Having a bladed article or offensive weapon on school or further education premises

s.139ACriminal Justice Act 1988

Having a bladed or sharply pointed article, or an offensive weapon, with you on school or further education premises.

Having a bladed article or offensive weapon on school or further education premises · Criminal Justice Act 1988, s.139ACard 52 / 85

Points to prove

Had with them
On school premises or further education premises
An article which has a blade or is sharply pointed (s.139A(1)), or an offensive weapon (s.139A(2))

Article with a blade or point – s.139(2) and (3): any article which has a blade or is sharply pointed, except a folding pocketknife whose blade has a cutting edge of 3 inches or less.
Offensive weapon – s.1(4) Prevention of Crime Act 1953: any article made or adapted for use for causing injury to the person, or intended by the person having it with them for such use by them or by someone else.
School premises – s.139A(6): land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school. “School” has the meaning in s.4 of the Education Act 1996.
Further education premises – s.139A(6A): land used solely for the purposes of a further education sector institution or a 16 to 19 Academy, excluding any land occupied solely as a dwelling by a person employed there.

The defendant must prove one of these, on the balance of probabilities:

Good reason or lawful authority for having the article or weapon on the premises (s.139A(3)).
That they had it for use at work, for educational purposes, for religious reasons, or as part of any national costume (s.139A(4)).

Unlike s.139, the premises do not need to be a public place. The definition covers all land used for the purposes of the school, not just buildings, and is not limited to school hours.
Further education premises were added on 6 April 2022 by the Offensive Weapons Act 2019.
“Educational purposes” is a defence here that does not exist for the public-place offence under s.139.
Repeat offenders: if the defendant is 16 or over and has a previous relevant weapons conviction, the court must impose a minimum sentence unless there are exceptional circumstances (Sentencing Act 2020, s.315).
Threatening someone with the article or weapon on these premises is a separate, more serious offence under s.139AA.

Legislation: Criminal Justice Act 1988, s.139A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 4 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)