Criminal Justice Act 1988

[^key-ddf441787c0273997c5b877bc959f3c3]: S. 133(5)(f) and word inserted (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 3(b) (with Sch. 8)

[^key-dee5dff40539229c78769d57fcb3596e]: S. 139AA modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[^key-e34226464cf44b5f534f1f11a836d172]: Sch. 15 para. 104 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)

[^key-e37fc03f222d12313768b852b21053bb]: S. 23(5) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(2), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

[^key-e4e9b0d753e1cb8a464c7a96f537699a]: Words in s. 36(9)(a) substituted (with application in accordance with s. 41(1) of the amending Act) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 41(5), 87(1); S.R. 2010/113, art. 2, Sch. para. 12

[^key-e6749b7a0e7a60e8022f025ddcb2cf1b]: Words in s. 32 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 5(a)

[^key-e75c46d9caf3b1d0236403f872647c06]: S. 41 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(8), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

[^key-e93a8ba43b2f38edb09e572d03520228]: S. 141(8A) inserted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(5), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^key-e953a249ab1d1742d9bd6823481cf033]: S. 141(7A) inserted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(4), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^key-e99cb8901743e144d727f99fc7df09ea]: S. 133(4B) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 113(1)(d), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 7)

[^key-e9d3f84081c4ea272f379d3f4131a090]: Sch. 12 para. 5(bc)(bd) inserted (N.I.) (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 12(3)

[^key-ecc190a2f54ede5b85009362e77eeb01]: S. 141A(4)-(4C) substituted (S.) (28.3.2011) for s. 141A(4) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 36(4), 206(1); S.S.I. 2011/178, art. 2, Sch.

[^key-ef240cec2f759980e9f5fb9af73cd765]: S. 133(5)(d) omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 3(a) (with Sch. 8)

[^key-f35770fe29db6179bfb0535754769267]: S. 133(8)(9) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 113(1)(g), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 7)

[^key-f65d5af0a9366f98293e8c1c74ddf3e3]: Words in s. 139A(5)(a) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-f7000cc6e3b5ef278b0044c536cf549a]: Words in s. 36(3A) omitted by virtue of 2008 c. 4, s. 46(2) (as substituted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 267 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

[^key-f752802d0a6d386acd7f114b0618da61]: Words in Sch. 13 para. 6(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 76; 2020 c. 1, Sch. 5 para. 1(1)

[^key-f96a16711b73a251ee77386e533d7de1]: S. 40(3)(ac) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 31; S.I. 2015/778, art. 2(1)(d)

[^key-fc28255899257ee3058ea9593d24ccfa]: Words in s. 172(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 7; S.I. 2012/2770, art. 2(f)

[^key-ffcb7b96dbce3ba3ff264be1fe5c797b]: Words in s. 141(11D)(a) inserted (E.W.N.I.) (14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 46(11), 70(1)(2); S.I. 2021/819, reg. 2(d)

[^M_F_1fdbdeba-c89e-4509-e2d0-7e7c0afe08e2]: S. 139A(7)(b) repealed (N.I.) (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(1), Sch. 8 Pt. 5

[^M_F_49da0ad7-5f76-403f-e53e-f9df009063d5]: By The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1 it is provided that (28.4.2022) the words “2 May 2022” are substituted for the words “the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020”

[^M_F_4f803230-06ec-4730-b399-596d3dfbdf56]: S. 141A(3)(b) and word omitted (1.1.2022 for S., 6.4.2022 for E.W.) by virtue of Offensive Weapons Act 2019 (c. 17), ss. 34(1)(b), 70(1)(2); S.S.I. 2020/410, reg. 2(e); S.I. 2022/418, reg. 2(b) (with reg. 3)

[^M_F_5223570f-4f3c-4567-b951-0e27757560b4]: Words in s. 141(9) substituted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(6), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^M_F_7439815d-ee22-4740-8f71-f935ba9ec5fb]: S. 139A(5A)-(5G) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^M_F_748fee68-fd8c-4207-d1f8-0c818b63b222]: Word in s. 141A(3)(a) inserted (1.1.2022 for S., 6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 34(1)(a), 70(1)(2); S.S.I. 2020/410, reg. 2(e); S.I. 2022/418, reg. 2(b) (with reg. 3)

