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Government plan tougher knife penalties.

Knife Crime: Possession, Sentencing and the Current Law


Carrying a knife or offensive weapon in public is a serious criminal offence. A person does not have to use the weapon, threaten anyone or cause an injury before they can be arrested and prosecuted.


The sentence will depend on:


  • the type of weapon;
  • why it was being carried;
  • where the offence occurred;
  • whether anyone was threatened;
  • the risk of harm;
  • the offender’s age and previous convictions; and
  • any aggravating or mitigating circumstances.

The maximum sentence for possessing a knife or offensive weapon in public is four years' imprisonment, an unlimited fine or both.


What Is a Bladed Article?


It is generally an offence to have an article with a blade or sharp point in a public place without good reason or lawful authority.


This can include:


  • kitchen knives;
  • hunting knives;
  • craft knives;
  • lock knives;
  • machetes;
  • swords;
  • improvised blades; and
  • other sharply pointed articles.

The prosecution does not normally need to prove that the person intended to use the blade as a weapon.


Folding Pocketknives


A folding pocketknife may fall outside the ordinary bladed-article offence where:


  • its cutting edge is no longer than three inches; and
  • it folds immediately without needing a locking mechanism to be released.

A lock knife is not treated as an ordinary folding pocketknife for this exception, even where its blade is shorter than three inches.


A folding pocketknife may also amount to an offensive weapon where it is carried with the intention of using it to injure someone.


What Is an Offensive Weapon?


An offensive weapon is generally an article that is:


  • made for causing injury;
  • adapted for causing injury; or
  • intended by the person carrying it to be used to cause injury.

Some weapons, such as certain knuckledusters and other purpose-made weapons, are offensive by their nature.


An ordinary object can become an offensive weapon where it has been adapted or is carried with the intention of causing injury.


What Is a Public Place?


A public place includes a place to which members of the public have access, whether access is free or requires payment.


Examples may include:


  • streets and pavements;
  • parks;
  • shops;
  • pubs and restaurants;
  • railway and bus stations;
  • public transport;
  • car parks;
  • nightclubs;
  • shopping centres; and
  • the communal areas of some residential buildings.

Whether a location is public depends on its use and accessibility at the relevant time.


Knives on Education Premises


Separate offences apply to having a bladed article or offensive weapon on education premises.


This can include schools and other premises used for education.


The presence of a weapon at a school or another place where vulnerable people are likely to be present is treated particularly seriously when sentence is passed.


Good Reason or Lawful Authority


A person charged with having a bladed article may have a defence if they can establish a good reason or lawful authority for carrying it.


Possible examples include:


  • using the knife for work;
  • transporting it securely to or from work;
  • taking it for repair or lawful sale;
  • using it for a legitimate recreational activity;
  • religious reasons; or
  • wearing it as part of a recognised national costume.

The explanation must be considered in context. Carrying a large knife loosely in a vehicle for several weeks is different from transporting it securely for an identified work task.


Carrying a Knife for Protection


Carrying a knife because a person is frightened or wants protection is not normally a good reason.


Possessing a weapon for possible use against another person can itself make the article an offensive weapon.


A person who carries a knife for protection may:


  • increase the risk that a confrontation becomes fatal;
  • have the weapon used against them;
  • face prosecution even if they did not start the confrontation; and
  • receive a custodial sentence.

Anyone facing threats should report them to the police and seek appropriate safeguarding assistance rather than carrying a weapon.


Maximum Penalty for Knife Possession


The maximum sentence for possessing a bladed article or offensive weapon in a public place or on education premises is:


  • four years’ imprisonment;
  • an unlimited fine; or
  • both.

The maximum does not mean that every offender will receive four years. The court applies the relevant sentencing guideline and considers the facts of the individual case.


How Is the Sentence Decided?


For an adult offender, the court first assesses culpability and harm.


Possession of a bladed article is treated as high culpability under the guideline. The level of harm may be increased where:


  • the offence occurred at a school;
  • vulnerable people were likely to be present;
  • there was a risk of serious disorder;
  • the incident caused serious alarm or distress; or
  • the weapon was possessed in prison.

The guideline range for the most serious ordinary possession cases extends up to two years and six months' custody, although the statutory maximum remains four years.


Possession While in a Group


Committing the offence as part of a group is an aggravating factor.


The presence of a group can increase:


  • the risk of violence;
  • the fear caused to members of the public;
  • the potential for serious disorder; and
  • the offender’s culpability.

However, merely being near other people is not enough to increase the sentence automatically.


The court should consider the offender's role. A person who organised, led or encouraged the group may be treated more seriously than someone whose involvement was minor or resulted from coercion or exploitation.


