rs661411.141-147

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

141

House of Commons

Monday 14th November 2005

Report Stage Proceedings

Violent Crime Reduction Bill, As Amended

New Clauses

Power to search further education students for weapons

Mr Secretary Clarke

Added  NC9

To move the following Clause:—

‘After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—

“85B
Power to search further education students for weapons

(1)
A member of staff of an institution within the further education sector

who has reasonable grounds for believing that a student at the institution

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 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.

Report Stage Proceedings: 14th November 2005
142

Violent Crime Reduction Bill, continued

(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.”.’.

Report Stage Proceedings: 14th November 2005
143

Violent Crime Reduction Bill, continued

Crime and Disorder Act 1998 (amendment)

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Negatived on division  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

Negatived on division  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

Not selected  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

Not selected  NC4

To move the following Clause:—

‘(1)
A person is guilty of an offence under this section if he commits—

Report Stage Proceedings: 14th November 2005
144

Violent Crime Reduction Bill, continued

(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

Not selected  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.

Report Stage Proceedings: 14th November 2005
145

Violent Crime Reduction Bill, continued

(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

Not selected  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

Not called  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”.’.

Report Stage Proceedings: 14th November 2005
146

Violent Crime Reduction Bill, continued

Power of members of staff to search students etc. for weapons

Lynne Featherstone

John Thurso

Mr Alistair Carmichael

Mr David Heath

Mr Mark Oaten

Not called  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.

Report Stage Proceedings: 14th November 2005
147

Violent Crime Reduction Bill, continued

(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.”.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  1

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

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  2

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

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  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

Not called  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

Not selected  29

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

(e)
from fulfilling dietary requirements.’.