Section 28 Possession of weapon with intent to use unlawful violence etcI1

In Part 11 of the Criminal Justice Act 1988, after section 139AA insert—

“Offence of possessing article with blade or point or offensive weapon with intent to use unlawful violence etc

139AB

(1)

It is an offence for a person to have in their possession a relevant weapon with intent by means thereof—

(a)

to use unlawful violence against another person,

(b)

to cause another person to believe that unlawful violence will be used against them or anyone else,

(c)

to cause serious unlawful damage to property, or

(d)

to enable another person to do anything mentioned in a preceding paragraph.

(2)

In this section “relevant weapon” means—

(a)

an article to which section 139 applies, or

(b)

an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

(3)

A person who commits an offence under this section is liable—

(a)

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

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

(4)

For provision about the sentence for an offence under this section, see section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance).”

In section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance)—

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 23 (offences under the Criminal Justice Act 1988) substitute—

“23

An offence under any of the following provisions of the Criminal Justice Act 1988—

• section 134 (torture)

• section 139AB (possessing article with blade or point or offensive weapon with intent to use unlawful violence etc)”.