Diff: Criminal Justice Act 1988
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The Criminal Justice Act 1988 is a significant piece of legislation in the United Kingdom that introduces a range of reforms and provisions related to criminal justice procedures, criminal offences, and law enforcement powers. Enacted on 29 July 1988, the Act plays a crucial role in shaping the legal framework surrounding criminal justice and law enforcement practices. |
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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. |
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== Key Provisions == |
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The Criminal Justice Act 1988 encompasses a diverse array of provisions aimed at enhancing criminal justice procedures, addressing criminal offences, and empowering law enforcement, including: |
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The Act has been amended many times. Current law should be checked through the revised legislation rather than relying on the original 1988 text. |
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=== Confiscation of Proceeds of Crime === |
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One of the notable features of the Act is its provisions related to the confiscation of proceeds of crime. It introduces measures to enable authorities to seize assets acquired through criminal activities, including drug trafficking and other serious offences. |
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== Scope == |
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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. |
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=== Criminal Justice Procedures === |
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The Act introduces several reforms to criminal justice procedures, such as: |
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On iWiki, the most commonly linked parts are the provisions on: |
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* Criminal Evidence: It provides for new rules governing the admissibility of evidence, including the admissibility of previous convictions. |
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* Bail: The Act amends bail provisions, altering the criteria for granting bail to individuals accused of offences. |
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* Articles with blades or points. |
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* Offensive weapons orders. |
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* Sale of knives and similar articles to people under 18. |
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* Possession of certain prohibited weapons in private, following later amendments. |
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=== Firearms offences === |
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The Act introduces provisions related to firearms offences, including the creation of new offences and measures to strengthen regulation and control of firearms. |
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== Section 139: Bladed Articles in Public == |
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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. |
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=== Public Order offences === |
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The Act addresses public order offences, including measures to tackle violent behaviour, affray, and rioting. |
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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. |
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=== Juvenile Offenders === |
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The Act includes provisions concerning juvenile offenders, including changes to the treatment and rehabilitation of young offenders. |
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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. |
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== Offences Under the Criminal Justice Act 1988 == |
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The Criminal Justice Act 1988 is a significant piece of legislation in the United Kingdom that addresses various aspects of criminal justice, including offences related to criminal behaviour, public order, and the administration of justice. The Act introduces a range of offences aimed at deterring criminal activities, ensuring fair trials, and maintaining public order. Below is a breakdown of some of the key offences outlined in the Criminal Justice Act 1988: |
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== Section 139A: Schools and Further Education Premises == |
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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. |
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=== Section 3: Threats to Kill === |
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This section addresses the offence of making threats to kill another person. It is an offence to make a threat to kill, whether explicit or implied, with the intent to cause fear of death or serious harm. The offence encompasses written, verbal, and electronic communications. |
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The same item may be viewed differently in a workshop, campsite, kitchen, school, or street. Context is central. |
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=== Section 4: Possessing Articles for Use in Fraud === |
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This section pertains to the possession of articles intended for use in committing or facilitating fraud. It is an offence to possess articles, such as equipment or materials, with the intent to use them for fraudulent purposes, such as forgery, deception, or financial gain. |
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== Section 139AA: Threatening with a Weapon or Blade == |
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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. |
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=== Section 9: False Statements Made Otherwise than on Oath === |
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This section addresses false statements made in non-judicial settings. It is an offence to knowingly make a false statement, whether written or verbal, with the intent to deceive, mislead, or cause harm, in circumstances where the statement may be relied upon. |
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== Section 141: Offensive Weapons Orders == |
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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. |
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=== Section 15: Possession of Articles for Breaking into Any Part of Building or Land === |
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This section relates to the possession of articles intended for use in breaking into buildings or land. It is an offence to possess tools, equipment, or materials with the intent to use them for unlawful entry, burglary, or trespass. |
