Weapons and firearms
Bladed article / offensive weapon on school premises
Criminal Justice Act 1988, s.139A
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 4 years’ custody
Actus reus
- Have with him on school premises an article to which CJA 1988, s.139 applies, or an offensive weapon within PCA 1953, s.1 (CJA 1988, s.139A(1)–(2)).
Mens rea
- Knowledge of having the article on the premises. Good reason or lawful authority is a defence the accused must prove (s.139A(3)).
Defences
Good reason or lawful authority (s.139A(3)) · Work, educational purposes, religious reasons, or national costume (s.139A(4) — without prejudice to the generality of (3)) · Not school premises / not a s.139 article or offensive weapon · No knowledge of possession
Sentencing Council
Sentencing Council guideline effective 1 June 2018. Offence range: Fine – 2 years 6 months’ custody This offence is subject to statutory minimum sentencing provisions.
At the police station
Same good-reason structure as public-place s.139, but the place is school premises. Sentencing Code s.315 minimum-sentence rules can apply — check age and previous relevant convictions.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Criminal Justice Act 1988, s.139A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offensive weapons, knives and firearms ↗