Offences and Powers - Private Places
The limited legal framework for knife possession in private places, focusing on prohibited weapons which are the only type unlawful in private settings.
Scope and Definitions
What are "private places"?
Private places are premises not accessible to the public. This includes homes and private dwellings, areas behind shop counters and staff-only areas, locked construction sites, and private offices not open to the public.
The critical distinction
Section 139 (bladed articles in public places) does NOT apply in private. Ordinary kitchen knives, tools, and other bladed articles are lawful to possess at home. The only possession offence that applies in private relates to prohibited weapons - the specific items banned under section 141 of the Criminal Justice Act 1988.
Boundary issues
Common areas of blocks of flats are often public places unless there are barriers or notices restricting access. Gardens attached to private homes are usually private. Driveways depend on whether the public has access - an open driveway to the front door may be public, while a gated drive is private. The key question is always whether the public have or are permitted access at the material time.
Offences
Possession of prohibited weapons (CJA 1988 s.141)
The Offensive Weapons Act 2019 section 46 amended section 141 to make it an offence to possess a prohibited weapon in private. This is the ONLY possession offence applicable in private settings for weapons. It came into force on 14 July 2021.
What weapons are prohibited?
The full list is set out in the Criminal Justice Act 1988 (Offensive Weapons) Order and includes: knuckledusters, swordsticks, handclaws, belt buckle knives, push daggers, hollow kubotan, footclaws, shuriken (throwing stars), balisongs (butterfly knives), telescopic truncheons, blowpipes/blowguns, kusari-gama, kyoketsu-shoge, manrikigusari, disguised knives (e.g. lipstick knives, comb knives), stealth knives, zombie knives, cyclone knives, zombie-style knives and machetes (added September 2024), ninja swords (added August 2025), flick knives, and gravity knives.
Threatening in private (OWA 2019 s.52)
NOTE: This provision is NOT YET IN FORCE as of January 2026. When commenced, it will create an offence of threatening with a blade or offensive weapon in private where a reasonable person would fear immediate serious physical harm.
What is NOT an offence
Possessing ordinary kitchen knives at home is lawful. Possessing tools, craft knives, scissors, and similar items in private is lawful. Possessing legal knives of any blade length in private is lawful, provided they are not prohibited weapons.
Defences and Exemptions
Statutory defences for prohibited weapons
Section 141 provides specific defences for possession of prohibited weapons in private:
- Antiques: Items over 100 years old may qualify as antiques (except flick knives and gravity knives, which have NO antiques exemption).
- Domestic use: For persons aged 16 or over, possession for use in the home is a defence for certain items.
- Museum/gallery: Possession as part of a collection for a museum or gallery.
- Theatrical/film: For use in theatrical performances, film, or television productions.
- Religious purposes: Possession for genuine religious observance.
- Martial arts: For use in historical re-enactment or martial arts practice.
- Historical re-enactment: Membership of a re-enactment organisation with public liability insurance.
Important note on flick and gravity knives
Flick knives and gravity knives have NO antiques exemption. Even if over 100 years old, possession remains an offence. This is a critical distinction from other prohibited weapons.
Enforcement Powers
Limited police powers in private
Police powers to enter and search private premises are significantly more restricted than in public places. Officers cannot simply stop and search in private - specific conditions must be met.
Entry without warrant (PACE s.17)
Police may enter premises without a warrant only in specific circumstances: to arrest for an indictable offence (which includes section 141 offences), to recapture an escaped prisoner, to save life or limb, or to prevent serious damage to property. General suspicion of possessing a prohibited weapon alone is insufficient.
Search after arrest (PACE s.18)
After a person has been arrested for an indictable offence, police may search any premises they occupied or controlled. This must be authorised by an Inspector (unless urgently required) and can only be for evidence relating to that offence or similar offences.
Search warrants (PACE s.8)
A Justice of the Peace may issue a warrant to enter and search premises if there are reasonable grounds to believe an indictable offence has been committed and there is material on the premises likely to be of substantial value to the investigation. Application must demonstrate that entry would not be granted voluntarily.
Penalties
Maximum sentences
For section 141 (possession of prohibited weapon in private): up to 51 weeks' imprisonment on summary conviction. This is notably lower than the 4-year maximum for public place offences under section 139.
No mandatory minimum
Unlike public place offences, there is NO mandatory minimum sentence for possession of prohibited weapons in private. Sentencing is entirely at the court's discretion within the statutory maximum.
Key Legislation
- Criminal Justice Act 1988 s.141: Prohibited weapons (as amended by OWA 2019)
- Offensive Weapons Act 2019 s.46: Extended s.141 to private possession
- Offensive Weapons Act 2019 s.52: Threatening in private (NOT YET IN FORCE)
- PACE 1984 s.17: Entry without warrant
- PACE 1984 s.18: Search after arrest
- PACE 1984 s.8: Search warrants