Jon Pickett said:
Just one last question.........If it is legal to carry a sub 3" non locking blade, then why are you likely to be arrested at the pub or a footie match. Do you still need a good reason for carrying any small blade ?.................Jon
No, Jon you dont need a good reason to carry a sub 3" none locking knife. It is legal to carry just because you feel like it.
But section 139 isnt the only law that applies to knives.
The most likely law that will also apply is section 1 of the 1953 prevention of crime act.
1:-
(1) Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence . . .
(4) In this section ..."offensive weapon" means any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.
This means anything that could be used as a weapon, is potentially arrestable. If you carry a baseball bat into an argument, and a police officer saw you, you may get arrested for carrying an offensive weapon - but it's just a baseball bat right?
Well, yes it is, but it's the
context which turns it into an offensive weapon or potential offensive weapon.
If you are playing baseball, it's just a bat. If you are in a gang fight, it's an offensive weapon. If you strike someone with it, it's an offensive weapon.
The act apllies to knives.
If you take an otherwise legal knife into a fight, it becomes an offensive weapon. If you assault someone with a sak, it becomes an offensive weapon. If you turn up to a dodgy situation carrying one in your pocket and get searched, the police officer will think your
intention it to use as an offensive weapon (he doesnt need to prove it to arrest you for it).
In order to be arrested for posession of an offensive weapon, the officer either needs to see you brandishing the weapon or have good reason to think that you are carrying an item with intent to use an an offensive weapon. Knives at football matches and nightclubs pretty much immediately fall into this category. Why would you want a knife at a nightclub or football match if not to use as a weapon?
That is sufficiently good enough of a question, to get pretty much anyone doing it arrested and take to the nick to offer an explanation.
So yes, a knife with a blade under 3" and doesnt lock, you can carry with you just because you feel like it. But it doesnt absolve you from responsibility. You still need to be aware of the context in which you are carrying a knife, because you can still be arrested for posession of an offensive weapon if the circumstances throw that kind of light on it (nightclubs, footie matches, pubs etc).
You'll get very little sympathy from the police for carrying a knife into volatile crowded situations, especially where alcohol may be involved. You could get arrested for carrying almost anything with any kind of blade.