Offences and Powers - Public Places

Scope and Definitions

What is a "public place"?

The statutory definition is "any place to which at the material time the public have or are permitted access, whether on payment or otherwise." This covers streets, parks, public transport (buses, trains, trams), pubs and restaurants, shops and shopping centres, car parks, hospital public areas, and vehicles on public roads.

Key definitions

A bladed article means any article which has a blade or is sharply pointed. This broad definition covers knives, scissors, craft knives, and any other item with a cutting edge or point.

An offensive weapon falls into one of three categories:

• Made offensive (offensive per se): Items manufactured as weapons such as flick knives, butterfly knives, knuckledusters, and daggers. The object's nature establishes the offence.
• Adapted offensive: Items modified to cause injury, such as broken bottles or sharpened screwdrivers. The adaptation demonstrates intent.
• Intended offensive: Any object carried with intent to cause injury. For this category, prosecution must prove the defendant's intent.

Boundary issues

Common areas of blocks of flats are generally public places unless there are barriers or notices restricting access. Private land may become a public place where the public have access, such as pub car parks during opening hours. The key question is always whether the public have or are permitted access at the material time.

Offences

Having a bladed article (CJA 1988 s.139)

This is the primary knife possession offence. The elements are: (1) the person has with them (2) an article with a blade or sharp point (3) in a public place. The phrase "has with them" means the article must be readily accessible and the person must know they have it.

The offence covers any blade or sharp point except a folding pocketknife with a cutting edge not exceeding 3 inches (7.62cm). Importantly, lock knives are NOT exempt regardless of blade length because they are not genuinely "folding" - the blade locks into place.

Having an offensive weapon (PCA 1953 s.1)

This offence has four elements: (1) has with them (2) an offensive weapon (3) in a public place (4) without lawful authority or reasonable excuse. For weapons that are "made" or "adapted" offensive, the nature or condition of the object establishes the offence. For weapons that are "intended" offensive, prosecution must prove the defendant's intent to use the item to cause injury.

Threatening with a blade or weapon (CJA 1988 s.139AA)

This offence requires threatening another person with a bladed article or offensive weapon in a public place in an unlawful manner, such that a reasonable person exposed to the threat would think there is immediate risk of serious physical harm. Mandatory minimum sentences apply even for first offences.

Prohibited weapons (CJA 1988 s.141)

Possession of prohibited weapons is an offence in any location, including public places. The full list includes zombie knives, butterfly knives, push daggers, and other specified weapons. Recent additions include zombie-style knives and machetes (September 2024) and ninja swords (August 2025). See the Prohibited Weapons List guidance for the complete list.

Defences and Exemptions

Statutory defences

Section 139 provides explicit defences for possession:

• Good reason: The defendant must show a specific, legitimate reason for having the article.
• Lawful authority: Applies to those whose work requires carrying such items, such as police officers.
• For use at work: The person was carrying the article for use at their job. Case law requires a genuine temporal connection to work.
• For religious reasons: Protects items required by religious observance, most notably the Sikh kirpan.
• As part of national costume: Covers items like the Scottish sgian-dubh when worn as part of Highland dress.

For the Prevention of Crime Act 1953, the defences are lawful authority and reasonable excuse.

Burden of proof

The defendant bears the evidential burden of raising a defence, and must prove it on the balance of probabilities. Once possession in a public place is established, the onus shifts to the defendant.

Case law guidance

In Garry v CPS [2019], the court established that the work defence requires a genuine temporal connection to work attendance. Courts will also assess whether alternative non-weapon tools existed. Simply using an item for work is not enough - there must be a reasonable connection to actually going to or from work.

Exemptions

The only exemption from section 139 is a folding pocketknife with a blade not exceeding 3 inches (7.62cm). The knife must be genuinely folding with no locking mechanism. Lock knives and Swiss Army knives with locking blades do not qualify.

What is NOT a defence

Self-defence preparation is not a defence absent an imminent, specific threat. Carrying a knife "just in case" or "for protection" will not succeed. "I forgot it was there" is generally insufficient - while it may go to mitigation, the offence is one of strict liability regarding possession.

Enforcement Powers

Stop and search with reasonable suspicion (PACE s.1)

Police officers may stop and search any person or vehicle in a publicly accessible place where they have reasonable grounds to suspect the person is carrying a prohibited article, offensive weapon, or bladed article. The grounds must be genuine and objectively reasonable - they cannot be based solely on personal factors such as appearance or race. Officers must follow GOWISELY requirements: Grounds, Object of search, Warrant card (if plain clothes), Identity, Station, Entitlement to a copy, Legal power, and You are detained for the search.

Suspicionless stop and search (CJPOA 1994 s.60)

Section 60 authorises stop and search without individual suspicion within a defined area. An Inspector or above must authorise its use based on a reasonable belief that serious violence may occur, or that persons are carrying dangerous instruments or offensive weapons without good reason. Authorisation covers a defined geographic area for up to 24 hours initially, extendable by a Superintendent for a further 24 hours. Within the authorised area, officers do not need reasonable suspicion for any particular search.

Seizure

Officers may seize articles found during a lawful search under PACE section 19, including any bladed article or offensive weapon discovered and anything reasonably believed to be evidence of an offence.

Surrender schemes

Under the Offensive Weapons Act 2019, the Home Office may run surrender schemes (knife amnesties) for prohibited weapons. During an active amnesty, possession of a surrendered weapon is not an offence. Compensation may be available for lawfully-held prohibited weapons that become unlawful due to changes in the law.

Penalties

Maximum sentences

For section 139 (bladed article in public place): up to 4 years' imprisonment on indictment, or up to 12 months on summary conviction. For Prevention of Crime Act 1953 section 1 (offensive weapon): up to 4 years' imprisonment on indictment, or up to 12 months on summary conviction. For section 139AA (threatening): up to 4 years' imprisonment on indictment, or up to 12 months on summary conviction.

Mandatory minimum sentences

The Sentencing Act 2020 section 315 imposes mandatory minimum sentences for repeat offenders aged 16 or over. A second "relevant offence" triggers the mandatory minimum. For adults (18+), the minimum custodial sentence is 6 months' imprisonment. For 16-17 year olds, the minimum is a 4-month Detention and Training Order. For threatening offences under section 139AA, mandatory minimum sentences apply even for first offences.

Exceptional circumstances

Courts may depart from the mandatory minimum only where exceptional circumstances exist relating to the offence, the previous offences, or the offender that would make the prescribed minimum sentence unjust.

Key Legislation

• Criminal Justice Act 1988 s.139: Having bladed article in public place
• Criminal Justice Act 1988 s.139AA: Threatening with blade in public place
• Criminal Justice Act 1988 s.141: Prohibited weapons
• Prevention of Crime Act 1953 s.1: Offensive weapons in public place
• PACE 1984 s.1: Stop and search with reasonable suspicion
• CJPOA 1994 s.60: Suspicionless stop and search
• Sentencing Act 2020 s.315: Mandatory minimum sentences
• Offensive Weapons Act 2019: Amendments and surrender schemes