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Knife and offensive weapon offences

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

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

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

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.

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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)

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