PART 5Threatening with offensive weapons

I151Offence of threatening with offensive weapon etc on further education premises

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.