[^M_F_75ab3656-14a8-46a6-b867-6cf2808c3925]: S. 133A(9)-(12) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 6 para. 3 (with arts. 28-31)

[^M_F_7744b103-9b87-4a8a-e6f5-4d56cdccf0f8]: S. 30(4A) inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para.32 (with s. 78(1)); S.I. 1997/683, art. 1(2)

[^M_F_920b77aa-0305-41ab-a233-6321a9afc98e]: Words in s. 172(2) repealed (E.W.S.) (8.11.1995) by 1995 c. 53, s. 12(7), Sch.

[^M_F_97a28bd3-50ab-40e0-d40e-4591b010ea28]: Words in s. 172(4) repealed (E.W.S.) (8.11.1995) by 1995 c. 53, s. 12(7), Sch.

[^key-b68bbeb8a627926f0f65c82f63ba3b66]: S. 133(5)(h) and word inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 8

[^key-50f4fbafb701bf3d70ee18833efae536]: S. 133(5) modified (E.W.N.I.) (24.5.2024) by Post Office (Horizon System) Offences Act 2024 (c. 14), ss. 7(3), 11(2) (with ss. 3(5), 10(3))

[^key-46afb27f88cfd3b706dc1c6fe6774968]: S. 133(5) modified (S.) (14.6.2024) by Post Office (Horizon System) Offences (Scotland) Act 2024 (asp 6), ss. 7(2), 10 (with s. 9(2))

[^V_S_df7696d3-d24e-0180-09e0-54078f40356d]: 1979 c. 2.

[^V_S_a093e930-77a1-398b-b684-08d72fae4a84]: S. 141 modified (S.) (27.3.2023) by Offensive Weapons Act 2019 (c. 17), ss. 46(18)(19), 70(1)(2); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_2d326f6f-1406-8ba0-f593-898978bf11ef]: 1952 c. 67.

[^V_S_b635ad70-1338-ed78-5867-fbdae7766de1]: Word in s. 141(5)(8)(9) substituted (S.) (1.11.2007) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), s. 60(1)(a); S.S.I. 2007/431, art. 3, Sch.; and substituted (E.W.N.I.) (6.4.2008) by Violent Crime Reduction Act 2006 (c. 38), ss. 43(3), 51, 66(2), Sch. 2 para. 11(2); S.I. 2008/791, art. 3(a)(c)

[^V_S_0e7e6396-ead4-67bd-bf8a-2e02cccfcab9]: S. 141 applied (S.) (29.9.2005) by The Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 (S.S.I. 2005/483), art. 2, Sch.

[^V_S_95dac41d-49c7-33fb-25c3-5030e8c6f4a7]: S. 141(7A) inserted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(4), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_503e6dc2-0087-bb78-3be7-2bca6962b6f0]: Words in s. 141(11F) substituted (27.3.2023) by Offensive Weapons Act 2019 (c. 17), ss. 46(14), 70(2); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_5e4b15cd-7225-5cd7-1916-5bc019be1221]: 1968 c. 27.

[^V_S_85f53946-8b2c-0f58-cb89-bb45b0782814]: Words in s. 141(5)(a) inserted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(3), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_7ca43dc6-3745-f0d3-0940-6330a39283ae]: 1968 c. 27.

[^V_S_b7c936c2-b753-b6f1-b713-11df0d319af6]: S.I. 1981/155 (N.I. 2).

