BLADED ARTICLE • OFFENSIVE WEAPON • GOOD REASON

Knife & Offensive Weapon Offences

Knife and weapon allegations depend on the precise item, where and how it was possessed, what the prosecution says the item was designed, adapted or intended for, and whether a statutory defence such as good reason or lawful authority is available.

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KEY ANSWER

The position in brief

Knife and offensive-weapon law contains several distinct offences. Section 139 Criminal Justice Act 1988 addresses having a bladed or sharply pointed article in a public place without good reason or lawful authority. Other provisions cover offensive weapons, school premises, threatening conduct and prohibited weapons.

The first defence task is to identify the exact offence and item. A bladed article does not need to be carried with an intention to injure for section 139, whereas one category of offensive weapon depends on the carrier’s intention.

Legal issues

Current CPS guidance distinguishes offensive weapons made for causing injury, items adapted for that purpose and otherwise innocent items carried with an intention to cause injury. It also sets out statutory exceptions and good-reason defences for bladed articles.

The list of prohibited weapons has changed over time. CPS guidance updated 28 May 2026 records, among other changes, the prohibition of specified ninja swords from 1 August 2025. The alleged date and exact item therefore matter.

Evidence that matters

Relevant evidence includes photographs and measurements of the item, where it was located, ownership, work or activity records, purchase history, CCTV, body-worn video, messages and the defendant’s explanation at the time of search or interview.

Reasonable lines of enquiry

Enquiries may include confirming the actual dimensions and mechanics of the item, preserving search and body-worn video, obtaining employment or activity evidence supporting good reason, checking ownership and examining whether the item meets the statutory or prohibited-category definition.

What happens next

Weapon allegations may follow stop and search, arrest, vehicle or premises searches. Charge selection and sentencing consequences vary significantly by offence, age and previous qualifying convictions. Some provisions carry mandatory-minimum sentencing rules in specified circumstances.

Immediate steps

Keep all search and seizure paperwork. Do not dispose of related purchase, work or activity evidence. Write down why the item was present and how it came to be there while the circumstances are fresh.

What should you send us?

Send the allegation/charge, search record, custody/bail papers, item photographs or police description, work/activity documents, purchase evidence and next date.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can identify the exact statutory offence, analyse the item and possession circumstances, advise at interview, assess good reason/lawful authority, review search and body-worn video and conduct court proceedings.

Primary legal sources

CPS: Knife and Other Weapons Offences — updated 28 May 2026.

Criminal Justice Act 1988, section 139 — bladed and sharply pointed articles in public places.

Prevention of Crime Act 1953, section 1 — offensive weapons in public places.

RELATED GUIDANCE

Related services and guides

Serious Crime Defence

Main service page

Criminal Defence

Stage and procedure

Police Station Representation

Related guidance

Crown Court Representation

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Pre-Charge Representations

Related guidance

NEXT STEP

Discuss a knife or weapon allegation

Send the charge or allegation, item description, search circumstances and any evidence explaining possession.

Discuss a knife or weapon allegation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Does the prosecution have to prove I intended to use a knife as a weapon?

Not for every offence. For possession of a bladed or sharply pointed article under section 139, offensive intent is not an element. Other offensive-weapon categories can turn on intended use.

What is a good reason for carrying a bladed article?

It is fact-specific. Work, religious reasons and national costume are expressly addressed in the legislation, and other explanations may amount to good reason depending on the circumstances.

Is a folding pocketknife always illegal to carry?

No. Section 139 contains an exception for a folding pocketknife with a cutting edge not exceeding 3 inches, but lock knives do not fall within the folding-pocketknife exception.