Weapons and firearms
Bladed articles and offensive weapons — threats
Criminal Justice Act 1988, s.139AA; Prevention of Crime Act 1953, s.1A
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
- Has a s.139 article in a public place or on school premises (or a s.139 article or offensive weapon on further-education premises), and unlawfully and intentionally threatens another with it in such a way that a reasonable person exposed to the same threat would think there was an immediate risk of physical harm (CJA 1988, s.139AA).
- PCA 1953, s.1A is the parallel offensive-weapon-in-public threat offence — check the charged Act.
Mens rea
- Intentionally threatens. The two-person reasonable-person test in s.139AA(1)(c) is objective as to the apparent risk.
Defences
No article of the statutory type · Not a public place / school / FE premises as charged · No unlawful intentional threat · A reasonable person would not think there was an immediate risk of physical harm
Sentencing Council
Sentencing Council guideline effective 1 June 2018. Offence range: 6 months’ custody – 3 years’ custody This guideline applies only to offenders aged 18 or older.
At the police station
This is not simple possession. Minimum-sentence provisions can apply — check age and previous relevant convictions on the guideline.
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.