[^V_S_de122a3a-cd8a-ad1e-46c0-f54292a89e3f]: S. 141(11ZA) inserted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(7), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_affad853-e83f-73a1-3fdd-3cd235538007]: S. 141(12A) inserted (1.1.2021 for S., 14.7.2021 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 46(15), 70(1)(2); S.S.I. 2020/410, reg. 2(g); S.I. 2021/819, reg. 2(d)

[^V_S_d744cf17-735c-94f1-4676-d83c05ca70f0]: Words in s. 141(13) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 31(2) (with arts. 28-31)

[^V_S_81f13f16-f1d2-16b9-fcd1-457cd5c8e988]: Words in s. 141(11A) inserted (S.) (27.3.2023) by Offensive Weapons Act 2019 (c. 17), ss. 46(12), 70(2); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_543e3145-719d-5f22-553e-996400013c0c]: Word in s. 141(13) substituted (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), arts. 81, 82, Sch. 7 para. 11; S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

[^V_S_40e3aaa4-547b-6bc0-631e-bd116e886f1f]: This version of this provision extends to Scotland only; separate versions have been created for England and Wales and Northern Ireland only

[^V_S_7e27bf0e-2153-078f-d4f6-8048b82c9338]: 1964 c. 29.

[^V_S_db4b9319-835f-a99e-22cd-c5eb3f461d87]: S. 141(11A)-(11J) inserted (S.) (1.11.2007 for purpose of inserting subsections (11F) to (11J) and otherwise prosp. for inserting (11A) to (11E)) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 60(2), 67; S.S.I. 2007/431, art. 3, Sch.

[^V_S_e7d35aa5-c5c3-8f13-ab3a-ef57ab15404e]: S. 141(1A)-(1F) inserted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(2), 70(1)(2) (with s. 46(18)(19)); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_8b8ba407-a769-7a02-201a-56a094444902]: S. 141(11AA) inserted (S.) (27.3.2023) by Offensive Weapons Act 2019 (c. 17), ss. 46(13), 70(2); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_363f8a2d-ace2-5532-9d17-f4db4739f0c1]: S. 141(3) repealed (S.) (1.11.2007) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 66(2), 67, Sch. 5; S.S.I. 2007/431, art. 3 Sch.; and repealed (E.W.N.I.) (1.4.2008) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(2), Sch. 5; S.I. 2008/791, arts. 2(e)

[^V_S_83d04477-1318-c9da-3f87-76fd977b811f]: S. 141(8A) inserted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(5), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^V_S_4f9aefab-e3c8-c9e1-d997-cbab697a384f]: Words in s. 141(9) substituted (14.7.2021 for E.W., 27.3.2023 for S.) by Offensive Weapons Act 2019 (c. 17), ss. 46(6), 70(1)(2); S.I. 2021/819, reg. 2(d); S.S.I. 2023/72, reg. 2(1)(b)

[^M_E_94442d10-4602-43b4-8f58-6469fb360dff]: This version of this provision extends to England and Wales only; separate versions have been created for Scotland and Northern Ireland only

[^M_E_8c6205d9-0526-4cab-df86-76e9d0a08df9]: This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales and Scotland only

[^V_NI_d68869c3-ccc6-273f-39b3-9e6d799cea4e]: Words in s. 141(1) substituted (N.I.) (16.7.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1), arts. 1, 90(5); S.R. 2008/293, art. 2, Sch.

[^V_NI_ea223fd8-561a-b14f-d20a-907df660dfe2]: 1964 c. 29.

[^V_NI_7cfc676e-7a44-c9cf-f820-ebb16ae3b996]: 1979 c. 2.

[^V_NI_36a04863-dde9-d260-cbbf-7eb6c9a7abeb]: 1952 c. 67.

[^V_NI_63cbfe8c-ffa1-2852-6334-af0827ee0e47]: Word in s. 141(13) substituted (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), arts. 81, 82, Sch. 7 para. 11; S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

[^V_NI_e7545a09-2b08-1059-2935-ed0a873f04dd]: 1968 c. 27.

[^V_NI_f5fd782c-a76c-a176-1dba-ed95e5a85581]: S. 141(11A)-(11E) inserted (E.W.N.I.) (1.4.2008 for purpose of inserting (11D) and (11E) and 6.4.2008 in so far as not already in force) by Violent Crime Reduction Act 2006 (c. 38), ss. 43(4), 51, 66(2), Sch. 2 para. 11(3); S.I. 2008/791, arts. 2(c), 3(c)

[^V_NI_b2a718c7-d8b0-a266-f859-6d8ac61394dc]: Words in s. 141(13) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 31(2) (with arts. 28-31)

[^V_NI_51ab2a32-04a3-3b95-1ac0-8655c99671ee]: S.I. 1981/155 (N.I. 2).

