PC Thornton finds Holloway on school premises after hours without any legitimate reason, carrying a folding penknife with a blade of 4 centimetres. PC Thornton considers whether Holloway has committed an offence under s.139A of the Criminal Justice Act 1988. Which of the following is correct?
- As.139A applies to any person who has a bladed article on school premises - a folding penknife of any size satisfies the definition and no additional element of trespass is required.
- BHolloway commits an offence under s.139A because he was on school premises without authority and had a penknife - the combination of presence without authority and possession of any bladed article is sufficient.
- CHolloway does not commit the s.139A offence - s.139A applies to articles caught by s.139, which for folding penknives requires a blade exceeding 3 inches (7.62cm). At 4 centimetres, the blade is below this threshold and the penknife does not satisfy s.139.
- DHolloway commits an offence under s.139A because his presence on school premises was without lawful authority - s.139A applies to any bladed article on school premises regardless of blade length.
Show answer and explanation
Answer: C
Under s.139A CJA 1988, the offence requires the person to have an article to which s.139 applies. Under s.139(1), a folding penknife is only caught if the blade exceeds 3 inches (7.62cm). At 4 centimetres (approximately 1.6 inches), this blade falls below the threshold. The penknife does not satisfy s.139 and Holloway cannot be charged under s.139A on these facts.
s.139A(1), s.139(1) Criminal Justice Act 1988
s.139(1): applies to "any article which has a blade or is sharply pointed except a folding pocketknife" unless "the cutting edge of its blade exceeds 3 inches." s.139A: applies to articles to which s.139 applies on school premises.
- A: A folding penknife does not satisfy s.139 regardless of school premises unless the blade exceeds 3 inches. The offence is not triggered by any bladed article.
- B: The penknife's blade is below the s.139 threshold. Presence on school premises without authority does not create an offence under s.139A unless the article falls within s.139 first.
- D: The blade length is relevant for folding penknives. s.139A does not apply to any bladed article of any length - the s.139 threshold governs which articles qualify.