Possession of a Bladed Article in a Public Place (Section 139 Criminal Justice Act 1988)

Possession of a Bladed Article in a Public Place is an offence under s.139 Criminal Justice Act 1988. Subject to the defences in subsections (4) and (5), any person who has an article to which the section applies with him in a public place is guilty of an offence (s.139(1)). The section applies to any article which has a blade or is sharply pointed except a folding pocketknife (s.139(2)), and to a folding pocketknife if the cutting edge of its blade exceeds 3 inches (s.139(3)). "Public place" includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise (s.139(7)). It is a defence to prove good reason or lawful authority for having the article in a public place (s.139(4)), including having it for use at work, for religious reasons or as part of any national costume (s.139(5)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding four years, or a fine, or both; on summary conviction, imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both (s.139(6), England and Wales version). Section 139(6ZA) points to section 315 of the Sentencing Code for the sentence a court may be required to impose where a person aged 16 or over who has a previous relevant conviction is convicted under the section.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).