[^V_NI_0f8bd1f2-0031-3c53-827e-642a703373a6]: 1968 c. 27.

[^V_NI_8fb90d4b-e871-150a-9fe5-a0e1d9090734]: S. 141(3) repealed (S.) (1.11.2007) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 66(2), 67, Sch. 5; S.S.I. 2007/431, art. 3 Sch.; and repealed (E.W.N.I.) (1.4.2008) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(2), Sch. 5; S.I. 2008/791, arts. 2(e)

[^V_NI_559640dd-32c1-756d-b917-ba09e3e72b79]: S. 141(14)-(17) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 31(3) (with arts. 28-31)

[^V_NI_1f543127-7e5a-e934-af03-b64553e44a40]: Word in s. 141(5)(8)(9) substituted (S.) (1.11.2007) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), s. 60(1)(a); S.S.I. 2007/431, art. 3, Sch.; and substituted (E.W.N.I.) (6.4.2008) by Violent Crime Reduction Act 2006 (c. 38), ss. 43(3), 51, 66(2), Sch. 2 para. 11(2); S.I. 2008/791, art. 3(a)(c)

[^key-91611bb59de338b1567c3e265dd2aba7]: S. 133A(5A) inserted (29.10.2025) by The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025 (S.I. 2025/1139), arts. 1(2), 2(2)(b) (with art. 4(1))

[^key-78b5e8a501210171af0d818162621666]: Words in s. 133A(5) substituted (29.10.2025) by The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025 (S.I. 2025/1139), arts. 1(2), 2(2)(a) (with art. 4(1))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal damage etc. as summary offences.

Criminal damage etc. as summary offences.

Remands of suspected drug offenders to . . . detention.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Scope of Part IV.

Certain either way offences relating to motor vehicles to be summary offences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to include requirements in supervision orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Certain either way offences relating to motor vehicles to be summary offences.

Criminal damage etc. as summary offences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Review of cases where proceeds of crime not assessed.

Miscarriages of justice: amount of compensation

Offence of having article with blade or point (or offensive weapon) on school premises.

Miscarriages of justice: amount of compensation

Importation of offensive weapons: prohibition

Prohibition on importation of offensive weapons: exceptions

Sale of knives and certain articles with blade or point to persons under sixteen.

Assistance to Isle of Man and Channel Islands.

Application of section 141 to swords: further provision

Possession of indecent photographs of children: Scotland.

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to include requirements in supervision orders.

Offence of threatening with article with blade or point or offensive weapon

8

In relation to an assessor appointed by the Department of Justice in Northern Ireland, in this Schedule—

• (a) references to the Secretary of State are to be read as references to the Department of Justice;

• (b) references to the Treasury are to be read as references to the Department of Finance and Personnel in Northern Ireland.

Notes

Criminal damage etc. as summary offences.

Confiscation relating to a course of criminal conduct.

Certain either way offences relating to motor vehicles to be summary offences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Crown Court to deal with summary offence where person committed for either way offence.

Increase of maximum fine under s.32 of the Game Act 1831.

Statements, etc. relevant to making confiscation orders.

Torture.

Offence of having article with blade or point (or offensive weapon) on school premises.

Power of entry to search for articles with a blade or point and offensive weapons.

Application of section 141 to swords: further provision

Torture.

Application of section 141 to swords: further provision

Prohibition on importation of offensive weapons: exceptions

Customs and Excise power of arrest.

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Notes

- Making of confiscation orders.

Confiscation relating to a course of criminal conduct.

Provision of information by defendant.

Revision of assessment of amount to be recovered.

Interest on sums unpaid under confiscation orders.

Restraint orders.

Concealing or transferring proceeds of criminal conduct.

Torture.

Offence of having article with blade or point (or offensive weapon) on school premises.

Power of entry to search for articles with a blade or point and offensive weapons.

Application of section 141 to swords: further provision

Prohibition on importation of offensive weapons: exceptions

Prohibition on importation of offensive weapons: burdens of proof

Customs and Excise power of arrest.