Other Aggravating Factors


Factors that may increase the sentence include:


  • previous convictions, particularly for weapons or violence;
  • committing the offence while on bail;
  • attempting to conceal identity;
  • being under the influence of alcohol or drugs where this contributed to the offending;
  • attempting to conceal or dispose of evidence;
  • committing the offence in a domestic abuse context;
  • targeting a vulnerable victim;
  • planning or premeditation;
  • carrying more than one weapon;
  • involvement in organised crime;
  • committing the offence while subject to a court order; and
  • offending while on licence or post-sentence supervision.

Mitigating Factors


Factors that may reduce the sentence include:


  • genuine remorse;
  • no previous convictions;
  • limited awareness or understanding;
  • young age or lack of maturity;
  • coercion, intimidation or exploitation;
  • mental illness or another relevant condition;
  • the weapon being carried only briefly;
  • the circumstances falling just short of a legal defence; and
  • steps taken to address the causes of the offending.

A guilty plea may also reduce the sentence, depending on when it is entered.


The “Two-Strike” Minimum Sentence


Adults convicted of a second qualifying knife or offensive-weapon offence are subject to a statutory minimum sentence of six months' imprisonment.


For offenders aged 16 or 17, the statutory minimum is generally a four-month detention and training order.


The court must impose the minimum unless it concludes that doing so would be contrary to the interests of justice.


The minimum does not mean that every second offender receives exactly six months. A longer sentence may be imposed where the offence is more serious.


Why Can a Court Avoid the Minimum?


The court must consider the circumstances of the offence and the offender before applying a mandatory minimum.


Relevant matters may include:


  • the offender's age and maturity;
  • coercion or exploitation;
  • the seriousness of the current and previous offences;
  • mental or physical health;
  • the time since the previous offence;
  • the purpose for which the weapon was carried; and
  • whether custody would be contrary to the interests of justice.

This is not a loophole that automatically removes the minimum. The court must give proper legal reasons for its decision.


Threatening With a Knife


It is a separate offence to threaten another person with a bladed article or offensive weapon in circumstances where there is an immediate risk of serious physical harm.


A threat can be communicated through:


  • words;
  • gestures;
  • displaying the weapon;
  • moving towards the victim;
  • online communication linked to an immediate confrontation; or
  • other conduct causing the victim to fear serious harm.

Threat offences carry a maximum sentence of four years' imprisonment and are also subject to statutory minimum sentencing provisions.


Using a Knife to Commit Another Crime


Where a knife is used during another offence, the person may be charged with more serious crimes, including:


  • assault;
  • wounding;
  • causing grievous bodily harm;
  • robbery;
  • attempted murder;
  • murder;
  • threats to kill;
  • criminal damage; or
  • violent disorder.

The court must consider the overall seriousness of all offences and avoid imposing a sentence that fails to reflect the total harm caused.


Filming and Sharing Knife Violence


Filming a violent incident is not automatically a separate knife-possession offence.


However, recording or sharing footage may be important evidence showing:


  • planning or encouragement;
  • participation in group offending;
  • an intention to humiliate the victim;
  • the offender’s attitude towards the harm caused;
  • attempts to glorify violence;
  • witness intimidation; or
  • the commission of a separate communications or public-order offence.

A person who encourages, assists or deliberately facilitates an offence may be criminally liable even if they did not personally use the knife.


Knife Content on Social Media


The Crime and Policing Act 2026 contains measures aimed at illegal online content involving knives and offensive weapons.


These include potential personal liability for senior managers of online platforms where the platform fails to comply with duties to remove qualifying illegal knife content.


The reforms are directed at content such as unlawful sales, promotion and material encouraging serious knife-related offending. They do not make every photograph or discussion of a lawful knife illegal.


New Offence of Possession With Intent to Use Violence


The Crime and Policing Act 2026 also contains a new offence concerning possession of a knife or offensive weapon, in public or private, with intent to:


  • use unlawful violence against another person;
  • cause another person to fear unlawful violence; or
  • cause serious unlawful damage to property.

The offence carries a maximum sentence of seven years' imprisonment, an unlimited fine or both.


Individual provisions of new legislation may require commencement regulations before they are fully operational, so advice should be obtained on the law in force on the date of the alleged offence.


Possession of Prohibited Weapons at Home


Some particularly dangerous weapons are illegal to possess even on private property.


Prohibited items include specified offensive weapons and certain knives covered by legislation.


The Crime and Policing Act 2026 increases the maximum penalty for a range of offences involving prohibited weapons, including private possession, manufacture, importation, sale and supply, from six months to two years' imprisonment.


Police Powers to Seize Knives on Private Property


The 2026 Act provides additional powers enabling police to seize, retain and seek the destruction of knives found on private property where there are reasonable grounds to suspect that the item is likely to be used in connection with unlawful violence.


The power is intended to allow intervention before a knife is carried into a public place or used in an attack.


The owner has procedures through which the seizure may be challenged before a magistrates' court.


