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Let us start with knives as they are the most important but also most 'misunderstood' piece of edged kit that all bushcrafters carry; sorry axe fans, I am from the knife forum!
Firstly there are very few completely illegal knives. The Restriction of Offensive Weapons Act 1959 banned the carrying, manufacture, sale, purchase, hire or lending of 'flick-knives' (knives operated by a button or spring on the handle, also called switchblades or automatic knives) and 'gravity knives' (knives which drop open through gravity when a mechanism releases it. If you have one I will dispose of this rare and unusual item for you for a reasonable fee!). A succession of cases has also decided that an automatic knife is an offensive weapon full stop. You may keep one you already have in your home but that's it. Obviously an automatic knife has few bushcraft applications but it is worth recognising the seriousness with which the law treats them. Carry one and if caught you will go to prison.
The Criminal Justice Act 1988 also contains a list of prohibited martial arts style weapons. Most are of little interest in a bushcraft context but you need to know that ‘balisongs’ or butterfly knives (where two split handles swing like wings around the knife to close or open it.) are as illegal as automatic knives; a shame as they provide perhaps the most secure of all folding knives.
Before we get on to knives in general it is probably worth mentioning the 'combat knife'. Many people believe that there is a particular type of knife, called a combat knife that is illegal. I know from my own experience that people worry about ex-military kit or military knives bought from overseas. In fact all that is illegal is the selling or marketing of any knife as a combat or fighting knife. There is no law against ownership or possession of such knives other than the range of laws discussed here in this article. Should you have any sort of combat or military knife it is as legal (or not) as any other. The majority of such knives are now marketed and sold as 'survival' knives; the ones with the compass and fishing line in the handle that you can get on *** Gelöscht. Hinweise auf Internet-Auktions-Plattformen sind im Messerforum nicht erwünscht. *** for £15.00. There are also some genuine military Aircrew variants, and the knives made by Jimmy Lile that were used in the 'Rambo' films. Authentic Liles sell for over £1000 so if you have one leave it at home for financial reasons! If you use any of these and they work for you then you are quite legal, as long as you have that all important 'good reason' for carrying it. However there are undoubtedly much better knives for bushcraft, particularly the Scandinavian style, such as a puukko but that is beyond the remit of this article.
It is the Criminal Justice Act 1988 that most significantly affects the carrying of knives in the UK.
Simply put it is an offence under section 139 of the Act to carry an article with a blade or sharp point in a public place. A folding pocket knife is not included, so long as the cutting edge is under three inches. In practical terms it is best to take 'cutting edge' as meaning the whole blade, sharp or not. Until the court cases of Harris (1993) and Deegan (1998), a three inch blade locking folding knife was considered legal to carry.
Unfortunately in these two cases it was held that a knife that could not be closed without releasing a lock was in law a fixed blade knife and hence illegal to carry. Those of you who visit
www.britishblades.com will know that it is this question of lock knives that we are just a little obsessive about. There isn't really any way around this restriction however.
The position that we start from then is that all fixed blade (sheath knife style) knives, all locking folders and all folders with a blade over three inches long are illegal to carry on a daily basis. This means that a regular Swiss Army Knife, penknife, smokers knife etc are perfectly OK to have on you at all times.
However the law is there to punish the bad guys, not to criminalise the rest of us, and this is why the bushcraft community, who use their knives and other tools in a specific context of lawful outdoor pursuits have little to fear from the law. Two specific defences are provided by the Act and these are very important as they can provide the excuse you need towards a Police officer or in the very unlikely event of ending up in court on a charge under s139.
Under section139 (4) it is a defence for the accused to show they have good reason or lawful authority to carry the knife in a public place.
Secondly under section139 (5) it is a defence to prove the knife is carried for work, for religious reasons or as part of national costume.
So anyone who legitimately requires a knife for work has an defence under s139 (5). That covers literally anybody who can say they require a knife to do their job. However unless you are a Sikh or wear a kilt it is likely to be s139 (4) that provides you with an excuse should a knife you are carrying be challenged by a Police officer. As long as you can provide a 'good reason' you are allowed to carry what you want. It is the question of what amounts to a good reason that causes problems for the average person on a normal day; however this is not the case for someone involved in bushcraft. Involvement in almost any lawful bushcraft activity would be a 'good reason' in the eyes of the law. It is impractical if not impossible to do most bushcraft without a knife or blade of some sort. As the Act includes 'any article which has a blade or is sharply pointed' it extends to the other edged tools used in bushcraft; axes, machetes, billhooks, scythes etc. As long as you have a good reason you are allowed to carry and use these articles.
So, to reiterate:. No knives, other than non-locking folders with a blade under three inches should be carried by anybody on a daily basis unless you need it for work, for your religion, for your national costume or you can supply some other good legitimate good reason. If you have such a good reason, for example heading to the wooded hills for a weekend away from the modern world then you are quite within the law to carry almost anything with a blade or a point
Clearly the exercise of common sense is important here. Keep all fixed blade knives and axes in a bag until you get to your outdoor destination. Don't have sheath knives, machetes or axes on your belt or pack in inhabited areas, or keep them as discreet as possible in the case of small villages if passing through. Even when you are outdoors, refrain from waving knives and axes around and don't mix blades and alcohol. Even the most bushcraft friendly Police officer will have a problem with someone chucking an axe at a tree after half a bottle of Scotch, however far from civilisation you might be. Believe me. Although if you are in the hills between Bwlchgwyn and Llangollen the Constable may just join in!
Lastly there is the important question of what the law considers as a 'public place'. The Prevention of Crime Act 1953 section 1(4) provides that;
'a public place includes any highway and any other premises to which the public have or are permitted to have access, whether on payment or otherwise'
This definition has been discussed in numerous court cases and an exact definition has proven evasive. The current position is contained in, amongst others, Knox v Anderton (1982). Here the court held that a 'public place' included premises to which the public could gain access without hindrance, barriers or notices restricting access
To bushcrafters this may mean that unfenced private land might count as a public place for purposes of the restrictions discussed in this article. However as long as you are involved in a lawful bushcraft activity then the precise status of the land may be unimportant. If you are staging an axe throwing contest then ensure the land is private and put up a notice to that effect!
It is important to note that whereas you may regard your vehicle as an extension of your home, the law does not. Your vehicle is a public place in the eyes of the law. This means that it is inadvisable to leave knives, axes etc in your vehicle unattended. It is not impossible that an over enthusiastic officer might decide to make life difficult for you. So keep them out of sight.