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Carrying Dangerous Articles in Public Places

by Neil J Harbinson B.A. (Hons) Scout Leader of 19th Maidenhead Troop
Revised version May 1998

This Advice is intended as a summary of the law relating to the carrying of knives and similar articles in public places. It also refers to legislation concerning the sale of such items to the public. I have made no reference to legislation affecting crossbows or firearms specifically. This Advice is intended to be an aid to those in the Scouting movement who use such items regularly or who work in Scout shops where they are sold. This Advice may also assist young people in the Scout movement and their parents. The law is stated as at 1st March 1998.

The law concerning the carrying of knives and other instruments with blades is defined in Section 1 of the Prevention of Crime Act 1953 and in Section 139 of the Criminal Justice Act 1988. The Offensive Weapons Act 1996 also applies to the carrying of knives in schools.

Prevention of Crime Act 1953 s.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.

Important points concerning the Prevention of Crime Act 1953 s.1:-

  • This offence involves the carrying of a weapon in a public place. A public place is defined as anywhere where the public have or may be permitted to have access whether for payment or not.It is important to define what is meant by an offensive weapon. The Act defines what they are :-

    (a) articles that were made for causing injury to a person and are offensive weapons in their own right (for example, a flick knife, a bayonet or a hand gun)
    N.B. some sheath knives would be considered to be offensive weapons in their own right. It all depends on the design of the article in question and it is for the jury to decide whether it is an offensive weapon in each individual case. The courts have decided that certain other types of articles (e.g.. flick knives) ARE offensive weapons in their own right. Lock knives and pen knives are NOT offensive weapons in their own right.
    (b) articles adapted for use for causing injury to a person (for example, a bottle that has been broken so the broken end may be used to cause injury)
    (c) an article being carried by a person who intends to use it to cause injury (for example, a hammer)

  • A person who has a good reason (reasonable excuse) or lawful authority for carrying the offensive weapon is not committing a crime. However the onus of proof is on the person carrying the weapon to show that they were carrying it with an innocent purpose. The reasonable excuse (or lawful authority) must be identified with the carrying of the weapon, and not with its use. Carrying an offensive weapon for "self defence" in case of attack is not a reasonable excuse. It is not a reasonable excuse to be carrying the weapon because you had been using the article for an innocent purpose earlier and had forgotten to put it away afterwards.

  • In the following situations the courts agreed that the person carrying the offensive weapon had reasonable excuse:
    (a) a person who had a machete and a catapult with him to kill grey squirrels that he would use to feed his birds of prey that he kept under licence
    (b) the weapon was being carried as part of fancy dress by someone going to a fancy dress party. There are many other similar situations when carrying an offensive weapon would be permissible. On Scout camps you would probably be considered as having a reasonable excuse if you were carrying, say, a sheath knife or a machete to use to make camp gadgets. However carrying such an article on camp (if a public place) without such a purpose or for any other good reason would be against the law.

  • Lawful authority is a reference to those people who carry weapons as a matter of duty such as a soldier with a rifle or a policeman with a truncheon.

  • The maximum penalty for a conviction of this offence is 4 years imprisonment for offences committed after 4 July 1996 and 2 years for offences committed before then.

  • Age is not a relevant factor so far as this offence is concerned. The only important point to remember is that children under the age of 10 are deemed not to be capable of committing crime. They are below the age of criminal responsibility.

Section 139(1) of the Criminal Justice Act 1988

This provision makes it an offence for a person to carry an article with a blade or a point in a public place unless they can prove any of the following:-
  • That they had lawful authority or reasonable excuse for carrying it
  • That they were carrying the article for use at work
  • That they were carrying it for religious reasons
  • That they were carrying it as part of national costume
This offence is punishable by a maximum of 2 years imprisonment for offences committed after 4 July 1996 and a fine only for offences committed before then.

