Knife and offensive weapon offences
Having a bladed or sharply pointed article in a public place without good reason or lawful authority is an offence (Criminal Justice Act 1988 s.139), with a maximum of 4 years. Threatening with a weapon, or a repeat possession offence, carries a minimum sentence for anyone aged 16 or over.
The offences
- Bladed or pointed article in a public place (Criminal Justice Act 1988 s.139). A folding pocketknife with a cutting edge of 3 inches or less is excluded, but a lock knife is not treated as a folding knife.
- Bladed article or offensive weapon on school premises (s.139A).
- Offensive weapon in a public place (Prevention of Crime Act 1953 s.1): an article made or adapted for causing injury, or intended by the person carrying it for that purpose.
- Threatening with an article or weapon in a public place or school (s.139AA and 1953 Act s.1A), where there is an immediate risk of serious physical harm.
- Prohibited weapons (s.141), such as zombie-style knives (banned from 24 September 2024) and ninja swords (from 1 August 2025). Selling, making, importing or possessing them, even at home, is an offence; private possession currently carries up to 6 months.
The maximum for the possession and threatening offences above is 4 years.
Defences
Under s.139 the defendant may prove, on the balance of probabilities, good reason or lawful authority for having the article: for example use at work, religious reasons, or as part of national costume (s.139(5)). Forgetting that the knife was there is not, on its own, a good reason, though it may be combined with other circumstances (R v Jolie [2003] EWCA Crim 1543).
Minimum sentences
- Threatening with a weapon (Sentencing Act 2020 s.312), and a repeat possession offence where the person already has a relevant weapon conviction (s.315), carry a minimum of 6 months' custody for those aged 18 or over, and a 4-month detention and training order for 16 and 17-year-olds.
- For offences committed on or after 28 June 2022, the court may impose less only if there are exceptional circumstances relating to the offence or the offender.
- A guilty plea can still reduce the sentence (see Credit for a guilty plea: how much less a sentence is).
Changes not yet in force
The Crime and Policing Act 2026 creates an offence of possessing a knife or offensive weapon, in public or private, with intent to use unlawful violence or cause fear of it (maximum 7 years), and raises the maximum for prohibited weapon and sale-to-under-18 offences to 2 years. These provisions are not yet in force.
In practice
Where the knife was found, why the person had it, and what they said at the scene and in interview are usually decisive. Early advice matters because explanations for carrying the article are scrutinised closely at trial.
Authorities: Criminal Justice Act 1988 ss.139, 139A, 139AA, 141; Prevention of Crime Act 1953 ss.1, 1A; R v Jolie [2003] EWCA Crim 1543; Sentencing Act 2020 ss.312, 315 (as amended by Police, Crime, Sentencing and Courts Act 2022 s.124); Crime and Policing Act 2026 ss.28, 29 (not yet in force)