Having a Bladed or Pointed Article on School Premises (Section 139A Criminal Justice Act 1988)

Having a Bladed or Pointed Article on School Premises is an offence under s.139A Criminal Justice Act 1988. Any person who has an article to which s.139 applies (an article which has a blade or is sharply pointed) with him on school premises or further education premises is guilty of an offence (s.139A(1)), as is any person who has an offensive weapon within the meaning of s.1 Prevention of Crime Act 1953 with him on such premises (s.139A(2)). "School premises" means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school (s.139A(6)); "further education premises" means land used solely for the purposes of an institution within the further education sector or a 16 to 19 Academy, with the same exclusion (s.139A(6A)). It is a defence to prove good reason or lawful authority for having the article or weapon on the premises (s.139A(3)), including having it for use at work, for educational purposes, for religious reasons or as part of any national costume (s.139A(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 4 years or a fine, or both; on summary conviction in England and Wales, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)) or a fine, or both (s.139A(5)(a) and (c)). Section 139A(5ZB) 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. Officers should liaise with the school's safeguarding lead and consider whether the suspect is a child (under 18): if so, an appropriate adult must be present for interview and any search. The weapon must be exhibited and its continuity preserved. Consider a referral to the Youth Offending Team (YOT) if the suspect is a child. 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).