Is it legal ?

jamesm

jamesm

Well-known member
After the issue with the idiot on the pier with the knife and pistol I got to thinking is it legal for me to have a 6 inch knife in my fishing box ? I know most of us who fish seriously carry one with us ,and we are not going to brandish it in angry. It is purely for the use of filleting fish .
But the law is the law and i am sure you are not allowed to carry a pocket knife over a certain length (if at all) ,let alone a 6 inch razor sharp knife .
How would a random search end up at 2am in the morning as we head home ?
be interested in your opinions on this .
Cheers
 
You would of thought they'd have to have a reason for a stop and search anyways? Circumstance would say you're unlikely to get nicked if its tucked away in your box and they can clearly see you've been fishing
 
as long as the filleting knife is inside your tackle box in a sheath and not carried on your person I would think it is ok ?.
all sea anglers have a knife to fillet fish and to cut up bait , and they tend to be more than 6ins in length, they don't take them to threaten people.
any knife carried on your person is a offensive weapon these days .
I am not a police officer best thing to do is ask at the local police station if its open ? or ask any police officer.
I am sure there are a number of police officers or retired police offices on nesa that can give you some advice on this subject.
 
Have a google of offensive weapon and bladed and pointed articles legislation mate. They are both short pieces and make up your mind.... Either that or contact the local police station. A knife clearly used in conjunction with fishing an tucked up in a fishing box in my opinion is perfectly fine and lies within what's allowed in law.
 
Last edited:
loopy said:
Legal Issues of Carrying Knives for Fishing | Britishseafishing.co.uk
Click to expand...

Thats a good article Loopy , although as per usual with the law it has very grey areas . Appears i can take a flick Knife fishing with me !!!!!!!
I understand that the knife should be stored correctly when not in use , and not kept on a belt . I have to share a memory of scout camp in the early 80s when we all had sheath knives with us and the leader had his on his belt all week .
Anyone want to give 20+ 14 year olds a blade ?
 
jamesm said:
Thats a good article Loopy , although as per usual with the law it has very grey areas . Appears i can take a flick Knife fishing with me !!!!!!!
I understand that the knife should be stored correctly when not in use , and not kept on a belt . I have to share a memory of scout camp in the early 80s when we all had sheath knives with us and the leader had his on his belt all week .
Anyone want to give 20+ 14 year olds a blade ?
Click to expand...

A Flick knife is an illegal weapon,the same as a Butterfly knife.
So you would be done for carrying it wherever you are.
 
I was stopped and searched on the south shields metro some 17 years ago and my knife was removed from my tackle bag, once i explained what it was far and the fact i had a tackle bag and rods etc the policeman gave me it back but told me to put it in the bottom of my bag, rules may of changed but that was my experiance.
 
jamesm said:
You very right Bushwhacker , i have read the link to quick

I
Click to expand...
Flick knife, lock knife and butterfly knives are both classified as an offensive wepon per say along with other stuff such as samurai swords etc... Pretty much no excuse in law to be found carrying one. Anything carried with an intention of being used against someone else could be classed as an offensive wepon though (ie: table leg with the intent to smack someone over the head!)

Bladed and pointed articles (which is the bit that covers fishing knives pretty much) ... Covers all knives including penknives (if their blade is 3" or more). If found with one it is up to you to prove you have it for a reasonable purpose or lawful excuse. Ie: if its sheathed and in your box whilst fishing I'd say that is for a reasonable purpose. Don't think you would find many cops locking you up mate unless you waving it about. Why not ring up the local nick and ask the question?
 
In the eyes of the law you are breaking it but as already said if you have it in your box and haven't been waving it around like a exta from highlander:o you will be ok but on the other hand do you need a 6" fillet knife with you when a pair of scissors and nail clippers even a small bladed legal carry knife will do as you can do your filleting back at home;)
 
I fillet fish bait at the bankside myself quite often mind, so to carry a filleting knife is pretty much essential. Thanks for the clarification on this point lads.
 
Phil83 said:
You would of thought they'd have to have a reason for a stop and search anyways? Circumstance would say you're unlikely to get nicked if its tucked away in your box and they can clearly see you've been fishing
Click to expand...

was on pier one day when 2 police mebn came to endand we asked abot knife issues and said as long as out of way , bottom fo boox and used for filletin it ok
 
saltysam said:
In the eyes of the law you are breaking it but as already said if you have it in your box and haven't been waving it around like a exta from highlander:o you will be ok but on the other hand do you need a 6" fillet knife with you when a pair of scissors and nail clippers even a small bladed legal carry knife will do as you can do your filleting back at home;)
Click to expand...

I use a pair of scissors for my snoods, perfectly adequate, but Rod carries an extremely sharp filleting knife so he can fillet our fish on the rock ends. It means everything we keep goes in a sealed plastic container and all the waste is returned, below the low water mark, as a feed for the scavengers. Couldn't see us old timers carrying 40 odd pound of fish over the rocks and up the cliff, back to the car.

As an aside, one of the codling we caught had a half digested backbone sticking out of it's stomach, when gutted, presumably from one of the days before.
 
You would not have any bother if stopped with a knife in your tackle box - its legal.
A weird (real) example is of a chef who walks to work with his/her knives in their pocket, that would be legal. So although there is no example of a fisherman in legislation, I would imagine the same principle applies.
 
Some good conversation and good points lads . Was just a thought that started it . Just Like to stress i am a responsible fisherman and wear my nesa shirt with pride , im not a knife wielding maniac lol .

I think my last thoughts on the subject would be some thing my dad told me when i was 14 ......... Never wave your dagger in public and make sure it is always sheathed ..................
 
I always thought it's ok as long as you've got reason to have it. The same as lads who go shooting if they get pulled over and thier guns are in the car.
 
Case law

Case law

Remember the law is not always straight forward and english law is often qualified by case law. Take reasonable excuse, you have a multi tool that locks, it is strictly speaking illegal to possess (locking blade), circumstances could allow that you have to allow the courts to make the judgement (you get nicked) and it will then become case law (you are acquitted or found guilty according to the circumstances).Like all English law nothing is simple from memory there are at least 5 or six different sets of legislation going back to 1953, up to the present day.

Some case law judgements
"Obviously there is force in the view that Parliament really should not have brought what used to be called pen knives which have devices for locking the blades for reasons of safety, within the penal provisions of the Statute. A carrier of such should, it can be said, not have been required by Parliament to provide a "good reason" for having the article with him. However, it seems to us that "folding" in its ordinary meaning, means "foldable" at all times without the intervention of some further process, namely the pressing of a button or release of a catch, and that if any form of "lock knives" are to be brought outside the legislation, that will need clearer definition..."

"Accordingly we would dismiss the appeal.
Application for leave to appeal to the House of Lords refused, but point of general public importance certified as follows:
'That the article 'a folding pocket knife' as mentioned in section 139(2) Criminal Justice Act 1988 as being an exemption subject to subsection (3) to the offence made by section 139(1) means a knife that has a blade that folds, whether or not it (the blade) is capable of being opened and locked into an open position and equally capable of being folded once the mechanism had been operated to unlock the blade."

So that final judgement, despite maintaining the offence of possession of a locking folding pocketknife, seemed to suggest that the unquestioned possession of such a knife should not be an offence.

Simples !
 

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