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A '''folding pocket knife''' is a knife with a blade that folds into the handle. In England and Wales, the phrase matters because section 139 of the [[Criminal Justice Act 1988]] excludes a folding pocket knife from the public-place bladed article offence, unless the cutting edge of its blade exceeds 3 inches.
	A '''folding pocket knife''' is a knife with a blade that folds into the handle. In England and Wales, the phrase is important because section 139 of the [[Criminal Justice Act 1988]] excludes a folding pocket knife from the public-place bladed article offence unless the cutting edge of its blade exceeds 3 inches.

The everyday shorthand "legal pocket knife" is only partly accurate. A small non-locking folding knife may be outside section 139, but it can still be treated as an [[Offensive weapon\|offensive weapon]] if carried or used for causing injury.
	The everyday phrase "legal pocket knife" is only partly accurate. A small non-locking folding knife may fall outside section 139, but it can still become an [[Offensive weapon\|offensive weapon]] if it is carried or used for causing injury. The facts around possession, use, place and intent matter.

== Section 139 Exception ==	== Section 139 Exception ==
Section 139 applies to articles with a blade or sharp point in public. It does not apply to a folding pocket knife unless the cutting edge exceeds 3 inches.
	Section 139 applies to articles with a blade or sharp point in a public place. It does not apply to a folding pocket knife unless the cutting edge exceeds 3 inches.

The key points are:
	The usual points are:

* The knife must fold.	* The knife must fold.
* The blade must not lock open.	* The blade must not lock open.
* The cutting edge must not exceed 3 inches.	* The cutting edge must not exceed 3 inches.
* The exception only concerns section 139. It does not excuse threats, assault, possession in restricted places, or intent to use the knife as a weapon.	* The exception only concerns section 139. It does not excuse threats, assault, possession in restricted places, or intent to use the knife as a weapon.

== Lock Knives ==	== Lock Knives ==
A lock knife is not usually treated as a folding pocket knife for section 139. The reason is practical: once locked, the blade is not immediately foldable at all times. A lock knife in public therefore usually needs a good reason or lawful authority, even if the blade is short.
	A lock knife is not usually treated as a folding pocket knife for section 139. Once locked, the blade is not immediately foldable at all times. A lock knife in public normally needs a good reason or lawful authority, even if the blade is short.

	The Crown Prosecution Service guidance treats a folding pocket knife separately from other bladed articles, but it also makes clear that lock knives do not benefit from the simple pocket-knife exception in the same way.

== Measuring the Blade ==	== Measuring the Blade ==
The statutory wording refers to the cutting edge, not necessarily the whole visible metal blade. A person relying on the exception should be able to explain the measurement clearly. If the blade is close to 3 inches, the practical risk of dispute increases.
	The statutory wording refers to the cutting edge. This is not always the same as the whole visible metal blade, because a blade may have an unsharpened ricasso or other non-cutting area near the handle.

	A person relying on the exception should be able to explain the measurement clearly. If the cutting edge is close to 3 inches, the practical risk of dispute is higher.

== Ordinary Uses ==	== Ordinary Uses ==
Small folding pocket knives are commonly used for ordinary tasks such as opening packaging, cutting string, fishing, camping, light repairs, or outdoor work. Ordinary usefulness is why the section 139 exception exists.
	Small folding pocket knives are commonly used for ordinary tasks such as opening packaging, cutting string, fishing, camping, light repairs, gardening, food preparation outdoors, or other routine work.

That does not mean carrying one is always sensible. Venues, workplaces, schools, courts, airports, licensed premises, private events, and transport operators may have their own rules or may be covered by stricter legal controls.
	Ordinary usefulness is why the section 139 exception exists. It does not mean carrying a knife is always sensible. Workplaces, schools, courts, airports, secure venues, premises with alcohol licences, private events and transport operators may have their own rules or may be covered by stricter controls.

== When It Becomes Risky ==	== When It Becomes Risky ==
A folding pocket knife can create legal risk where:	A folding pocket knife can create legal risk where:

* The blade locks.	* The blade locks.
* The cutting edge exceeds 3 inches.	* The cutting edge exceeds 3 inches.
* It is carried for self-protection rather than ordinary use.	* It is carried for self-protection rather than ordinary use.
* It is displayed during an argument.	* It is displayed during an argument.
* It is used to threaten, intimidate, or injure.
* It is carried into a school, court, airport, secure venue, or other restricted place.
	* It is used to threaten, intimidate or injure.
	* It is carried into a school, court, airport, secure venue or other restricted place.
* Other facts suggest preparation for violence.	* Other facts suggest preparation for violence.

