http://www.legislation.gov.uk/id/ukpga/1988/33

http://www.legislation.gov.uk/ukpga/1988/33/section/139A/2024-05-24

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

text

text/xml

Statute Law Database

2024-06-25

Expert Participation

2024-05-24

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139A(5ZA)

Sentencing Act 2020

Sch. 24

para. 443(1)

Sch. 24

para. 447

Sch. 27

s. 416(1)

reg. 2

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

Part XI Miscellaneous

Articles with blades or points and offensive weapons

E1 C1 139AF1 Offence of having article with blade or point (or offensive weapon) on F3education premises.

1

Any person who has an article to which section 139 of this Act applies with him on school premises F10or 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 F6or 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.

F55

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 F12the 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.

F145A

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F145B

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F145C

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F145D

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F145E

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F145F

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F145G

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F95ZB

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.

F116

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)).

F86A

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 F2 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.

E2 C1 139A F1 Offence of having article with blade or point (or offensive weapon) on school premises.

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

4

a

for use at work,

b

for educational purposes,

c

for religious reasons, or

d

as part of any national costume.

F45

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.

F145A

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F145B

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F145C

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F145D

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F145E

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F145F

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F145G

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F95ZB

F46

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

F13 b

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Part XI Miscellaneous

Articles with blades or points and offensive weapons

E1C1 139AF1 Offence of having article with blade or point (or offensive weapon) on F3education premises.

1

2

3

4

a

b

c

d

F55

a

b

c

5ZA

F145A

F145B

F145C

F145D

F145E

F145F

F145G

F95ZB

F116

a

b

F86A

a

i

ii

b

7

a

b

E2C1 139A F1 Offence of having article with blade or point (or offensive weapon) on school premises.

1

2

3

4

a

b

c

d

F45

a

b

F145A

F145B

F145C

F145D

F145E

F145F

F145G

F95ZB

F46

7

a

F13 b

E1 C1 139AF1 Offence of having article with blade or point (or offensive weapon) on F3education premises.

E2 C1 139A F1 Offence of having article with blade or point (or offensive weapon) on school premises.