Bladed or Pointed Article in a Public Place
The offence of having a bladed or pointed article in a public place under s.139 Criminal Justice Act 1988 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence, and the stop-and-search, arrest and search powers, for frontline officers.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
Reviewed by BlueLineHub Editorial
What are the points to prove for having a bladed or pointed article in a public place under s.139 Criminal Justice Act 1988?
The offence (s.139 Criminal Justice Act 1988) is having an article with a blade or which is sharply pointed with you in a public place, subject to the good-reason/lawful-authority defences in s.139(4)-(5); s.139A creates a related offence covering school and further-education premises.
It is triable either way; the maximum on conviction on indictment is 4 years' imprisonment (s.139(6) Criminal Justice Act 1988).
It is an offence under s.139 Criminal Justice Act 1988 for a person to have an article which has a blade or is sharply pointed with them in a public place, subject to the good-reason/lawful-authority defences in s.139(4)-(5). A related offence, s.139A, applies to school and further-education premises. The statutory words are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.
Offence
s.139 Criminal Justice Act 1988
Mode of trial
Triable either way.
Maximum sentence
4 years' imprisonment on conviction on indictment (s.139(6)).
Points to prove — statutory elements
Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.
(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.
(6) A person guilty of an offence under subsection (1) above shall be liable-
(a) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
(6ZA) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
(8) This section shall not have effect in relation to anything done before it comes into force.
(1) Any person who has an article to which section 139 of this Act applies with him on school premises or further education premises shall be guilty of an offence.
(2) Any person who has an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953 with him on school premises or further education premises shall be guilty of an offence.
(3) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.
(4) Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—
(a) for use at work,
(b) for educational purposes,
(c) for religious reasons, or
(d) as part of any national costume.
(5) A person guilty of an offence under subsection (1) or (2) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or to both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.
(5ZA) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (5)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5ZB) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.
(6) In this section and section 139B “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; and “school” has the meaning given by—
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).
(6A) In this section and section 139B “further education premises” means—
(a) in relation to England and Wales, land used solely for the purposes of—
(i) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or
(ii) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),
excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;
(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution.
(7) In the application of this section to Northern Ireland—
(a) the reference in subsection (2) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987; and
(b) the reference in subsection (6) above to section 4 of the Education Act 1996 is to be construed as a reference to Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.
Powers of arrest & search
A bladed or pointed article is searchable under PACE 1984 s.1 — s.1(8A) applies the power to an article in relation to a s.139 (or s.139AA) Criminal Justice Act 1988 offence. GOWISELY applies.
Code of Practice: PACE Code A — stop and search →A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing this offence, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).
Code of Practice: PACE Code G — arrest →On arrest away from a police station, PACE 1984 s.32 allows a search of the arrested person for anything that might be evidence of the offence, where there are reasonable grounds.
Code of Practice: PACE Code B — search of premises →CPS charging guidance
Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.
This offence can be found in section 139 CJA 1988. It is committed when a person has an article with a blade or is sharply pointed or is a folding pocketknife with a cutting edge that exceeds 3 inches in a public place without good reason or lawful authority.
A person will have a defence if they can prove they have a good reason or lawful authority for having the article in a public place. For example, if they have it with them for work purposes, religious reasons or as part of a national costume.
Under section 315 SA 2020 the court must apply the mandatory minimum sentence for this offence where the offender is aged 16 or over and is convicted of a second offence, under either section 1 PCA 1953, section 139 CJA 1988, section 139A(1) or (2) CJA 1988 or section 6 OWA 2019. Prosecutors should see the below section titled ‘Mandatory minimum sentences’ for more detail.
Lawful authority or reasonable excuse is available as a defence to offences of possessing a bladed article or offensive weapon. In making a charging decision, Prosecutors should consider the extent to which the evidence supports an account provided by the offender in interview or otherwise. The defendant bears the legal burden, on the balance of probabilities, of establishing lawful authority or a reasonable excuse.
The instances of having possession of a bladed article or offensive weapon pursuant to a lawful authority will be limited. Lawful authority means the possession by certain categories of people who from time to time carry an offensive weapon as a matter of duty i.e. a soldier and his rifle or a police officer and his truncheon; (see Bryan v Mott (1976) 62 Cr. App. R. 71).