Prohibition on importation of offensive weapons: exceptions

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement of Attorney General’s consent for prosecutions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Application of sections 93A to 93D to Scotland.

Extension of certain offences to Crown servants and exemptions for regulators etc.

Authority for search.

Disclosure of information held by government departments.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bail: hostel conditions.

Common assault and battery to be summary offences.

Definition of principal terms used.

Statements, etc. relevant to making confiscation orders.

Offence of having article with blade or point (or offensive weapon) on school premises.

Offence of threatening with article with blade or point or offensive weapon

139AA

• (1) A person is guilty of an offence if that person—

• (a) has an article to which this section applies with him or her in a public place or on school premises,

• (b) unlawfully and intentionally threatens another person (“A”) with the article, and

• (c) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

• (1A) A person is guilty of an offence if that person—

• (a) has an article to which this section applies with them on further education premises,

• (b) unlawfully and intentionally threatens another person (“A”) with the article, and

• (c) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

• (2) In relation to a public place this section applies to an article to which section 139 applies.

• (3) In relation to school premises this section applies to each of these—

• (a) an article to which section 139 applies;

• (b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

• (3A) In relation to further education premises this section applies to each of these—

• (a) an article to which section 139 applies;

• (b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section—

• “further education premises” means land used solely for the purposes of— an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), ora 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;

• “ public place ” has the same meaning as in section 139;

• “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; and “school” has the meaning given by section 4 of the Education Act 1996.

• (6) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

• (6A) For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 139 or 139A, the person may be convicted of the offence under that section.

139A

• (1) Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.

• (2) Any person who has an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.

• (3) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.

• (4) Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—

• (a) for use at work,

• (b) for educational purposes,

• (c) for religious reasons, or

• (d) as part of any national costume.

• (5) A person guilty of an offence under subsection (1) or (2) shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.

• (6) In this section and section 139B “ 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; and “ school ” has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.

• (7) In the application of this section to Northern Ireland—

• (a) the reference in subsection (2) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987; and

• (b) the reference in subsection (6) above to section 4 of the Education Act 1996 is to be construed as a reference to Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.

Offence of threatening with article with blade or point or offensive weapon

139AA

• (1) A person is guilty of an offence if that person—

• (a) has an article to which this section applies with him or her in a public place or on school premises,

• (b) unlawfully and intentionally threatens another person with the article, and

• (c) does so in such a way that there is an immediate risk of serious physical harm to that other person.

• (2) In relation to a public place this section applies to an article to which section 139 applies.

• (3) In relation to school premises this section applies to each of these—

• (a) an article to which section 139 applies;

• (b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

• (4) For the purposes of this section physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

• (5) In this section—

• “public place” has the same meaning as in section 139;

• “school premises” has the same meaning as in section 139A.

• (6) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

• (7) Where a person aged 16 or over is convicted of an offence under this section, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which—

• (a) relate to the offence or to the offender, and

• (b) would make it unjust to do so in all the circumstances.

• (8) In this section “appropriate custodial sentence” means—

• (a) in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months;

• (b) in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months.

• (9) In considering whether it is of the opinion mentioned in subsection (7) in the case of a person aged under 18, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933.

• (10) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 12 months is to be read as a reference to 6 months.

• (11) In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (8)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.

• (12) If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 139 or 139A, the person may be convicted of the offence under that section.

Prohibition on importation of offensive weapons: burdens of proof

Prohibition on importation of offensive weapons: burdens of proof

Customs and Excise power of arrest.

Marriage and other relationships

Prohibition on importation of offensive weapons: exceptions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences under sections 139 and 139A: previous relevant convictions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offensive weapons.

Notes

Revision of assessment of amount to be recovered.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain either way offences relating to motor vehicles to be summary offences.

Common assault and battery to be summary offences.

Revision of assessment of amount to be recovered.

Increase of maximum fine under s.32 of the Game Act 1831.

Miscarriages of justice: amount of compensation

Torture.

Offence of having article with blade or point (or offensive weapon) on school premises.

Offence of threatening with article with blade or point or offensive weapon

Application of section 141 to swords: further provision

Offensive weapons.

