Knife Crime / Possession of a Bladed Article

An allegation involving a knife or bladed article is treated with the utmost seriousness by the police and courts in the UK. The law in this area is strict, and there is significant political and public pressure to prosecute these offences vigorously. Even a simple allegation of possessing a knife can lead to a prison sentence, even for a first offence. An investigation or charge will have an immediate and severe impact on your life, liberty, and future prospects. If you are accused of any knife-related offence, you must secure expert legal representation without delay.

At Central Chambers Law, our senior legal consultants are experts in defending individuals against the full spectrum of criminal allegations, including possession of a bladed article. We possess a deep, technical knowledge of the legislation, police procedures, and the specific defences available. Our function is to provide authoritative, clear-headed guidance from the moment of arrest, meticulously challenging the prosecution’s case to protect your rights.

The Law: Possession of a Bladed Article

The primary law governing the possession of knives is Section 139 of the Criminal Justice Act 1988. This makes it an offence for a person to have any article which has a blade or is sharply pointed with them in a public place, without good reason or lawful authority.

For the prosecution to secure a conviction, they must prove two key elements beyond a reasonable doubt:

1. You had a bladed or sharply pointed article with you.
2. This was in a public place.

The burden then shifts to the defendant to prove, on the balance of probabilities, that they had a "good reason or lawful authority" for having it.

Breaking Down the Offence

Understanding the specific legal definitions is critical to building a defence.

"Bladed or Sharply Pointed Article"

This is defined very broadly. It includes any item with a blade or a sharp point. The only exception is a folding pocketknife, but only if the cutting edge of its blade is three inches (7.62 cm) or less. Lock knives (where the blade locks into position) are not exempt, regardless of their blade length.

"In a Public Place"

This means any place to which the public has access, whether by payment or not. It includes streets, parks, shopping centres, pubs, and public transport. The definition can also extend to places like the common areas of a block of flats or even a car if it is in a public place.

"Without Good Reason or Lawful Authority"

This is the central issue in most cases. It is up to the accused to provide a credible explanation.

• Lawful Authority: This is a narrow category, typically applying to individuals like police officers who are required to carry certain items as part of their duty.
• Good Reason: This is a broader defence. The most common examples include carrying a knife for use at work (e.g., a chef carrying their knives to and from their job), for religious reasons, or as part of a national costume.

The Serious Penalties for Possession

The government and courts have adopted a very tough stance on knife crime, and the penalties reflect this.

• Prison Sentence: The maximum sentence for possessing a bladed article in a public place is four years' imprisonment. For adults convicted of a second relevant offence, the court must impose a minimum sentence of six months' imprisonment unless it would be unjust to do so.
• Criminal Record: A conviction for a weapons offence is extremely serious and will result in a criminal record. This can create a significant barrier to employment, education, and international travel.
• Forfeiture: The knife or bladed article will be forfeited and destroyed.

Building a Defence to the Allegation

Merely being accused of possessing a knife does not mean you are guilty. A specialist solicitor can identify and build a powerful defence based on the specific facts of your case.

Potential defences include:

• Good Reason: Proving that you had a legitimate, credible reason for carrying the item. This requires strong evidence to support your explanation, such as proof of employment or the context in which you were carrying the article.
• Lack of Knowledge: Arguing that you were not aware you had the knife with you. For example, if it was in a bag or jacket belonging to someone else, or you had forgotten it was there from a previous, legitimate use.
• Not a Public Place: Challenging the prosecution's assertion that the location where you were found with the item was legally a "public place."
• Item Does Not Fit the Definition: Arguing that the item in question does not legally qualify as a bladed or sharply pointed article under the Act.

Why Central Chambers Law Provides the Definitive Defence

Defending an allegation of possessing a bladed article requires a legal team with a precise understanding of the law and the advocacy skills to present a credible defence to a court.

Clients trust Central Chambers Law because we provide a strategic, non-judgmental, and meticulously prepared defence. Our reputation is built on our ability to forensically analyse the circumstances of an arrest and find the arguments that can win a case. Our approach involves:

• Immediate and Expert Advice: We provide urgent, confidential advice from the moment of arrest. This is critical in knife crime cases, as what you say in your police interview can determine the outcome.
• Forensic Analysis of the Stop and Search: We rigorously examine the legality of the police actions, including the stop and search procedure. Any failure by the police to follow the correct process can lead to evidence being excluded.
• Proactive Defence Building: We don’t just wait for the prosecution to present its case. We actively investigate your circumstances, gather evidence to support your "good reason," and prepare a robust challenge to the prosecution's narrative.
• Authoritative Courtroom Advocacy: Our senior advocates are masters of presenting a defence to magistrates or a jury. We have the skill to argue complex legal points and persuasively put forward your version of events.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to defend your liberty and your future.

Protect Yourself with Immediate Specialist Advice

If you have been arrested, charged, or are under investigation for possessing a knife or bladed article, you are in a serious legal situation. Do not underestimate the consequences.

Contact our expert criminal defence solicitors immediately for an urgent and confidential consultation. Your future depends on securing the right legal advice at the earliest opportunity.

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