SCHEDULES

C1SCHEDULE 3Court security

Annotations:
Modifications etc. (not altering text)

F2Retention of knives surrendered or seized

Annotations:
Amendments (Textual)
F2

Sch. 3 para. 5A inserted (6.4.2010) by Coroners and Justice Act 2009, (c. 25), {ss. 147(3)}, 182(4)(c) (with s. 180, Sch. 22 para. 44(2)); S.I. 2010/816, art. 2, Sch. para. 10

5A

1

This paragraph applies where a knife is surrendered to a court security officer in response to a request under paragraph 4(1) or seized by a court security officer under paragraph 4(2).

2

Paragraph 5 does not apply.

3

The knife must be retained in accordance with regulations under sub-paragraph (5), unless returned or disposed of in accordance with those regulations or regulations made under paragraph 6.

4

If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in sub-paragraph (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable.

5

Without prejudice to the generality of paragraph 6, the F1Department of Justice must by regulations make provision as to—

a

the procedure to be followed when a knife is retained under this paragraph;

b

the making of requests by eligible persons for the return of knives so retained;

c

the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

6

For the purposes of this paragraph—

  • “ eligible person ”, in relation to a knife retained under this paragraph, means—

    1. a

      the person who has surrendered the knife under paragraph 4(1) or from whom the knife has been seized under paragraph 4(2), or

    2. b

      any other person specified in regulations made under sub-paragraph (5);

  • “ knife ” includes—

    1. a

      a knife-blade, and

    2. b

      any other article which—

      1. i

        has a blade or which is sharply pointed, and

      2. ii

        is made or adapted for use for causing injury to the person.