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Prohibition on importation of offensive weapons: burdens of proof

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on importation of offensive weapons: exceptions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on importation of offensive weapons: exceptions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain either way offences relating to motor vehicles to be summary offences.

Criminal damage etc. as summary offences.

Provision of information by defendant.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confiscation orders.

Power of Crown Court to deal with summary offence where person committed for either way offence.

Statements, etc. relevant to making confiscation orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscarriages of justice: amount of compensation

Torture.

Torture.

Offence of threatening with article with blade or point or offensive weapon

Offence of threatening with article with blade or point or offensive weapon

Prohibition on importation of offensive weapons: exceptions

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Importation of offensive weapons: prohibition

Marriage and other relationships

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Customs and Excise power of arrest.

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence of having article with blade or point (or offensive weapon) on school premises.

Offence of threatening with article with blade or point or offensive weapon

Requirement of Attorney General’s consent for prosecutions.

Application of section 141 to swords: further provision

Prohibition on importation of offensive weapons: exceptions

Prohibition on importation of offensive weapons: burdens of proof

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Marriage and other relationships

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Confiscation orders.

Confiscation relating to a course of criminal conduct.

Definition of principal terms used.

Revision of assessment of amount to be recovered.

Application of procedure for enforcing fines.

Cases in which restraint orders and charging orders may be made.

Concealing or transferring proceeds of criminal conduct.

Miscarriages of justice: amount of compensation

Torture.

Offence of having article with blade or point (or offensive weapon) on school premises.

Offence of threatening with article with blade or point or offensive weapon

Offence of threatening with article with blade or point or offensive weapon

Application of section 141 to swords: further provision

Prohibition on importation of offensive weapons: exceptions

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Marriage and other relationships

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence of threatening with article with blade or point or offensive weapon

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Cases where person has been detained for at least 10 years

Torture.

Offence of having article with blade or point (or offensive weapon) on school premises.

Power of entry to search for articles with a blade or point and offensive weapons.

Importation of offensive weapons: prohibition

Sale of knives and certain articles with blade or point to persons under sixteen.

Assistance to Isle of Man and Channel Islands.

Remands of suspected drug offenders to . . . detention.

Possession of indecent photographs of children: Scotland.

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on importation of offensive weapons: exceptions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Tipping-off.

Extension of certain offences to Crown servants and exemptions for regulators etc.

Offence of having article with blade or point (or offensive weapon) on school premises.

139AZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offensive weapons.

Application of section 141 to swords: further provision

Customs and Excise power of arrest.

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Assistance to Isle of Man and Channel Islands.

Customs and Excise power of arrest.

Marriage and other relationships

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Customs and Excise power of arrest.

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Order to make material available.

Cases where person has been detained for at least 10 years

Bail: hostel conditions.

Miscarriages of justice: amount of compensation

Torture.

Offence of having article with blade or point (or offensive weapon) on school premises.

Offences under sections 139 and 139A: previous relevant convictions

Offence of threatening with article with blade or point or offensive weapon

Offensive weapons.

Application of section 141 to swords: further provision

Prohibition on importation of offensive weapons: exceptions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Assistance to Isle of Man and Channel Islands.

Marriage and other relationships

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Torture.

Offence of having article with blade or point (or offensive weapon) on education premises.

Offence of threatening with article with blade or point or offensive weapon

Extension of constable’s power to stop and search.

Prohibition on importation of offensive weapons: exceptions

Defence to offence under section 141A where remote sale or letting on hire: Scotland

Power of justice of the peace to authorise entry and search of premises for offensive weapons.

Assistance to Isle of Man and Channel Islands.

Marriage and other relationships

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Defence to offence under section 141A where remote sale or letting on hire: Scotland

141C

• (1) This section applies if—

• (a) a person (“the accused”) is charged with an offence under section 141A (sale or letting on hire of bladed articles to persons under 18), and

• (b) the accused was not in the presence of the person (“the recipient”) to whom the article to which the charge relates was sold or let on hire at the time of the sale or letting on hire.