Buying and Selling Knives


It is generally illegal to sell most knives and bladed articles to a person under 18.


Businesses selling knives online must take appropriate steps to verify the customer's age and ensure that age is checked when the item is delivered.


The Crime and Policing Act 2026 strengthens age-verification requirements and introduces reporting obligations concerning specified bulk sales.


Sellers may face criminal prosecution where they fail to comply with the applicable requirements.


Carrying a Knife in a Vehicle


A knife inside a vehicle can still be treated as being in a public place.


The prosecution does not necessarily need to prove that the knife was in the driver's hand or pocket.


The court may consider:


  • where the knife was stored;
  • whether it was accessible;
  • who knew it was present;
  • who controlled the vehicle;
  • why it was being carried; and
  • how long it had been there.

A person should not leave a work knife or other blade in a vehicle once the lawful reason for carrying it has ended.


What if the knife Belonged to Someone Else?


The prosecution must prove that the defendant knowingly had the article.


A person may have a defence where they genuinely did not know that the knife was present.


These cases often depend on:


  • fingerprints or DNA;
  • messages and telephone evidence;
  • CCTV;
  • the location of the weapon;
  • statements made during interview;
  • ownership of bags or clothing; and
  • the accounts given by other people present.

Police Stop and Search


Police may stop and search a person where they have the necessary legal grounds to suspect that the person is carrying a knife, weapon or other prohibited item.


Additional search powers may operate in an authorised area where serious violence is anticipated or has occurred.


A person should not obstruct a lawful search. They may ask the officer to explain:


  • the officer’s identity and station;
  • the legal power being used;
  • the grounds for the search where grounds are required;
  • the object of the search; and
  • how to obtain a record.

Knife Crime Statistics


Police-recorded knife-enabled crime and sentencing statistics measure different things and should not be confused.


In the year ending December 2025, police recorded 49,151 knife-enabled offences in England and Wales, a fall of 10% compared with the previous year.


Separately, 20,771 knife and offensive-weapon possession or threat offences were formally dealt with by the criminal justice system during 2025.


These figures do not mean that every recorded knife-enabled offence involved possession as the principal charge. Knife-enabled statistics also include offences such as robbery, assault and homicide.


Sentencing Children and Young People


Offenders under 18 are sentenced under a separate guideline.


The court must give particular consideration to:


  • the child’s Welfare;
  • age and emotional maturity;
  • vulnerability;
  • exploitation by older offenders;
  • gang pressure;
  • trafficking or modern slavery;
  • learning difficulties or mental health;
  • home circumstances; and
  • the potential for rehabilitation.

Custody remains possible, particularly where a knife was carried deliberately, threats were made, or the child has relevant previous convictions.


Prevention and Education


Sentencing is only one part of the response to knife crime.


Reducing offending may also require:


  • visible and intelligence-led policing;
  • early intervention in schools;
  • youth services;
  • mental health support;
  • action against criminal exploitation;
  • support for families;
  • safe routes for reporting threats;
  • controls on online sales; and
  • education about the consequences of carrying a weapon.

Fear is a common reason given for carrying a knife, but carrying one can increase rather than reduce the risk of death, injury and imprisonment.


What to Do if You Are Accused


A person arrested or invited to an interview should obtain legal advice before answering questions.


They should:


  • request the free duty solicitor at the police station;
  • avoid discussing the allegation on social media;
  • preserve relevant messages, video and location evidence;
  • identify possible witnesses;
  • retain evidence supporting any work or religious reason;
  • avoid contacting alleged victims or witnesses; and
  • comply with bail conditions and court orders.

Deleting messages or disposing of a weapon can create additional evidence of guilt and may result in further charges.


How a Criminal Law Solicitor Can Help


A solicitor can advise on:


  • whether the item is legally a bladed article or offensive weapon;
  • whether the prosecution can prove possession;
  • good reason or lawful authority;
  • police stop-and-search powers;
  • the admissibility of evidence;
  • mandatory minimum sentencing;
  • claims of coercion or exploitation;
  • guilty pleas and mitigation;
  • youth court proceedings; and
  • appeals against conviction or sentence.

Finding a Criminal Law Solicitor


Use the search facility at the top of this page to find a criminal law solicitor experienced in knife possession, offensive-weapon offences, violent crime or youth court proceedings.


Disclaimer


Solicitors.com is not a firm of solicitors. This article provides general information about knife and offensive-weapon law in England and Wales and does not constitute legal advice. Different legislation applies in Scotland and Northern Ireland, and the law and penalties will depend on the date and circumstances of the alleged offence. Readers should seek advice from a suitably qualified solicitor about their individual circumstances.


Feedback


If you believe this page contains an error or requires updating, please get in touch with us. We welcome amendments that help keep our legal information accurate and useful.


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