The offence
Section 139 of the Criminal Justice Act 1988 prohibits possession of a bladed or sharply pointed article in a public place without good reason or lawful authority. Folding pocket knives with a blade under three inches are generally exempt. The offence is triable either-way and punishable by imprisonment.
Defences
- A good reason for possession, such as for work or a recognised cultural purpose
- The article fell within the folding-knife exemption
- No possession in a public place
- Unlawful stop or search
Sentencing
A second qualifying conviction attracts a minimum six-month custodial sentence for those aged 18 and over, subject to particular exceptions. The guidelines consider the circumstances and any use of the article.
Frequently asked questions
A folding pocket knife with a non-locking blade under three inches is generally exempt from section 139, though other restrictions can apply.
Use at work, religious or cultural reasons, or part of national dress. The reason must be genuine and the article 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.