[ 139AF1 Offence of having article with blade or point (or offensive weapon) on [F2education premises]. E+W

(1)Any person who has an article to which section 139 of this Act applies with him on school premises [F3or further education premises] shall be guilty of an offence.

(2) Any person who has an offensive weapon within the meaning of section 1 of the M1 Prevention of Crime Act 1953 with him on school premises [F4or further education 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.

[F5(5)A person guilty of an offence under subsection (1) or (2) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [F6the general limit in a magistrates’ court] or to a fine, or to both;

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

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

(5ZA)In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (5)(a) to [F7the general limit in a magistrates’ court] is to be read as a reference to 6 months.]

F8(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5G). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(5ZB)See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.]

[F10(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—

(a)in relation to land in England and Wales, section 4 of the Education Act 1996;

(b)in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).]

[F11(6A)In this section and section 139B “further education premises” means—

(a)in relation to England and Wales, land used solely for the purposes of—

(i)an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or

(ii)a 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;

(b)in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution.]

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

(a) the reference in subsection (2) above to section 1 of the M2 Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the M3 Public Order (Northern Ireland) Order 1987; and

(b) the reference in subsection (6) above to [F12 section 4 of the Education Act 1996 ] is to be construed as a reference to Article 2(2) of the M4 Education and Libraries (Northern Ireland) Order 1986. ]

[ 139A F1 Offence of having article with blade or point (or offensive weapon) on school premises. N.I.

(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 M1 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.

[F13(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.]

F8(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5G). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(5ZB)See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.]

[F13(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 M2 Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the M3 Public Order (Northern Ireland) Order 1987; and

F14( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]