PART 5Threatening with offensive weapons

I152Offence of threatening with an offensive weapon etc in a private place

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 F3the 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 F12 May 2022, the reference in subsection (6)(a) to F2the 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—

    1. a

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

    2. 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.