== Self-Defence ==	== Self-Defence ==
Using a lawful pocket knife in self-defence is not judged by a simple rule. If a person is facing a serious attack, the law on [[Self-defence in English law\|self-defence]] and [[Reasonable force]] considers the circumstances as the person honestly believed them to be. A person under attack is not expected to weigh the exact measure of force with calm precision.
	Using a lawful pocket knife in self-defence is not judged by a simple checklist. If a person is facing a serious attack, the law on [[Self-defence in English law\|self-defence]] and [[Reasonable force]] looks at the circumstances as the person honestly believed them to be. A person under attack is not expected to weigh the exact measure of force with calm precision.

That is different from carrying a knife for possible future protection. General fear of being attacked is normally a poor reason for carrying a weapon in public. The distinction is between an item lawfully present for ordinary purposes and an item carried as a weapon from the start.	That is different from carrying a knife for possible future protection. General fear of being attacked is normally a poor reason for carrying a weapon in public. The distinction is between an item lawfully present for ordinary purposes and an item carried as a weapon from the start.

== Practical Examples ==	== Practical Examples ==
=== Lawful Everyday Carry ===	=== Lawful Everyday Carry ===
A person carries a small, non-locking folding knife with a cutting edge under 3 inches for opening parcels and cutting string. On those facts alone, section 139 usually does not apply.	A person carries a small, non-locking folding knife with a cutting edge under 3 inches for opening parcels and cutting string. On those facts alone, section 139 usually does not apply.

=== Same Knife, Different Intent ===	=== Same Knife, Different Intent ===
The same person tells friends they are carrying the knife in case they need to stab someone. The issue changes. The knife may become an intended offensive weapon because of the purpose for which it is carried.	The same person tells friends they are carrying the knife in case they need to stab someone. The issue changes. The knife may become an intended offensive weapon because of the purpose for which it is carried.

=== Lock Knife ===	=== Lock Knife ===
A person carries a locking folding knife in a jacket pocket while shopping, with no work or outdoor reason. The lock means the section 139 folding pocket knife exception is unlikely to apply.	A person carries a locking folding knife in a jacket pocket while shopping, with no work or outdoor reason. The lock means the section 139 folding pocket knife exception is unlikely to apply.

=== Immediate Attack ===	=== Immediate Attack ===
A person is attacked by multiple people and uses an item already lawfully in their possession to escape or stop serious violence. The legal question may focus on reasonable force rather than ordinary possession, but the facts will be examined closely.	A person is attacked by multiple people and uses an item already lawfully in their possession to escape or stop serious violence. The legal question may focus on reasonable force rather than ordinary possession, but the facts will be examined closely.

== See Also ==	== See Also ==
* [[Bladed articles]]	* [[Bladed articles]]
* [[Offensive weapon]]	* [[Offensive weapon]]
* [[Self-defence in English law]]	* [[Self-defence in English law]]
* [[Reasonable force]]	* [[Reasonable force]]
* [[Criminal Justice Act 1988]]	* [[Criminal Justice Act 1988]]

== References ==	== References ==
* [https://www.legislation.gov.uk/ukpga/1988/33/section/139 Criminal Justice Act 1988, section 139]	* [https://www.legislation.gov.uk/ukpga/1988/33/section/139 Criminal Justice Act 1988, section 139]
	* [https://www.gov.uk/buying-carrying-knives GOV.UK: Selling, buying and carrying knives and weapons]
* [https://www.cps.gov.uk/prosecution-guidance/knife-and-other-weapons-offences Crown Prosecution Service: Knife and other weapons offences]	* [https://www.cps.gov.uk/prosecution-guidance/knife-and-other-weapons-offences Crown Prosecution Service: Knife and other weapons offences]
	* [https://www.gov.uk/government/publications/the-offensive-weapons-act-2019/statutory-guidance-offensive-weapons-act-2019-accessible-version Home Office: Offensive Weapons Act 2019 statutory guidance]
* [https://commonslibrary.parliament.uk/research-briefings/sn00330/ House of Commons Library: Knives, offensive weapons and serious violence]	* [https://commonslibrary.parliament.uk/research-briefings/sn00330/ House of Commons Library: Knives, offensive weapons and serious violence]

[[Category:Law]]	[[Category:Law]]
[[Category:Criminal law]]	[[Category:Criminal law]]
[[Category:UK law]]	[[Category:UK law]]