The Ultimate Police Handbook
Offence of having article with blade or point in a public place
Offence of having article with blade or point in a public place
s.139 Criminal Justice Act 1988
Offensive Weapon
⚖️ Definition
(1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
(2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
(3) This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
4. It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place. (5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him-
(a)for use at work;
(b)for religious reasons; or
(c)as part of any national costume.
(2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
(3) This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
4. It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place. (5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him-
(a)for use at work;
(b)for religious reasons; or
(c)as part of any national costume.
📋 Points to Prove
- Without lawful excuse
- Have a blade, sharply pointed or folding pocket knife
- In a public place
- Have a blade, sharply pointed or folding pocket knife
- In a public place
⚖️ Powers & Punishment
On summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
On conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
On conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
⚖️ Offence Type
Summary
Either Way
Indictable
📄 Charging Codes
CJ88144
📁 Crime Recording
PNC Recordable
Crime Report Required
➕ More
Section 139 defines a bladed article as any article that has a blade or is sharply pointed, unless it is a folding pocket knife with a cutting edge less than 3 inches