This fact Sheet is not meant to be an accurate statement of the law, but to offer guidance only.
You would not be able to rely on it to provide a defence to any criminal charge or civil claim.
Self Defence
The most important point to remember in the use of self-defence is to ask if what you are doing is reasonable.
The Criminal Law Act 1967 says that you may use reasonable force depending on the circumstances, to prevent crime or arrest an offender.
If you are attacked you may defend yourself, but you may only do what is reasonably necessary. You are entitled to defend your family, servant, master, and even a stranger and his property, but where a person is merely trespassing without using force, the trespasser must be requested to leave before hands are laid on him and no more force than is necessary may be used to remove him.
In the case of self-defence it is also good advice for you to show that you did not want to fight. In most circumstances you must show that you are prepared to withdraw from the situation.
The Use of Barbed Wire
Barbed wire may be used to defend your property, but the law puts certain restrictions on its use.
Section 164 Highways Act 1980 says that where on land adjoining a highway there is a fence made with barbed wire in or on it and the wire is a nuisance to the highway, a notice may be issued by the Local Authority for the nuisance to be removed.
Being a nuisance means that it is likely to cause injury to people or animals using the highway. In practice, most Local Authority Highways Departments usually consider that barbed wire lower than eight feet from the ground could be a nuisance to highway users.
The term “Barbed Wire” means anything with spikes or jagged projections, so would also include the wooden carpet gripper strips which have nails sticking up through the wood.
If the barbed wire is not adjoining the highway and an injury results, you could still be faced with a claim for damages under the Occupier Liability Acts. Occupiers of premises have a duty of care, to people entering or using their premises. This duty even extends to trespassers, although it is not as extensive as it is to people lawfully using or visiting the premises. So a burglar, who could not be aware that barbed wire was on top of a fence and injured himself on it, could have a claim against you despite the fact that he was a trespasser.
If you wish to have some sort of barbed wire protecting your property, it may be a good idea to check with your home insurance company that they would cover you in the event of a person claiming for an injury caused. It is for these reasons that most residents prefer to use Mother Nature’s own barbed wire, a prickly bush, climbing rose or similar.
Knives
Below is a list of frequently asked questions about carrying knives as a form of self defence.
- Can I carry a knife with me?
Not unless you have a good reason to - like for use at work or religious purposes. If the police prosecute you for carrying a knife in public or at school, you’ll have to prove that you were carrying it for a good reason. A knife in the wrong hands can be used to maim or even kill.
- Can I buy a knife?
From 1 January 1997 a shopkeeper will be breaking the law if he sells a knife to anyone under 16 - so he will be on the lookout for anyone he thinks is under age.
- How old do I have to be to carry a knife?
If doesn’t matter how old you are; you could still be committing a serious offence.
- What if I carry a small pocketknife?
If the blade is under 7.6 cm you will not be charged with simple possession. But the police may feel you are carrying an offensive weapon and prosecute you under a different law.
- What would happen if I do carry a knife?
If you don’t have a good reason to be carrying it you will have committed a serious criminal offence.
- Can I go to prison just for carrying a knife?
Yes, for up to two years.
- Is it only knives, or are there other sharp things I am not allowed to carry?
It’s an offence to have any article with a blade or sharp point in public without good reason.
- I can use knives in the kitchen, so why can’t I use them outside the house?
You can. The offence, under Section 139 Criminal Justice Act 1988, is that of carrying a knife in public without good reason (see Q1)
- What if I have to buy a kitchen knife from a shop for my Mum/Dad?
From 1 January 1997, if you are under 16 you will not be able to do this. Have an adult with you.
- What should I do if a friend tells me to carry a knife?
Don’t! Not only do you risk committing a serious criminal offence simply by carrying the knife, but you could also end up being responsible for someone getting seriously hurt.
- Can I carry a knife to protect myself from people who attack me in the street or playground?
No. The law does not allow you to carry a knife or any other weapon for self-defence.
- My friends carry knives - they’ll laugh at me if I don’t.
Carrying a knife without good reason is plain stupid. If you give into pressure, the result could well be far worse than being laughed at. They might feel tough with a knife. In fact they are sad cowards.
- I hide my knife in my pocket and the police won’t even know I’ve got it, so how can they stop me?
The police have special powers to stop and search people for knives, and these powers are going to be made even wider. Hiding a knife provides no real protection against being caught.
- I get bullied at school and my knife is the only protection.
Tell a parent or teacher you trust - carrying a knife is not the answer and will only make it worse.
- I like my knife and I like having it with me and playing with it - I’d never use it to hurt somebody.
You are committing a serious criminal offence if you do this in public or on school premises. Knives are potentially lethal, and the law comes down heavily on anyone who carries one without a good reason.
