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| (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 staff and the student are on the premises of the institution; or |
| (b) | they are elsewhere and the member of 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 institution; 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, in the course of a search under this section, the person carrying out the search 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) A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
(9) The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(10) 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.
(11) In this section—
'member of staff', in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
'outer clothing' means—
| (a) | any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or |
| (b) | a hat, shoes, boots, gloves or a scarf; |
'possessions', in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.
(12) The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.".'.
Crime and Disorder Act 1998 (amendment)
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
NC1
To move the following Clause:—'(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2) In subsection (7) of section 1 (anti-social behaviour orders), for "two years" substitute "three months".'.
Criminal Justice Act 1988 (amendment)
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
NC2
To move the following Clause:—'(1) The Criminal Justice Act 1988 (c. 33) is amended as follows.
(2) In subsection (6)(b) of section 139 (offence of having article with blade or point in public place), for "two years" substitute "five years".'.
Offences against 'public servants'
Mr James Clappison
NC3
To move the following Clause:—'An offence is aggravated by reason of being committed against a public servant for the purposes of Sections [Offences against public servants: malicious wounding etc.] and [Offences against public servants: harassment etc.] if the victim is a public servant pursuant to the provisions of Section [Definition of "public servant"].'.
Offences against public servants: malicious wounding etc.
Mr James Clappison
NC4
To move the following Clause:—'(1) A person is guilty of an offence under this section if he commits—
| (a) | an offence under section 20 of the Offences Against the Person Act 1861 (24 and 25 Vict c. 100) (malicious wounding or grievous bodily harm), |
| (b) | an offence against section 47 of that Act (actual bodily harm), or |
| (c) | common assault, |
which is aggravated by reason of being committed against a public servant.
(2) A person guilty of an offence falling within subsections (1)(a) or (b) above shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding the statutory maximum, or to a fine, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both. |
(3) A person guilty of an offence falling within subsection (1)(c) above shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.'. |
Offences against public servants: harassment etc.
Mr James Clappison
NC5
To move the following Clause:—'(1) A person is guilty of an offence under this section if he commits—
| (a) | an offence under section 4 of the Public Order Act 1986 (c. 64) (fear or provocation of violence); |
| (b) | an offence under section 4A of that Act (intentional harassment, alarm or distress); or |
| (c) | an offence against section 5 of that Act (harassment, alarm or distress), |
which is aggravated by reason of being committed against a public servant.
(2) A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsections (1)(a) or (b) above.
(3) A constable may arrest a person without warrant if—
| (a) | he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above; |
| (b) | he is warned by the constable stop; and |
| (c) | he engages in further such conduct immediately, or shortly after the warning. |
The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.
(4) A person guilty of an offence falling within subsections (1)(a) or (b) above shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. |
(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable to a fine not exceeding level 4 on the standard scale.
(6) If, on the trial on indictment of a person charged with an offence falling within subsections (1)(a) or (b) above the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.'.
Definition of 'public servant'
Mr James Clappison
NC6
To move the following Clause:—'(1) For the purposes of sections [Offences against "public servants"], [Offences against public servants: malicious wounding, etc.] and [Offences against "public servants": harassment, etc.], "public servant" means an officer or servant of the Crown or of any public authority, acting in the course of his employment, including persons—
| (a) | engaged in the provision of care on behalf of the National Health Service; |
| (b) | engaged in the provision of education in maintained schools or further or higher education; |
| (c) | employed by central or local government, including fire services, and |
| (d) | engaged in the provision of social housing. |
(2) For the purposes of the sections listed in subsection (1), the definition of "public servant" shall also include any person engaged in the provision of public transport, including railways, buses and taxis.
(3) The Secretary of State may, by order, designate further categories of persons as "public servants" pursuant to this section.'.
Offence of having article with blade or point in public place (amendment)
Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten
NC7
To move the following Clause:—'(1) The Criminal Justice Act 1988 (c. 33) is amended as follows.
(2) In subsection (6)(b) of section 139 (offence of having article with blade or point in public place), for "two years" substitute "seven years".'.
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