Clause 35 - Power to search school pupils for weapons
Violent Crime Reduction Bill
6:30 pm
Eric Forth (Bromley and Chislehurst, Conservative)
With this it will be convenient to discuss the following amendments: Government amendment No. 102.
No. 58, in clause 35, page 37, line 17, leave out from ‘includes’ to end of line 17 and insert
‘all clothing save underwear and shoes’.
Government new clause 7—Power to search persons in attendance centres for weapons.
New clause 10—Power to search for weapons—
‘After Section 85A of the Further and Higher Education Act, as amended, insert—
“85AAPower of members of staff to search students, etc. for weapons
(1)A member of the staff of a college of further education who has reasonable grounds for believing that a student at the college may have with him or in his possessions—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or
(b)an offensive weapon (within the meaning of the Prevention of Crime Act 1953),
may search that student or his possessions for such articles and weapons.
(2)A search under this section may be carried out only where—
(a)the member of the staff and the student are on the premises of the college; or
(b)they are elsewhere and the member of the staff has lawful control or charge of the student.
(3)A person may carry out a search under this section only if—
(a)he is the principal of the college; or
(b)he has been authorised by the principal to carry out the search.
(4)A person who carries out a search of a student under this section—
(a)may not require the student to remove any clothing other than outer clothing;
(b)must be of the same sex as the student; and
(c)may carry out the search only in the presence of another person who is aged 18 or over and is also of the same sex as the student.
(5)A student’s possessions may not be searched under this section except in his presence and in the presence of a person (in addition to the person carrying out the search) who is aged 18 or over.
(6)If a person who, in the course of a search under this section, finds—
(a)anything which he has reasonable grounds for suspecting falls within subsection (1) (a) or (b), or
(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence
he may seize and retain it.
(7)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
(8)An authorisation for the purposes of subsection (3) (b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
(9)In this section—‘outer clothing’ includes an outer coat, a jacket, gloves and a hat; ‘possessions’, in relation to a student of a college, includes any goods over which he has or appears to have control.
(10)The powers conferred by this section are in addition to any powers exercisable by the member of the staff in question apart from this section and are not to be construed as restricting such powers.”.’.