Criminal Justice Act 1988

The Criminal Justice Act 1988 is a wide-ranging United Kingdom Act covering criminal procedure, sentencing, evidence, extradition, compensation, and several weapons offences. In public discussion it is often cited for section 139, the offence of having an article with a blade or point in a public place.

The Act has been amended many times. Current law should be checked through the revised legislation rather than relying on the original 1988 text.

Scope

The Act is not a single-topic statute. Its original purposes included changes to extradition, criminal evidence, sentencing appeals, fines, probation, criminal injuries compensation, miscarriage of justice compensation, torture, indecent images, police powers, and weapons.

On iWiki, the most commonly linked parts are the provisions on:

• Articles with blades or points.
• Offensive weapons orders.
• Sale of knives and similar articles to people under 18.
• Possession of certain prohibited weapons in private, following later amendments.

Section 139: Bladed Articles in Public

Section 139 makes it an offence to have an article with a blade or sharp point in a public place without good reason or lawful authority.

The section excludes a folding pocket knife, unless the cutting edge of its blade exceeds 3 inches. A lock knife is generally not treated as a folding pocket knife because it is not immediately foldable at all times.

Examples of good reason can include use at work, religious reasons, national costume, lawful outdoor activity, transport home from purchase, or taking tools directly to a job. The reason must fit the circumstances.

Section 139A: Schools and Further Education Premises

Section 139A deals with knives, bladed articles, and offensive weapons on school premises and further education premises. The setting makes the law stricter than ordinary public-place possession.

The same item may be viewed differently in a workshop, campsite, kitchen, school, or street. Context is central.

Section 139AA: Threatening with a Weapon or Blade

Section 139AA covers threatening with an offensive weapon or article with a blade or point in public and on certain premises. Where threats are made, prosecutors may prefer a threatening offence rather than simple possession because it reflects the seriousness of the conduct.

Section 141: Offensive Weapons Orders

Section 141 gives power to control specified offensive weapons through orders. The Criminal Justice Act (Offensive Weapons) Order 1988 and later amendments list weapons whose manufacture, sale, hire, lending, giving, importation, or possession may be prohibited or restricted.

The Offensive Weapons Act 2019 expanded private-possession controls for some weapons that had previously been controlled mainly by sale and supply offences.

Section 141A: Sale to Under-18s

Section 141A makes it an offence to sell certain knives and bladed or sharply pointed articles to a person under 18, subject to statutory wording and defences. The 2019 Act added further online sale and delivery controls.

Relationship with Offensive Weapon Law

The Act's bladed article offence is not the same as the offensive weapon offence under the Prevention of Crime Act 1953.

For section 139, the prosecution does not need to prove offensive intent. The question is whether the person had a bladed or sharply pointed article in public, and whether they can prove good reason or lawful authority.

For the 1953 Act offence, the question is whether the article was made, adapted, or intended for causing injury.

Practical Examples

Chef Travelling to Work

A chef takes wrapped kitchen knives directly to work. That may be a good reason under section 139.

Lock Knife in a Pocket

A person carries a lock knife while shopping with no work, outdoor, or transport reason. Section 139 is likely to be in issue.

Small Folding Pocket Knife

A small non-locking folding pocket knife with a cutting edge of 3 inches or less is normally outside section 139. It may still become an offensive weapon if carried for use in violence.

Threatening Conduct

A person pulls out a knife during an argument and makes another person fear violence. The case may involve threatening offences as well as possession.

Later Developments

Weapons law has been repeatedly amended. Important later legislation includes the Offensive Weapons Act 2019 and the Crime and Policing Act 2026. As at 22 June 2026, section 28 of the 2026 Act, which inserts a new offence concerning possession of a bladed article or offensive weapon with intent to use unlawful violence or cause serious unlawful damage, is marked prospective on legislation.gov.uk.

See Also

• Bladed articles
• Folding pocket knife
• Offensive weapon
• Offensive Weapons Act 2019
• Prevention of Crime Act 1953

References

• Criminal Justice Act 1988
• Criminal Justice Act 1988, section 139
• Criminal Justice Act 1988, section 139A
• Criminal Justice Act 1988, section 139AA
• Criminal Justice Act 1988, section 141
• Criminal Justice Act 1988, section 141A
• Crown Prosecution Service: Knife and other weapons offences
• Crime and Policing Act 2026 knife crime factsheet