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Bladed article / offensive weapon on school premises

Weapons and firearms — practical elements, sentencing links and station notes for accredited reps in England & Wales.

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.

View definitive guideline ↗

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.

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.