Is It Legal in the UK? Five Laws Almost Everyone Gets Wrong

Type “is it legal in the UK to…” into Google and autocomplete fills in the rest for you: drive barefoot, record a phone call, carry a Swiss Army knife, carry pepper spray, drink in public. These are the questions people really do ask, and the answers you hear down the pub are often wrong in both directions. Some things people think are banned are fine. Some things people think are harmless can land you in court.

So we went to the source: gov.uk, legislation.gov.uk, the Crown Prosecution Service and the House of Commons Library. Here’s what we found, told straight.

A quick but important caveat: this is general information, not legal advice. Most of what follows is about England and Wales; Scotland and Northern Ireland sometimes have their own rules. If you’re in real trouble, talk to a solicitor or Citizens Advice.

1. Is it illegal to drive barefoot or in flip-flops?

Short answer: no, but you can still get in trouble for it.

There’s no law that says you must wear shoes to drive. What there is, is Rule 97 of the Highway Code, which says that before you set off you should make sure “clothing and footwear do not prevent you using the controls in the correct manner” (>GOV.UK: Highway Code, rules 89 to 102).

Notice the word “should”. The Highway Code’s own introduction explains that rules using “MUST/MUST NOT” are legal requirements, while advisory “should/should not” rules aren’t offences in themselves, although breaking them can be used as evidence in court to establish liability (>GOV.UK: Highway Code introduction). So barefoot driving, or driving in flip-flops, isn’t an offence in itself.

The catch: if your footwear (or wet, sandy bare feet) stops you braking properly and you cause an incident, you can still be prosecuted for something like careless driving or not being in proper control of the vehicle. The RAC puts it plainly: it’s legal to drive barefoot “but you must remain fully in control of the car, or you risk committing an offence” (>RAC). The AA says the same (>The AA).

Told straight: flip-flops can slip off or wedge under a pedal. Keep a pair of proper driving shoes in the car for summer and you’ll never have to argue about it.

2. Is it legal to record a phone call?

Short answer: recording your own call for your own use is generally fine. Sharing it is where it gets risky.

The big law here is about interception: secretly getting into someone else’s communications while they’re being sent. Under the Investigatory Powers Act 2016, intercepting a communication without lawful authority is a criminal offence, punishable by up to two years in prison or an unlimited fine (>GOV.UK: Interception of communications code of practice).

But if you’re one of the people on the call, you’re not intercepting anything; you’re the intended recipient. Law firm CMS sums up the position: “there is no prohibition on recording your own private telephone calls provided it is for your own use” (>CMS).

Where people trip up is what they do next. Passing a secret recording to other people, or posting it online, can breach the other person’s right to privacy, unless there’s a genuine public interest, such as exposing a crime (>CMS). Businesses are different again: they have data protection rules to follow when they record you. And bear in mind CMS is a law firm summarising the position, not a statute, which is why we say “generally”.

Told straight: record a call with your landlord or the council for your own notes? Generally fine. Stick it on TikTok to shame them? That’s where you could end up on the wrong side of the law.

3. Can I carry a Swiss Army knife or pocket knife?

Short answer: yes, if it’s a non-locking folding knife with a blade of 3 inches or less. Anything else needs a good reason.

Section 139 of the Criminal Justice Act 1988 makes it an offence to have any article with a blade or point in a public place, with one exception: a folding pocketknife whose cutting edge is no more than 3 inches (>legislation.gov.uk: CJA 1988 s.139). That’s about 7.62cm.

Two details catch people out:

• Lock knives don’t count as folding pocketknives. GOV.UK says the exception only covers knives that “are not lock knives (they do not have a button, spring or catch that you have to use to fold the knife)” (>GOV.UK: Selling, buying and carrying knives). The CPS confirms a lock knife isn’t covered because it isn’t “immediately foldable at all times” (>CPS).
• The whole edge counts. The police FAQ service says that in its opinion (this is the police view, not a court ruling) the whole length of the side of the blade is measured, not just the sharp or serrated bit (>Ask the Police).

The law gives defences for carrying a bigger or locking blade with a good reason, such as for use at work, for religious reasons or as part of national costume (>legislation.gov.uk). But it’s on you to prove it. The maximum penalty for an adult carrying a knife illegally is four years in prison, an unlimited fine or both (>GOV.UK).

A classic small Swiss Army knife with a short, non-locking blade usually fits the exception. Many multi-tools have locking blades, and the police FAQ warns a multi-tool with a prohibited blade can still be an offence even with a screwdriver attached (>Ask the Police). Check yours before it goes in your pocket.

4. Can I carry pepper spray for self-defence?

Short answer: no. In the UK it’s treated as a prohibited weapon.

This surprises a lot of people, especially if they’ve travelled abroad where it’s sold openly. Section 5(1)(b) of the Firearms Act 1968 prohibits “any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing” (>legislation.gov.uk: Firearms Act 1968 s.5). Home Office guidance to police says this covers “personal protection sprays using CS, Mace or OC pepper” (>GOV.UK: Guide on firearms licensing law).

That puts pepper spray in the same legal bracket as stun guns. The CPS lists the maximum sentence for possessing a prohibited weapon as 10 years (>CPS: Firearms).

Told straight: don’t buy it online “for protection” and don’t bring it home from holiday. If personal safety is the worry, a loud personal alarm is legal.

5. Is it illegal to drink alcohol in public?

Short answer: not in general, but plenty of places have local bans.

The House of Commons Library is clear: “There is no general prohibition on drinking in the street” (>House of Commons Library). A can in the park on a sunny day isn’t automatically an offence.

However, councils can create Public Spaces Protection Orders (PSPOs) that restrict drinking in particular areas where it’s linked to anti-social behaviour. In those areas, it’s an offence to refuse when asked to stop drinking or hand over your alcohol (>House of Commons Library). A PSPO can last up to three years and can be renewed (>Ask the Police). And being drunk and disorderly in public is an offence anywhere.

Told straight: look for signs in town centres and parks, and if an officer asks you to pour it away, pour it away.

The bottom line

Question	Legal?
Driving barefoot or in flip-flops	Yes, if you stay in full control
Recording your own phone call	Generally yes, for your own use
Carrying a small pocket knife	Yes if non-locking and blade 3in or less
Carrying pepper spray	No, it’s a prohibited weapon
Drinking in the street	Generally yes, unless a local PSPO applies

Got a “surely that’s not legal?” question you want us to dig into? Tell us and we’ll find the real answer.