They are all carrying offensive weapons, but they do so normally under lawful authority.
What amounts to a reasonable excuse will depend on the circumstances of the case and is construed narrowly. It is not enough that the defendant asserts an innocent motive; the excuse must be objectively reasonable in the context of possessing the article in a public place. Once the prosecution has proved the elements of the offence, the defendant bears a legal burden, on the balance of probabilities, of establishing a reasonable excuse.
Carrying an offensive weapon in public merely because of the possibility of a constant or enduring threat (even where genuine) does not amount to self-defence or a reasonable excuse. Exceptionally, it may be reasonable if the offender is in anticipation of an imminent and specific attack, such that the possession is closely connected in time and purpose to that immediate threat, and the weapon is being carried for the offenders own personal defence; see Evans v Hughes (1972) 56 Cr. App. R. 813.
Forgetfulness alone cannot be a reasonable excuse for having an offensive weapon, but the combination of forgetfulness and the circumstances of the article’s acquisition may be in rare circumstances.
An innocent motive for carrying an offensive weapon can sometimes amount to a reasonable excuse i.e. reasonable excuse to carry truncheon as part of police uniform for fancy dress party: (see Houghton v Chief Constable of Greater Manchester (1987) 84 Cr. App. R. 319, CA).
Having an offensive weapon or bladed article for use at work or employment does not automatically provide a reasonable excuse under the Criminal Justice Act 1988; the possession must be reasonable. Prosecutors may consider why other less dangerous tools were not used. There is a requirement for an immediate connection between the possession and work i.e. finding the weapon in car glovebox on a Saturday (when not working) weakened the defence despite the offender’s job as a plumber/electrician: see (Garry v Crown Prosecution Service [2019] EWHC 636 (Admin)).
- s.139(4) 'good reason or lawful authority' and s.139(5) (work, religious reasons, national costume) are specific defences for the DEFENCE to raise, not points to prove.
- A folding pocketknife with a cutting edge not exceeding 3 inches is excluded from s.139 (s.139(2)-(3)).
- s.139A covers having a bladed or pointed article (or offensive weapon) on school or further-education premises — a separate offence to s.139.
- Threatening with a bladed article is a separate offence (s.139AA).
- The s.60 Criminal Justice and Public Order Act 1994 no-suspicion search power also exists where authorised — see the stop-and-search operational guide for that power.
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Criminal Justice Act 1988, section 139 — having an article with blade or point in public place
The offence of having a bladed or pointed article in a public place, the good-reason/lawful-authority and specific defences (s.139(4)-(5)), the excluded folding pocketknife (s.139(2)-(3)), and the penalty on conviction on indictment (s.139(6)): 4 years' imprisonment.
Last checked: August 2026 - Verify on official source
Criminal Justice Act 1988, section 139A — offence of having article with blade or point (or offensive weapon) on school premises
The related offence of having a bladed or pointed article, or offensive weapon, on school or further-education premises.
Last checked: August 2026 - Verify on official source
Police and Criminal Evidence Act 1984, section 1 — stop and search
Stop and search power, extended by s.1(8A) to an article in relation to a s.139/s.139AA Criminal Justice Act 1988 offence.
Last checked: July 2026 - Verify on official source
Police and Criminal Evidence Act 1984, section 24 — arrest without warrant: constables
The power of arrest without warrant, subject to the necessity criteria in s.24(5).
Last checked: July 2026 - Verify on official source
CPS charging guidance — Knife and other weapons offences (Open Government Licence v3.0)
CPS charging guidance on bladed articles and offensive weapons — the verbatim extracts shown on this card.
Last checked: October 2026
Frequently asked
- Is having a bladed or pointed article in a public place triable either way?
- Yes — s.139 Criminal Justice Act 1988 is triable either way; the maximum on conviction on indictment is 4 years' imprisonment (s.139(6)).
- Is a folding pocketknife covered by s.139?
- No — s.139(2)-(3) excludes a folding pocketknife with a cutting edge not exceeding 3 inches from the offence.
- What power lets me stop and search for a bladed or pointed article?
- PACE 1984 s.1 — s.1(8A) applies the stop-and-search power to an article in relation to a s.139 (or s.139AA) Criminal Justice Act 1988 offence. GOWISELY applies.