The offence
Section 139 of the Criminal Justice Act 1988 makes it an offence to have a bladed or sharply pointed article in a public place without good reason or lawful authority. The offence is triable either-way and punishable by imprisonment. A second qualifying conviction attracts a minimum custodial sentence.
Defences
- A good reason for possession — for example, for work, religious purposes or national dress
- The article was not bladed or sharply pointed
- No possession in a public place
- Unlawful stop or search
Sentencing
A second qualifying knife offence attracts a minimum six-month custodial sentence for those aged 18 and over, with exceptions. The guidelines consider the circumstances of possession and any use of the knife.
Frequently asked questions
Use at work, religious or cultural reasons, or as part of national dress. The reason must be genuine and the knife carried only so far as necessary.
A second qualifying conviction attracts a minimum six-month custodial sentence for those aged 18 and over, subject to particular exceptions.
Yes. A good reason, the nature of the article, and the legality of the search can all be challenged.