Offensive Weapons Act 2019

52 Offence of threatening with an offensive weapon etc in a private place E+W

(1) A person (“A”) commits an offence if—

(a) while A is in a private place, A unlawfully and intentionally threatens another person (“B”) with an article or substance to which this subsection applies, and

(b) A does so in such a way that there is an immediate risk of serious physical harm to B.

(2) Subsection (1) applies to an article or substance if it is—

(a) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

(b) an article to which section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) applies, or

(c) a corrosive substance.

(3) In the application of subsection (1) to an article within subsection (2)(a) or (b), “private place” means a place other than—

(a) a public place,

(b) a place which is part of school premises, or

(c) a place which is part of further education premises.

(4) In the application of subsection (1) to a corrosive substance, “private place” means a place other than a public place.

(5) For the purposes of subsection (1) physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

(6) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding [F1 the general limit in a magistrates’ court], to a fine or to both;

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

(7) In relation to an offence committed before [F2 2 May 2022], the reference in subsection (6)(a) to [F3 the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(8) In this section and section 53—

• “corrosive substance” means a substance that is capable of burning human skin by corrosion;

• “further education premises” means land used solely for the purposes of—

  (a)

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

  (b)

  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” includes any place to which, at the time in question, the public have or are permitted to have access, whether on payment or otherwise;

• “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.

Textual Amendments

F1 Words in s. 52(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 table

F2 Words in s. 52(7) substituted (28.4.2022) by 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

F3 Words in s. 52(7) 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 table

Commencement Information

I1 S. 52 in force at 6.4.2022 by S.I. 2022/418, regs. 1(2)(5), 2(b) (with reg. 3)