D 0711 Procedure - Police Carriage of Multi-Tools
Number: D 0711
Date Published: 22 March 2024
Version 4 – March 2024
1.0 Summary of Changes
One year review carried out on procedure and EIA, no amendments to be made.
2.0 What this Procedure is about
This procedure details Essex Police’s position on the carriage of multi-tools by:
- Outlining the legal position regarding multi-tools and folding pocketknives;
- Outline liability issues relating to the carriage of multi-tools and pocketknives;
- Outlining the position in relation to the carriage of multi-tools and pocketknives.
Essex Police:
The objectives of this procedure are to:
- Minimise the risk to the public;
- Maximise the safety of Essex Police officers and staff;
- Ensure Essex Police officers are complying with the legal position regarding the carriage of multi-tools and pocketknives.
Compliance with this procedure and any governing policy is mandatory.
3.0 Detail the Procedure
This procedure will detail the legal position on the carriage of multi-tools and pocketknives and give clear guidance to officers that whilst they can carry them, they are reminded of the legal requirement when in possession and its use. This procedure highlights that there is no such lawful authority given to Essex officers to carry a folding knife or locking blade and any such multi-tool that is carried needs to comply with legislation.
3.1 Background
In 2016 the IPCC investigated a Metropolitan Police Service (MPS) officer’s use of force that also involved the use of a multi tool. The multi tool was the officer’s personal property. The blade on the multi tool was longer than 3 inches and was lockable. The MPS policy stated that officers should only use equipment that has been authorised by the MPS. It was raised during the misconduct hearing that a large number of officers were carrying and using their own multi tools that had not been
authorised by the MPS. After the conclusion of the misconduct hearing, enquiries were received by the IOPC (formally IPCC) from other forces, and police federations around the country seeking to clarify the position regarding the use of multi tools by officers.
The IOPC have sought to ensure clarification is provided to all Forces, giving clear guidance/policy to determine the purpose and use of multi tools during the course of an officer’s duty. As a result of this investigation a S28A recommendation has been issued. A Section 28A is a recommendation made by the IOPC following its conclusion of an investigation under Paragraph 28A Schedule 3 Police Reform Act 2002. It gives a published recommendation in this case for clarification to be issued to
all forces regarding guidance on the use and carriage of Multi tools.
The IOPC recommends that the National Police Chiefs' Council (NPCC) should issue national guidance that provides clarity to officers about the carrying and use of multi tools when on duty.
3.2 Legal Standpoint
3.2.1 Knife Legislation
Under section 139 of the Criminal Justice Act 1988 it is illegal to:
- Sell a knife to anyone under 18, unless it has a folding blade 3 inches long (7.62cm) or less;
- Carry a knife in public without good reason or lawful authority, unless it has a folding blade with a cutting edge 3 inches long or less;
- Carry, buy or sell any type of banned knife;
- Use any knife in a threatening way (even a legal knife).
3.2.2 Lock Knives
Lock knives are not classed as folding knives and are illegal to carry in public without good reason. Lock knives:
- Have blades that can be locked and refolded only by pressing a button;
- Can include multi-tool knives - tools that also contain other devices such as a screwdriver or can opener.
3.2.3 Good Reasons for Carrying a Knife or Weapon
Examples of good reasons to carry a knife or weapon in public can include:
- Taking knives, you use at work to and from work;
- Taking it to a gallery or museum to be exhibited;
- If it will be used for theatre, film, television, historical re-enactment or religious purposes, for example the kirpan some Sikhs carry;
- If it will be used in a demonstration or to teach someone how to use it.
A court will decide if you’ve got a good reason to carry a knife or a weapon if you are charged with carrying it illegally.
A person guilty of an offence shall be liable on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
Or
On conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
3.3 Guidance
- No legal authority is granted to Essex Police officers for the carriage of multi tools.
- Officers are allowed the carriage of a multi-tool (one that does not have a locking blade or a blade longer than 3 inches (7.62 cm long) that can be used/carried for a ‘good reason’ and used for those purposes;
- The multi tool carried by officers MUST have a blade with a cutting edge of less than 3 inches (7.62cm) long and the blade MUST be of a folding type that cannot be locked into place;
- Essex Police will not issue multi-tools, other than agreed specialist departments, and will not entertain any claims of loss or damage;
- Multi tools or folding pocketknives are not personal protective equipment;
- Any multi tool or folding pocketknife carried by officers or staff should be such that they are not unlawful as set out by S139 Criminal Justice Act 1988; either by exemption or through the statutory defences;
- Use of any multi tool or pocketknife should be proportionate, legal and necessary and compatible with the College of Policing’s Code of Ethics and as such officers and staff are accountable for their use;
- When carried, this should be securely and in such a way as to minimise any negative public perception e.g., stored in a kit bag or out of sight from the Public such as tucked within a tac vest.
4.0 Equality Impact Assessment
- EIA – reviewed March 2024
5.0 Risk Assessment
There are no identified risks associated with the carriage of this equipment to officers and staff.
There is minimal risk to the organisations reputation if the equipment is used outside of the guidelines laid out in this procedure. Risk assessment for general police duties are available on the Health and Safety website and continue to apply for all policing activities. In addition, dynamic risk assessments are made for each use of this piece of equipment.
6.0 Consultation
The following have been consulted during the formulation of this document:
- Unison
- Police Federation
- Essex Diversity and Inclusion Manager
- Health & Safety
- Head of Operational Change
- PSD D/Superintendent
- Risk
- Policy
- Superintendents Association
- Strategic Force Crime & Incident Registrar
- DPO/Temp Head of Info Management
- Legal Dept
- Personal Safety Training
7.0 Monitoring and Review
This procedure will be reviewed every two years by, or on behalf of, the owner to ensure it remains fit for purpose.
Any learning or dangerous occurrences are to be reported via the ‘Learning the Lessons Board’ for wider consultation and awareness.
Best practise and wider learning opportunities will be fed through to the Learning the Lessons Board to be shared with the wider force via internal messages.
8.0 Governing Force policy.
Related Force policies or related procedures
- D 0700 Policy – Public Order
- X 2001 Procedure – Provision Uniform and Equipment
8.1 Data Security
Essex Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.
8.2 Retention & Disposal of Records
Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.
We will only hold data for as long as necessary for the purposes for which we collected.
Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice.
9.0 Other source documents, e.g., legislation, Authorised Professional Practice (APP), Force forms, partnership agreements, (if applicable)
- s139 of the Criminal Justice Act 1988