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The [[Offensive Weapons Act 2019]] expanded private-possession controls for some weapons that had previously been controlled mainly by sale and supply offences. |
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=== Section 17: Forgery === |
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This section pertains to the offence of forgery, which involves creating or altering documents with the intent to deceive or defraud. It is an offence to make a false instrument, including documents, stamps, and marks, with the intent to induce others to accept it as genuine. |
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== Section 141A: Sale to Under-18s == |
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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. |
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=== Section 25: Possession of Firearms with Intent to Endanger Life === |
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This section addresses the possession of firearms with the intent to endanger life. It is an offence to possess a firearm, imitation firearm, or ammunition with the intent to use them to endanger life, cause serious harm, or commit other serious offences. |
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== Relationship with Offensive Weapon Law == |
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The Act's bladed article offence is not the same as the [[Offensive weapon|offensive weapon]] offence under the [[Prevention of Crime Act 1953]]. |
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=== Section 52: Violent Disorder === |
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This section addresses the offence of violent disorder, which involves a group of three or more persons using or threatening violence for a common purpose. It is an offence to participate in violent disorder that causes others to fear for their safety or disturbs public order. |
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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. |
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=== Section 63: Handling Stolen Goods === |
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This section pertains to the offence of handling stolen goods. It is an offence to buy, receive, or possess stolen property, knowing or believing it to be stolen, with the intent to dishonestly benefit oneself or another. |
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For the 1953 Act offence, the question is whether the article was made, adapted, or intended for causing injury. |
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== Impact and Criticisms == |
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The Criminal Justice Act 1988 has had a significant impact on the criminal justice system in the United Kingdom. It has contributed to the evolution of criminal procedures, the enhancement of law enforcement powers, and the strengthening of measures to combat organized crime and criminal enterprises. |
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== Practical Examples == |
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=== Chef Travelling to Work === |
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A chef takes wrapped kitchen knives directly to work. That may be a good reason under section 139. |
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While the Act has been praised for its efforts to improve the criminal justice system's efficiency and effectiveness, it has also faced criticisms. Some critics argue that certain provisions, particularly those related to the confiscation of assets, may disproportionately affect individuals who are not directly involved in criminal activities but may have benefited from them indirectly. |
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=== Lock Knife in a Pocket === |
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A person carries a lock knife while shopping with no work, outdoor, or transport reason. Section 139 is likely to be in issue. |
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== Amendments and Developments == |
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Since its enactment, the Criminal Justice Act 1988 has been subject to amendments and modifications to address emerging challenges, changes in societal norms, and advancements in legal and technological landscapes. These amendments have aimed to ensure that the Act remains relevant and effective in the evolving context of criminal justice. |
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=== Small Folding Pocket Knife === |
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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. |
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=== Threatening Conduct === |
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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. |
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== Later Developments == |
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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. |
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== See Also == |
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* [[Bladed articles]] |
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* [[Folding pocket knife]] |
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* [[Offensive weapon]] |
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* [[Offensive Weapons Act 2019]] |
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* [[Prevention of Crime Act 1953]] |
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== References == |
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* [https://www.legislation.gov.uk/ukpga/1988/33 Criminal Justice Act 1988] |
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* [https://www.legislation.gov.uk/ukpga/1988/33/section/139 Criminal Justice Act 1988, section 139] |
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* [https://www.legislation.gov.uk/ukpga/1988/33/section/139A Criminal Justice Act 1988, section 139A] |
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* [https://www.legislation.gov.uk/ukpga/1988/33/section/139AA Criminal Justice Act 1988, section 139AA] |
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* [https://www.legislation.gov.uk/ukpga/1988/33/section/141 Criminal Justice Act 1988, section 141] |
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* [https://www.legislation.gov.uk/ukpga/1988/33/section/141A Criminal Justice Act 1988, section 141A] |
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* [https://www.cps.gov.uk/prosecution-guidance/knife-and-other-weapons-offences Crown Prosecution Service: Knife and other weapons offences] |
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* [https://www.gov.uk/government/publications/crime-and-policing-act-2026-factsheets/crime-and-policing-act-2026-knife-crime-and-crossbows-factsheet Crime and Policing Act 2026 knife crime factsheet] |
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[[Category:Law]] |
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[[Category:Criminal law]] |
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[[Category:UK law]] |