Offensive weapons and knives
In Scotland it is an offence to have an offensive weapon in a public place (section 47) or an article with a blade or sharp point in a public place (section 49) without a reasonable excuse or lawful authority. Folding pocketknives with a blade of 3 inches or less are exempt. Both carry up to 5 years.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Carrying an offensive weapon, Having a bladed or pointed article in public, Knife crime |
|---|---|
| The law | Criminal Law (Consolidation) (Scotland) Act 1995, sections 47 and 49 |
| Where it is tried | prosecuted either under summary procedure in the sheriff court or under solemn procedure before a sheriff and jury, depending on the circumstances and the accused's record. |
| Maximum penalty | Sections 47 and 49: on indictment, up to 5 years' imprisonment and/or an unlimited fine; on summary conviction, up to 12 months and/or a fine of up to £10,000. Having a bladed article or offensive weapon on school premises (section 49A) also carries up to 5 years. Possessing a prohibited weapon, such as a zombie-style knife, in private is a separate offence under section 141 of the Criminal Justice Act 1988. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The accused had the article with them, meaning they knowingly had it in their possession or control.
- They were in a public place, which means anywhere other than domestic premises, school premises or a prison (separate offences cover schools and prisons).
- For section 47: the article was an offensive weapon, meaning made or adapted for causing injury, or intended by the person carrying it to be used to cause injury.
- For section 49: the article had a blade or was sharply pointed, and was not a folding pocketknife with a cutting edge of 3 inches (7.62cm) or less.
Defences and common issues
- Reasonable excuse or lawful authority, for example carrying a tool to or from work, or taking a newly bought kitchen knife straight home.
- For bladed articles: having it for use at work, for religious reasons or as part of national costume (section 49(5)), such as a kirpan or a sgian-dubh.
- Lack of knowledge that the article was there, or that the place was not a public place.
- For section 47 items not made or adapted to cause injury: the accused did not intend to use it to cause injury.
Frequently asked questions
Is it legal to carry a knife in Scotland?
Generally only a folding pocketknife with a cutting edge of 3 inches (7.62cm) or less can be carried in public without needing a reason. Any other article with a blade or sharp point, such as a kitchen knife, a fixed-blade knife, a lock knife or a screwdriver with a sharp point, is an offence under section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 unless you can show a reasonable excuse or lawful authority. Using a knife at work, for religious reasons or as national costume are recognised excuses.
Can I carry a knife or weapon for self-defence in Scotland?
Generally no. Carrying a knife or weapon routinely just in case you are attacked is not normally accepted as a reasonable excuse, even if you feel unsafe. The courts have occasionally accepted a genuine and immediate threat as an excuse, but this is rare and depends on the facts. Anyone who uses a weapon to defend themselves must also act within the limits of self-defence. A solicitor can advise whether any excuse might apply in a particular case.
What counts as an offensive weapon in Scotland?
Under section 47, an offensive weapon is any article made or adapted to cause injury, or intended by the person carrying it to be used to cause injury. Items made to cause injury include knuckledusters and flick knives. Adapted items include a broken bottle or a sharpened comb. Everyday objects, such as a baseball bat or a hammer, become offensive weapons if the person intends to use them to injure someone, which the prosecution must prove.
Can police search me for a knife in Scotland?
Yes, if they have reasonable grounds to suspect you are carrying an offensive weapon or a bladed or pointed article in a public place. The Criminal Law (Consolidation) (Scotland) Act 1995 lets a constable search you without a warrant and detain you for the search, and they must tell you why. In Scotland police cannot search a person who is not in custody without a specific legal power or a warrant, so voluntary or consensual searches are not allowed. Obstructing a lawful search is an offence.
What are the penalties for carrying a knife in Scotland?
Having an offensive weapon or a bladed or pointed article in public carries up to 5 years' imprisonment on indictment, or up to 12 months under summary procedure. The same maximum of 5 years applies on school premises. Courts treat knife carrying seriously, and prison is possible even for a first offence. Possessing certain banned weapons at home is a separate offence under section 141 of the Criminal Justice Act 1988. The Crime and Policing Act 2026 will increase that offence's maximum to 2 years, but this was not yet in force at the time of writing.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Law (Consolidation) (Scotland) Act 1995, section 47
- Criminal Law (Consolidation) (Scotland) Act 1995, section 49
- Criminal Law (Consolidation) (Scotland) Act 1995, section 48 (search for offensive weapons)
- Criminal Justice Act 1988, section 141
- Crime and Policing Act 2026, section 29 (prospective)
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