Offensive Weapons Act 2019

51 Offence of threatening with offensive weapon etc on further education premises E+W

(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) After subsection (1) insert—

“(1A) A person is guilty of an offence if that person—

(a) has an article to which this section applies with them on further education premises,

(b) unlawfully and intentionally threatens another person (“A”) with the article, and

(c) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.”

(3) After subsection (3) insert—

“(3A) In relation to further education premises this section applies to each of these—

(a) an article to which section 139 applies;

(b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.”

(4) In subsection (5)—

(a) at the appropriate place insert—

““further education premises” means land used solely for the purposes of—

(a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or

(b) 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) for the definition of “school premises” substitute—

““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 section 4 of the Education Act 1996.”

Commencement Information

I1 S. 51 in force at 6.4.2022 by S.I. 2022/418, regs. 1(2)(5), 2(b) (with reg. 3)