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Criminal Justice Act 1988
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Changes over time for: Section 139A
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There are multiple versions of this provision on screen. These apply to different geographical extents.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Changes to legislation:
Criminal Justice Act 1988, Section
139A is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 139A:
- s. 139A(5ZA) words substituted by 2020 c. 17 Sch. 24 para. 443(1)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 36(2)(b)(v) and word inserted by 2019 c. 17 s. 13(3)(b)
- s. 36(3A) (3B) substituted for s. 36(3A) by 2008 c. 4 s. 46(2)
- s. 41(4A) inserted by 2004 c. 28 Sch. 10 para. 28
- s. 139AZA(1)(a)(iii) and word inserted by 2019 c. 17 s. 13(4)(b)
[ 139AF1 Offence of having article with blade or point (or offensive weapon) on [F2education premises]. E+W
(1)Any person who has an article to which section 139 of this Act applies with him on school premises [F3or 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 M1 Prevention of Crime Act 1953 with him on school premises [F4or 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.
[F5(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 [F6the 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 [F7the general limit in a magistrates’ court] is to be read as a reference to 6 months.]
F8(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5G). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(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.]
[F10(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)).]
[F11(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 M2 Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the M3 Public Order (Northern Ireland) Order 1987; and
(b) the reference in subsection (6) above to [F12 section 4 of the Education Act 1996 ] is to be construed as a reference to Article 2(2) of the M4 Education and Libraries (Northern Ireland) Order 1986. ]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only
Textual Amendments
F1S. 139A inserted (1.9.1996) by 1996 c. 26, s. 4(1)(4); S.I. 1996/2071, art. 2
F2Words in s. 139A heading substituted (6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 45(2), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F3Words in s. 139A(1) inserted (6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 45(3), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F4Words in s. 139A(2) inserted (6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 45(4), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F5S. 139A(5)(5ZA) substituted for s. 139A(5) (6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 45(5), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F6Words in s. 139A(5)(a) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F7Words in s. 139A(5ZA) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F8S. 139A(5A)-(5G) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F9S. 139A(5ZB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 91 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F10S. 139A(6) substituted (6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 45(6), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F11S. 139A(6A) inserted (6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 45(7), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F12Words in s. 139A(6)(7) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.69 (with ss. 1(4), 582(3), Sch. 39)
Modifications etc. (not altering text)
C1S. 139A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with Sch. 1 para. 42); S.I. 2012/1236, reg. 2
Marginal Citations
[ 139A F1 Offence of having article with blade or point (or offensive weapon) on school premises. N.I.
(1)Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.
(2) Any person who has an offensive weapon within the meaning of section 1 of the M1 Prevention of Crime Act 1953 with him on school 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.
[F13(5)A person guilty of an offence under subsection (1) or (2) shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.]
F8(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5G). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(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.]
[F13(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 Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986. ]
(7)In the application of this section to Northern Ireland—
(a) the reference in subsection (2) above to section 1 of the M2 Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the M3 Public Order (Northern Ireland) Order 1987; and
F14( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only
Textual Amendments
F1S. 139A inserted (1.9.1996) by 1996 c. 26, s. 4(1)(4); S.I. 1996/2071, art. 2
F8S. 139A(5A)-(5G) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F9S. 139A(5ZB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 91 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F13S. 139A(5)(6) substituted (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 52, 111(1) (with Sch. 6 para. 4(2))
F14S. 139A(7)(b) repealed (N.I.) (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(1), Sch. 8 Pt. 5
Modifications etc. (not altering text)
C1S. 139A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with Sch. 1 para. 42); S.I. 2012/1236, reg. 2
Marginal Citations
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