(1)A person is guilty of an offence if that person—
(a)has an article to which this section applies with him or her in a public place or on school premises,
(b)unlawfully and intentionally threatens another person [F2(“A”)] with the article, and
(c)does so in such a way that [F3a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.]
[F4(1A)A person is guilty of an offence if that person—
(a)has an article to which this section applies with them on further education premises,
(b)unlawfully and intentionally threatens another person (“A”) with the article, and
(c)does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.]
(2)In relation to a public place this section applies to an article to which section 139 applies.
(3)In relation to school premises this section applies to each of these—
(a)an article to which section 139 applies;
(b)an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.
[F5(3A)In relation to further education premises this section applies to each of these—
(a)an article to which section 139 applies;
(b)an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.]
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In this section—
[F7“further education premises” means land used solely for the purposes of—
an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or
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;]
“ public place ” has the same meaning as in section 139;
[F8“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 section 4 of the Education Act 1996.]
(6)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F9the general limit in a magistrates’ court] 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.
[F10(6A)For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.]
F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(10)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to [F13the general limit in a magistrates’ court] is to be read as a reference to 6 months.
F14(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 139 or 139A, the person may be convicted of the offence under that section.]
Textual Amendments
F1S. 139AA inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 142(2), 151(1); S.I. 2012/2770, art. 2(a)
F2Word in s. 139AA(1)(b) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 50(5)(a), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F3Words in s. 139AA(1)(c) substituted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 50(5)(b), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F4S. 139AA(1A) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 51(2), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F5S. 139AA(3A) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 51(3), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F6S. 139AA(4) omitted (6.4.2022) by virtue of Offensive Weapons Act 2019 (c. 17), ss. 50(6), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F7Words in s. 139AA(5) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 51(4)(a), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F8Words in s. 139AA(5) substituted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 51(4)(b), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F9Words in s. 139AA(6)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F10S. 139AA(6A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 92 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F11S. 139AA(7)-(9) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F12By The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1 it is provided that (28.4.2022) the words “2 May 2022” are substituted for the words “the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020”
F13Words in s. 139AA(10) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F14S. 139AA(11) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C1S. 139AA modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2