Correct on the date of publication - 15 June 2026
Question:
Can a comb which has a metal sharply pointed end (used for teasing curls) be considered a ‘an article with blade or point’ for the purposes of an offence of possession of such in a public place?
Answer:
Section 139 of the Criminal Justice Act outlines the offence of having an article with blade or point in public place, it states:
“139(1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
….
139(4) It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place. (see note (iv) below)
139(5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him -
(a) for use at work;
(b) for religious reasons; or
(c) as part of any national costume.”
This section applies to any article which has a blade or is sharply pointed except a folding pocket-knife (with a blade 7.62cm or less (three inches) long - a longer bladed pocket knife is not exempt from this legislation). Blade means the sharp blade of a knife, sword, etc. and this section was not intended to include the blunt blade of a screwdriver, oar, cricket bat or other item - see the case of R v Davis 1998. Therefore we believe that a comb with a metal sharply pointed end that is designed in such a way as to tease curls in hairdressing would not be deemed ‘an article with blade or point’ for the purposes of this offence.
This article could however fall within the definition of an ‘offensive weapon’ under section 1 of the Prevention of Crime Act 1953.
Section 1(4) of the Act defines an offensive weapon as:
“any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him, or by some other person.”
“Made” means articles which have been accepted as being specifically made for the purpose of causing injury and have no other practical purpose in the normal world (and are offensive weapons per se). Examples are flick knives, daggers, knuckledusters, butterfly knives, sword sticks, truncheons, daggers and bayonets. Whether an object falls into this category is largely a matter of fact for the court or a jury to determine on a case by case basis. We believe it is unlikely the comb is to be considered such since it has another purpose and we are unaware of any case law of the contrary.
“Adapted” means articles which have generally been altered in some way. Household and industrial items are capable of falling into this category such as sharpened screwdrivers, bottle broken for the purpose etc. However, the article must have been altered with the intention of causing injury (e.g. smashing a bottle to make the broken end into a weapon for causing injury, as opposed to breaking the neck of the bottle by accidentally dropping it and being in the process of walking to the bin with it when challenged). In most cases the intent of the adaption will be self evident (e.g. stout dowelling with stanley blades in the end). Once that matter is established there is no need for the prosecution to prove an intent to use it to cause injury, as with 'made' weapons, mere possession is sufficient. Whether an object falls into this category is largely a matter of fact for the court or a jury to determine on a case by case basis.
It may be that an article is not specifically made or adapted to cause injury but was carried for that purpose and so could be considered offensive, if the court or a jury decide the person intended to use it for the purpose of causing injury to the person. For example, a hammer, cricket ball, scissors, razor, a stone, pickaxe handle etc. On this basis, almost any article is capable of being an offensive weapon. Therefore, a comb with a sharply pointed handle should not automatically be precluded from being an offensive weapon and determination of such would be fact specific to each case and for the court to decide.
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