All Acts
Weapons· 1988
CJA 1988
Criminal Justice Act 1988
Wide-ranging Act covering offences and procedure. For frontline policing, s.139 (bladed/pointed articles in a public place) and s.139A (on school premises) are the core knife-crime offences.
Self-test
Sections
Section 139 — Having an article with a blade or point in a public place
Offence to have any article which has a blade or is sharply pointed (other than a small folding pocket-knife with a cutting edge ≤ 3 inches) in a public place without good reason or lawful authority.
Key points
- Reverse burden — defence to prove good reason or lawful authority (work, religion, national costume).
- 'Public place' includes any place to which the public have access on payment or otherwise.
- Either way offence — max 4 years on indictment.
- Stop-search power for bladed articles is in PACE s.1; broader 'no suspicion' power in CJPOA s.60 in authorised areas.
Grounds / criteria
Folding pocket-knife > 3 inches bladeLocking knife (NOT a folding pocket-knife in law)Any kitchen knife, screwdriver sharpened to a point, etc.
Related procedures
Section 139A — Bladed/pointed article or offensive weapon on school premises
Offence to have a bladed/pointed article or offensive weapon on school premises. Includes a power of entry and search of school premises (s.139B) on reasonable suspicion.
Key points
- Same 'good reason' defences as s.139 (excluding cultural/religious which are narrowed).
- s.139B gives a constable power to enter and search school premises and any person on them.
- Either way offence.
Related procedures