Points 2 Prove
The Ultimate Police Handbook
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
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