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

http://www.legislation.gov.uk/ukpga/1988/33/section/139AA

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

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Statute Law Database

2024-06-25

Expert Participation

2024-06-14

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. 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

C1139AAF5Offence of threatening with article with blade or point or offensive weapon

1

A person is guilty of an offence if that person—

a

has an article to which this section applies with him or her in a public place or on school premises,

b

unlawfully and intentionally threatens another person F10(“A”) with the article, and

c

does so in such a way that F1a 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.

F61A

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.

2

In relation to a public place this section applies to an article to which section 139 applies.

3

In relation to school 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.

F43A

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.

F94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In this section—

F11“further education premises” means land used solely for the purposes of—
1. a
  an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or
2. 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;
“ public place ” has the same meaning as in section 139;
F12“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.

6

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding F3the general limit in a magistrates’ court 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.

F76A

For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.

F87

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F88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1410

In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to F13the general limit in a magistrates’ court is to be read as a reference to 6 months.

F211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 139 or 139A, the person may be convicted of the offence under that section.