Please note the following points:-

  • Folding pocket knives with blades not exceeding 3 inches are exempt from this provision. This means that it is not an offence to carry a pen knife around with you. Age is not a material factor in any respect - anyone can own or carry a penknife no matter what age they are. The only occasion when the police would take action would be if the person is using the penknife illegally such as to cause criminal damage or to injure someone.

  • Lock knives with blades of any length and folding pocket knives with blades exceeding 3 inches are covered by this provision together with any other article that has a blade or is sharply pointed, such as a stanley knife.

  • Carrying an article with a blade or a point for "self defence" in case of attack does not constitute a reasonable excuse, nor is it a reasonable excuse to be carrying it because you had been using it for a job earlier and had forgotten to put it away afterwards.

Having an article with a blade or a point or an offensive weapon on school premises

Since September 1996 it has been an offence to carry such an article while on school premises. T he offence was created by Section 4 of the Offensive Weapons Act 1996.
The same four defences apply as to offences contrary to Section 139(1) of the Criminal Justice Act 1988 as outlined above. Further, the provision does not affect the carrying of pocket folding knives with blades less than 3 inches in length. In other words it is still perfectly legal to carry an ordinary penknife on school premises, just as it is anywhere else.

Sale and hire of dangerous weapons

It has long been a criminal offence to sell or hire certain types of offensive weapons to the public. These items include flick knives, knuckle dusters and blow pipes. Recently it has also become an offence to market knives in such a way that indicates they are suitable for combat or that would otherwise encourage the use of such knives as a weapon. (See the Knives Act 1997). However certain defences specified in the Act may apply.

It is also now a criminal offence to sell the following items to people under the age of sixteen: (a) any knife, knife blade or razor blade (but see the note below)
(b) any axe
(c) any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person

These offences were created by section 6 of The Offensive Weapons Act 1996.

Please note - folding pocket knives with blades less than 3 inches in length are again not affected under this legislation. It is not an offence to sell such a knife to a person under 16 years old. Razor blades permanently enclosed in a cartridge or housing exposing less than 2 millimetres of the blade (e.g. an ordinary disposable razor) are also not affected.

The rules of the Scout Association concerning the carrying of knives

Rule 47.3 of Policy Organisation and Rules states “Knives may not be worn with uniform”. In the absence of any further guidance on the matter, this has been widely interpreted to mean that knives may not be carried as part of uniform. Scouts were of course at one time required to carry a sheath knife on their belt as part of their uniform but this is now no longer the case. Accordingly there is no bar against Scouts carrying knives while in uniform provided that they do so discreetly and in accordance with the law.

Carrying of dangerous articles in a public place

  1. Is the object being carried in a public place or on school premises?
    Yes. Go to question 2
    No. No crime has been committed

  2. Was the object made for use for causing injury to a person?
    Yes. Go to question 5 (unless the article is being carried on school premises in which case go to question 7)
    No. Go to question 3

  3. Has the object been adapted for use for causing injury to a person?
    Yes. Go to question 5 (unless the article is being carried on school premises in which case go to question 7)
    No. Go to question 4

  4. Does the person carrying the article intend to use it to cause injury to a person?
    Yes. Go to question 5 (unless the article is being carried on school premises in which case go to question 7)
    No. Go to question 6

  5. Does the person have lawful authority or reasonable excuse for carrying the offensive weapon?
    Yes. The person is not guilty of any offence contrary to the Prevention of Crime Act 1953 Section 1
    No. The person has committed an offence contrary to the Prevention of Crime Act 1953

  6. Is the object an instrument with a blade or a point (excluding folding pocket knives with blades less than 3 inches in length)?
    Yes. Go to question 7
    No. No offence has been committed.

  7. Does the person have lawful authority or reasonable excuse for carrying it or are they carrying it for use at their work or are they carrying it for religious reasons or are they carrying it as part of any national costume?
    Yes. No offence has been committed.
    No. The person has committed an offence contrary to the Criminal Justice Act 1988 Section 139, Section 139A and/or Offensive Weapons Act 1996
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