Is it legal to carry a knife in Jamaica?

What the law says

Jamaica’s knife rules are in the Offensive Weapons (Prohibition) Act. Section 2 defines an offensive weapon in three ways. The first is any article made or adapted to cause injury to a person, or that the person carrying it intends to use to cause injury. The second is any dagger. The third is a list of named weapons.

The banned list. Under section 2 of the Offensive Weapons (Prohibition) Act, the third kind includes a swordstick, ballistic knife, butterfly knife, flick knife, knuckleduster and knuckle knife, and knives commonly known as switchblades or ratchet knives. The Minister can add other knives by order.

The listed knives are banned in public outright. Section 3(2) of the Offensive Weapons (Prohibition) Act says:

“A person shall not knowingly have in his possession in any public place, any offensive weapon falling within paragraph (c) of the definition of “offensive weapon”.”

That subsection has no reasonable-excuse exception, under the wording of section 3(2) of the Offensive Weapons (Prohibition) Act.

Other knives need a reason. Under section 3(1) of the Offensive Weapons (Prohibition) Act, a person may not knowingly have a dagger, or an article meant to cause injury, in a public place without lawful authority or a reasonable excuse.

What a dagger is. Under section 2 of the Offensive Weapons (Prohibition) Act, a dagger is a sharp, pointed stabbing instrument that can usually be hidden on the person. It has either a flat blade over 8 centimetres with cutting edges along both sides, or a needle-like blade. Swords and bayonets are not daggers.

The penalty. Under section 3(3) of the Offensive Weapons (Prohibition) Act, the offence is tried before a Resident Magistrate. The fine is up to J$4,000, with up to 4 months in prison if the fine is not paid. And under section 3(7):

“A conviction under this section shall not form part of the criminal record of the person convicted.”

What changes the answer

Your reason for carrying it. Under section 3(4) of the Offensive Weapons (Prohibition) Act, a person charged under section 3(1) has a defence if the knife was for a lawful sport, or for the person’s lawful trade, business or occupation.

Where you are. The rules in section 3 of the Offensive Weapons (Prohibition) Act apply in public places. Section 2 defines these widely: every road and passageway, courts, wharves, school premises, public gardens and open spaces, sports grounds, and any place the public can enter, paid or free.

A plain pocket knife. A pocket knife is not named in the Offensive Weapons (Prohibition) Act. Whether one falls within it depends on section 2: whether it is a listed type, such as a flick knife or a ratchet knife, a dagger by its blade, or carried to cause injury. This page does not decide that for any particular knife.

Pepper spray. Under section 2(2) of the Offensive Weapons (Prohibition) Act, mace or pepper spray carried for personal protection is not an article meant to cause injury.

Police searches. Under section 5 of the Offensive Weapons (Prohibition) Act, a constable who shows identification may search a person in a public place without a warrant, on reasonable cause to believe the person has an offensive weapon in breach of section 3. A vehicle, its driver and passengers can be searched on reasonable cause to suspect one is there. A person who will not give a true name and address can then be arrested without a warrant.

Getting a seized knife back. Under section 4 of the Offensive Weapons (Prohibition) Act, a court can order a seized weapon forfeited after a conviction. A person affected can apply to revoke that order within 30 days, or up to 3 months if the court allows, and may have to pay storage and other charges.