Criminal Law and the Kirpan in the UK – Sikh Helpline

Criminal Justice Act 1988

Section 139 Offence of having article with blade or point in public place

1. Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
2. Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocket knife.
3. This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
4. It shall be a defense for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
5. Without prejudice to the generality of subsection (4) above, it shall be a defense for a person charged with an offence under this section to prove that he had the article with him
   1. for use at work;
   2. for religious reasons; or
   3. as part of any national costume.
6. In this section ‘public place’ includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
7. This section shall not have effect in relation to anything done before it comes into force.

Offensive Weapons Act 1996 Section 4.

After section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) there is inserted?

?139A Offence of having article with blade or point (or offensive weapon) on school premises

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 [1953 c. 14.]Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.
3. It shall be a defense 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 or Her.

1. for use at work,
2. for educational purposes,
3. for religious reasons, or
4. as part of any national costume.