Amendments proposed to the Violent Crime Reduction Bill, As Amended - continued	House of Commons
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Power of members of staff to search students etc. for weapons

   

Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

NC8

To move the following Clause:—

'After Section 85A of the Further and Higher Education Act (c. 13) insert—

    "85AA   Power of members of staff to search students etc. for weapons

    (1)   A member of the staff of a further education college who has reasonable grounds for believing that a student at the college may have with him or in his possession—

(a)	an article to which section 139 of the Criminal Justice Act 1988 (c. 33) 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.".'.

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Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

1

Page     1,     line     6,     leave out clauses 1 to 11.

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Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

2

Page     2,     line     2     [Clause     1],     after 'subject's', insert 'knowingly'.

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

3

Page     2,     line     3     [Clause     1],     after 'entering', insert ', and attempting to purchase alcohol in or consuming alcohol in,'.

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

4

Page     2,     line     4     [Clause     1],     leave out from beginning to end of line 8 and insert 'any premises, other than a private dwelling, for the purposes of purchasing or consuming alcohol.'.

   

Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

29

Page     2,     line     20     [Clause     1],     at end insert 'or

(e)	from fulfilling dietary requirements.'.

   

Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

28

Page     2,     line     20     [Clause     1],     at end insert—

    '(5)   Before making a drinking banning order, a court may receive a report from an appropriate officer about the proposed subject of the order, which contains information about the subject and, in particular, about whether there is any reason to suspect that he may be—

(a)	suffering from substance addiction (including alcohol dependence);

(b)	a person falling within section 1 of the Mental Health Act 1983; or

(c)	suffering from any other recognised physical or mental illness or condition which could either—

(i)	affect his ability to restrict his intake of alcohol,

(ii)	cause him to engage in criminal conduct while under the influence of alcohol, or

(iii)

affect his ability to comply with a drinking banning order.

    (6)   In subsection (5) above "an appropriate officer" means—

(a)	where the proposed subject is aged 18 or over, an officer of the National Offender Management Service, a doctor or a social worker of a local authority social services department;

(b)	where the proposed subject is aged under 18, a social worker of a local authority social services department or a member of a youth offending team.

    (7)   If the court determines that the proposed subject of a drinking banning order may be a person falling within subsection (5)(a) to (c) above, the court shall not make a drinking banning order unless satisfied, on receipt of medical evidence, that—

(a)	his ability to understand and comply with the order will not be significantly restricted by reason of his being a person falling within subsection (5)(a) to (c) above; and

(b)	compliance with the order, either alone or in combination to any other order or sentence to which he is subject, would not have a deleterious effect on his mental or physical health.'.

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Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

13

Page     3,     line     3     [Clause     2],     at end insert—

    '(6)   For the purposes of this Act, "disorderly" shall mean conduct which would offend a reasonable person but which falls short of a criminal act.'.

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Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

5

Page     4,     line     26     [Clause     5],     leave out 'under the influence of alcohol' and insert 'drunk'.

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

6

Page     4,     line     28     [Clause     5],     after 'consider', insert 'on any application by the Crown'.

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Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

30

Page     5,     line     19     [Clause     6],     leave out subsection (9).

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Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

31

Page     8,     line     28     [Clause     10],     leave out subsection (8).

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Mr Secretary Clarke

42

Page     9,     line     14     [Clause     11],     leave out paragraph (c) and insert—

'(c)	every local authority in whose area the place where that individual normally resides is situated; and'.

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

14

Page     9,     line     16     [Clause     11],     at end insert '"disorderly" means conduct which would offend a reasonable person but which falls short of a criminal act.'.

   

Mr Secretary Clarke

43

Page     9,     line     21     [Clause     11],     leave out paragraphs (b) and (c) and insert—

'( )	a district council in England;'.

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Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

32

Page     10,     line     22     [Clause     12],     after 'month', insert 'at an annual rate of no greater than three per cent. of a premise's rateable value,'.

   

Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

38

Page     10,     line     25     [Clause     12],     after 'retail', insert ', provided that the premises have been proven to contribute to alcohol-related disturbances'.

   

Lynne Featherstone
John Thurso
Mr Alistair Carmichael
Mr David Heath
Mr Mark Oaten

39

Page     10,     line     28     [Clause     12],     at end insert ', provided that the premises have been proven to contribute to alcohol-related disturbances'.

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

17

Page     10,     line     28     [Clause     12],     at end insert ', provided that in every case the local authority and the Secretary of State think it reasonable so to do.'.

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

18

Page     10,     line     28     [Clause     12],     at end insert ', provided that no charges shall be payable by any persons or clubs unless the local authority is satisfied on the basis of evidence that it is reasonable to impose charges on those particular persons or clubs.'.

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

15

Page     10,     line     31     [Clause     12],     leave out from 'the' to end of line 32 and insert 'purpose of reducing alcohol-related disorder in the locality.'.

Prepared 14 Nov 2005