A MAN convicted of carrying a blade in Uley has had his name cleared in court.

Scott Smith, 49, was found to have a knife in his jacket pocket when police approached him as he worked on his broken-down car near Uley.

At a hearing at Gloucester Crown Court today, the prosecution suggested that the blade in question was a 'six inch folding lock knife'.

However, Mr Smith, of Portreath Way, Gloucester, told the court it was not a lock knife but a penknife and he maintained the blade was no more than two and a half inches.

Judge Cullum told the court that a pocket knife is not unlawful unless its cutting edge is more than three inches.

Prosecutor Grace Flynn maintained that Mr Smith had had a six inch long lock knife and she showed a picture of it to the court - but did not have the actual weapon with her as an exhibit.

She explained it was kept in a secure police store and had not been provided as evidence for today's appeal.

Told that the knife was not at court for him and two magistrates to examine, the judge said the prosecution was unable to prove it was a lock knife and he allowed Mr Smith's appeal against conviction.

Ms Flynn said she had spoken today to the officer who arrested Mr Smith and he maintained it was a lock knife - but he accepted he could not now be absolutely certain about that.

She offered no evidence against Mr Smith and the judge granted his appeal.

"You have just won your appeal - it is formally allowed. The conviction is quashed," the judge told Mr Smith.

Earlier, Ms Flynn had told the court it was on April 29 this year that a police officer on patrol on the B4066 saw Mr Smith's vehicle go past him making a 'metallic sound.'

He drove after it because he was concerned it could be unroadworthy and he found Mr Smith had pulled in and got out of his vehicle.

There was concern Mr Smith may have excess alcohol on his breath and the 'usual procedure' was followed.

He was searched and the knife was found in his jacket, said Ms Flynn.

At a previous hearing at Cheltenham Magistrates Court, Mr Smith was cleared of failing to provide a breath specimen and having a vehicle in a dangerous condition, but was convicted of having a bladed article in public.