• (2) For the purposes of subsection (1)(b) the accused was not in the presence of the recipient at the time of the sale or letting on hire if—

• (a) where the accused is an individual, the accused or a person acting on the accused's behalf was not in the presence of the recipient at that time;

• (b) where the accused is not an individual, a person acting on the accused's behalf was not in the presence of the recipient at that time.

• (3) It is a defence for the accused to show that the conditions in subsections (5) to (8) are met.

• (4) The accused is to be taken to have shown a matter mentioned in subsections (5) to (8) if—

• (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

• (b) the contrary is not proved beyond reasonable doubt.

• (5) Condition A is that, at the time the offence is alleged to have been committed—

• (a) the accused operated a system for checking that persons who bought or hired articles to which section 141A applied by the same or a similar method of purchase or hire to that used by the recipient were not under the age of 18, and

• (b) that system was likely to prevent persons under the age of 18 from buying or hiring such articles by that method.

• (6) Condition B is that when the package containing the article was dispatched by the accused, it was clearly marked to indicate—

• (a) that it contained an article with a blade or which was sharply pointed (as the case may be), and

• (b) that, when finally delivered, it should only be delivered into the hands of a person aged 18 or over.

• (7) Condition C is that the accused took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of a person aged 18 or over.

• (8) Condition D is that the accused did not deliver the package, or arrange for its delivery, to a locker.

• (9) Where the article to which section 141A applied was dispatched by the accused to a place from which it was to be collected by the recipient or a person acting on behalf of the recipient, references in subsections (6) and (7) to the final delivery of the article are to be read as its supply to the recipient, or a person acting on behalf of the recipient, from that place.

• (10) In subsection (8) “locker” means a lockable container to which the package was delivered with a view to its collection by the recipient, or a person acting on behalf of the recipient, in accordance with arrangements made between the accused and the recipient.

Assistance to Isle of Man and Channel Islands.

Customs and Excise power of arrest.

Marriage and other relationships

Citation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

Offences under sections 139 and 139A: previous relevant convictions

Power of entry to search for articles with a blade or point and offensive weapons.

Extension of constable’s power to stop and search.

Application of section 141 to swords: further provision

Prohibition on importation of offensive weapons: exceptions

Prohibition on importation of offensive weapons: burdens of proof

Limitations on defence to offence under section 141A: England and Wales

141B

• (1) This section applies if—

• (a) a person (“the seller”) is charged with an offence under section 141A (sale of bladed articles to persons under 18), and

• (b) the seller was not in the presence of the person (“the buyer”) to whom the article to which the charge relates was sold at the time of the sale.

• (2) For the purposes of subsection (1)(b) the seller was not in the presence of the buyer at the time of the sale if—

• (a) where the seller is an individual, the seller or a person acting on the seller's behalf was not in the presence of the buyer at that time;

• (b) where the seller is not an individual, a person acting on the seller's behalf was not in the presence of the buyer at that time.

• (3) The seller is not to be regarded as having proved that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence unless, as a minimum, they prove that the following conditions are met.

• (4) Condition A is that, at the time the offence is alleged to have been committed—

• (a) the seller operated a system for checking that persons who bought articles to which section 141A applied by the same or a similar method of purchase to that used by the buyer were not under the age of 18, and

• (b) that system was likely to prevent persons under the age of 18 from buying such articles by that method.

• (5) Condition B is that when the package containing the article was dispatched by the seller, it was clearly marked to indicate—

• (a) that it contained an article with a blade or which was sharply pointed (as the case may be), and

• (b) that, when finally delivered, it should only be delivered into the hands of a person aged 18 or over.

• (6) Condition C is that the seller took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of a person aged 18 or over.

• (7) Condition D is that the seller did not deliver the package, or arrange for its delivery, to a locker.

• (8) Where the article to which section 141A applied was dispatched by the seller to a place from which it was to be collected by the buyer or a person acting on behalf of the buyer, references in subsections (5) and (6) to the final delivery of the article are to be read as its supply to the buyer or a person acting on behalf of the buyer from that place.

• (9) In subsection (7) “locker” means a lockable container to which the package was delivered with a view to its collection by the buyer, or a person acting on behalf of the buyer, in accordance with arrangements made between the seller and the buyer.