Offences and Powers - Education

Scope and Definitions

What are "school premises"?

School premises means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school. This includes buildings, playgrounds, playing fields, car parks, and entrances. The specific offence under section 139A applies whether or not the premises constitute a public place at the material time.

What are "further education premises"?

The Offensive Weapons Act 2019 extended section 139A to cover further education premises from 6 April 2022. This includes FE colleges and their grounds, bringing them within the same protective regime as schools.

Institutions covered

The following institutions fall within scope: maintained schools, academies and free schools, independent schools, special schools, pupil referral units, and further education colleges.

Key definitions

A bladed article means any article with a blade or sharp point. An offensive weapon means a weapon made, adapted, or intended for causing injury. Importantly, section 139A covers BOTH bladed articles AND offensive weapons, making it broader than section 139 which covers only bladed articles.

Offences

Having a blade or weapon on school premises (CJA 1988 s.139A)

It is an offence to have with you on school or further education premises any article with a blade or sharp point, or any offensive weapon. The elements are: (1) has with them (2) a bladed article OR offensive weapon (3) on school or FE premises. Unlike section 139, this offence applies whether or not the premises are a public place at the time - so it catches after-hours trespassers as well as daytime visitors.

Threatening on school premises (CJA 1988 s.139AA)

The threatening offence under section 139AA also applies to school and FE premises. This covers threatening another person with a bladed article or offensive weapon in an unlawful manner, such that a reasonable person would think there is immediate risk of serious physical harm. Mandatory minimum sentences apply even for first offences.

Prohibited weapons

Section 141 (prohibited weapons) applies everywhere, including school premises. Possession of zombie knives, butterfly knives, and other prohibited weapons is unlawful regardless of any defence that might apply to ordinary bladed articles.

Defences and Exemptions

Statutory defences

Section 139A provides explicit defences for possession on school premises:

• Good reason: A specific, legitimate reason for having the article.
• Lawful authority: Police officers, security staff with appropriate authorisation.
• For use at work: School catering staff with kitchen knives, maintenance workers with tools.
• For educational purposes: Design & Technology equipment, craft knives for art, science equipment.
• For religious reasons: Sikh pupils carrying a kirpan as required by their faith.
• As part of national costume: Scottish sgian-dubh worn as part of Highland dress for school events.

Burden of proof

The defendant bears the burden of proving a defence applies, on the balance of probabilities. Once possession on school premises is established, the onus shifts to the defendant.

What is NOT a defence

"It's in my bag from yesterday" or "I forgot to take it out" are generally insufficient. Peer pressure or fear of others is not a defence to carrying a weapon. Self-defence preparation is not a defence absent an imminent, specific threat.

Enforcement Powers

Staff search powers (Education Act 1996 s.550ZA)

Head teachers and authorised staff may search pupils for "prohibited items" which include knives and offensive weapons. Crucially, consent is not required for searches for prohibited items. Reasonable force may be used when searching for items prohibited by law (including knives and weapons).

Procedural requirements (Education Act 1996 s.550ZB)

Normally searches should be conducted by a member of staff who is the same sex as the pupil. A witness should normally be present. However, there is an exception where there is risk of serious harm and it is not reasonably practicable to summon another staff member. Staff cannot require pupils to remove more than outer clothing (coat, jacket, hat, gloves, shoes). Strip searches can only be conducted by police under PACE.

Seizure and disposal (Education Act 1996 s.550ZC)

Staff may seize prohibited items found during a search. Knives and offensive weapons MUST be delivered to the police - they cannot be retained by the school, returned to the pupil, or disposed of by school staff. Other prohibited items may be retained, returned to the pupil or parent, or disposed of at the school's discretion.

Police entry powers (CJA 1988 s.139B)

A constable may enter school or FE premises without warrant and search the premises and any person on them if they have reasonable grounds to believe an offence under section 139A or 139AA is being or has been committed. Reasonable force may be used. Officers may seize and retain any bladed article or offensive weapon found.

Safeguarding considerations

Schools should involve the Designated Safeguarding Lead when weapons are discovered. Key questions to consider: Is the child at risk? Is there evidence of criminal exploitation or coercion? What support does the child need? Parents should be informed of any search and its outcome.

Penalties

Maximum sentences

For section 139A (blade/weapon on school premises): up to 4 years' imprisonment on indictment, or up to 12 months on summary conviction. This mirrors the penalties for public place offences.

Mandatory minimum sentences

The Sentencing Act 2020 section 315 applies to school premises offences. For repeat offenders aged 16+, a second relevant offence triggers mandatory minimum sentences: 6 months for adults (18+), 4-month Detention and Training Order for 16-17 year olds. For threatening offences under section 139AA, mandatory minimums apply even for first offences.

Key Legislation

• Criminal Justice Act 1988 s.139A: Blade/weapon on school premises
• Criminal Justice Act 1988 s.139AA: Threatening on school premises
• Criminal Justice Act 1988 s.139B: Police entry to school premises
• Education Act 1996 s.550ZA: Staff power to search
• Education Act 1996 s.550ZB: Search procedural requirements
• Education Act 1996 s.550ZC: Seizure of prohibited items
• Offensive Weapons Act 2019: Extended s.139A to FE premises