Threatening with an offensive weapon in a public place

s.1APrevention of Crime Act 1953

Having an offensive weapon in a public place and unlawfully and intentionally threatening someone with it so that a reasonable person would think there was an immediate risk of physical harm.

Threatening with an offensive weapon in a public place · Prevention of Crime Act 1953, s.1ACard 51 / 85

Points to prove

Had an offensive weapon with them
In a public place
Unlawfully and intentionally threatened another person ("A") with the weapon
In such a way that a reasonable person ("B") exposed to the same threat as A would think there was an immediate risk of physical harm to B

Key definitions

Offensive weapon – s.1A(3) and s.1(4): 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.
Public place – s.1A(3) and s.1(4): includes any highway and any other premises or place to which, at the material time, the public have or are permitted to have access, whether on payment or otherwise.
Unlawfully – the threat must not be justified, for example by lawful self-defence.
Reasonable person test – s.1A(1)(c): the question is what a reasonable person facing the same threat would think, not what the victim actually felt.

Good to know

The test changed on 6 April 2022 (Offensive Weapons Act 2019). Before that, the prosecution had to prove an immediate risk of serious physical harm (GBH) to the person threatened. Now it is an immediate risk of physical harm, judged by the reasonable person.
Minimum sentence: for anyone aged 16 or over, the court must impose at least 6 months’ custody (adults) or a 4-month detention and training order (16 and 17-year-olds), unless there are exceptional circumstances (Sentencing Act 2020, s.312).
Alternative verdict: if the threat is not proved but having the offensive weapon is, the defendant can be convicted under s.1 instead (s.1A(10)).
Bladed or pointed articles in a public place, and blades or offensive weapons on school or further education premises, are covered by the same kind of offence in s.139AA of the Criminal Justice Act 1988.

Legislation: Prevention of Crime Act 1953, s.1A (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)