Possession of a bladed article in a public place


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Possession of a bladed article in a public place


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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The offence of Possession of a bladed article

It is an offence under section 139 of the Criminal Justice ACT 1988 (CJA 1988) for any person to have in their possession in public a bladed article to which the section applies. The offence can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline Jurisdiction in those cases where it appears that its powers of sentencing are insufficient.

See: Sentencing for possession of a bladed article in public below.

Elements of the offence

An offence under CJA 1988, s 139 will be committed if the accused:

  1. •

    had with them

  2. •

    in a public place

  3. •

    a bladed article, or

  4. •

    a sharply pointed article

Bladed and sharply pointed articles

The provisions of CJA 1988, s 139 apply to articles with a blade or articles that are sharply pointed, other than a folding pocket knife. However, a folding pocket knife will fall within the provisions if its blade exceeds three inches.

It

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Key definition:
Possession definition
What does Possession mean?

Possession in a construction context refers to having responsibility for/bearing the risk in the works. The contractor will usually have exclusive possession whilst it is carrying out the works—then at completion'>practical completion the employer takes back possession (and therefore takes on responsibility for insurance).

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