Possession of a Bladed Article Defence Solicitors

Allegations of possessing a bladed article in a public place are treated with great seriousness by the criminal courts in England and Wales. Knife-related offences attract widespread public concern, and the police and Crown Prosecution Service (CPS) are under increasing pressure to prosecute such cases robustly. A conviction can result in a custodial sentence, significant reputational damage, and long-term consequences for employment and travel.

At Kang & Co Solicitors, our specialist criminal defence solicitors have extensive experience defending individuals accused of bladed article offences. We understand that not every person found in possession of a bladed item is carrying it unlawfully or with criminal intent. There are circumstances in which carrying a bladed article may be lawful, and it is essential that these are fully considered when preparing a defence. Our role is to carefully assess the evidence, provide clear and honest advice, and present the strongest possible defence on your behalf.

Kang & Co Solicitors has built up a strong reputation for Criminal Defence and is regarded as one of the top criminal law firms in the country with its top rankings by The Legal 500 and Chambers and Partners.

What is Possession of a Bladed Article?

Under Section 139 of the Criminal Justice Act 1988, it is an offence to have a bladed article in a public place without lawful authority or a good reason. The law defines a “bladed article” as any article which has a blade or is sharply pointed, except for a small folding pocketknife with a blade not exceeding 3 inches (7.62 cm).

Examples of bladed articles include:

• Kitchen knives
• Hunting or combat knives
• Craft knives or Stanley knives
• Machetes
• Swords
• Blades incorporated into other items (e.g. disguised knives)

It is important to note that possession alone is sufficient for an offence to be committed – there does not need to be evidence of intent to use the item. The law applies in public places, which include streets, parks, vehicles, shops, and other spaces accessible to the public.

There are, however, certain exemptions. For example, carrying a bladed article may be lawful if it is for work purposes, religious reasons, part of a national costume, or for use in certain trades or hobbies. Whether these exemptions apply depends on the facts of each case.

Legal Defences to Possession of a Bladed Article

Not all cases of carrying a bladed article are unlawful. There are several legal defences available, which our solicitors carefully consider when building a case.

Lawful Authority

This defence applies where an individual has official permission or statutory authority to carry a bladed article. Examples might include members of the armed forces, emergency services, or individuals engaged in activities where carrying a blade is legally sanctioned.

Good Reason or Lawful Excuse

One of the most common defences is demonstrating that you had a “good reason” for possessing the item. Examples include:

• Carrying tools for work (e.g. chefs, carpenters, electricians)
• Transporting knives for legitimate recreational use (e.g. camping, fishing, sporting activities)
• Taking a newly purchased knife home from a shop
• Carrying knives for theatrical performances, film production, or exhibitions

In these cases, it is crucial to provide evidence to substantiate the reason. For example, receipts, employer letters, or proof of intended lawful use.

Religious or Cultural Use

Certain items are permitted under religious or cultural grounds, such as the Sikh ceremonial kirpan. Carrying such items is not an offence if it can be demonstrated that the article was carried for genuine religious observance or national costume.

Lack of Knowledge

For an offence to be proven, the prosecution must establish that the accused knowingly had the bladed article in their possession. If, for example, the article was placed in a bag or vehicle by someone else without the accused’s knowledge, this can form the basis of a defence.

Challenging the Circumstances of Discovery

In some cases, the legality of the search or seizure may be challenged. If the police conducted an unlawful stop-and-search, or failed to follow proper procedure, it may be possible to have the evidence excluded under Section 78 of the Police and Criminal Evidence Act 1984.