 50(2) or (3) of the Customs and Excise Management Act 1979[2] (improper importation).
Notes:

[2] 1979 c.

2002 Update

2. This Order extends to England, Wales and Northern Ireland only.

3. The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988[2], which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988, shall be amended by the insertion into paragraph 1 of that Schedule after sub-paragraph (n) the words -
" (o) a disguised knife, that is any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone).".

John Denham
Minister of State
Home Office
22nd June 2002

Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988
3. - (1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988[2], (which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988), shall be amended by the insertion into paragraph 1 of that Schedule after sub-paragraph (o) the following:
" (p) a stealth knife, that is a knife or spike, which has a blade, or sharp point, made from a material that is not readily detectable by apparatus used for detecting metal and which is not designed for domestic use or for use in the processing, preparation or consumption of food or as a toy;
(q) a straight, side-handled or friction-lock truncheon (sometimes known as a baton)."

Hazel Blears
Minister of State
Home Office
5th May 2004
Originally from Office of Public Sector Information