Coroners and Justice Act 2009

147Retention of knives surrendered or seized (Northern Ireland)E+W

This sectionnoteType=Explanatory Notes has no associated

(1)Schedule 3 to the Justice (Northern Ireland) Act 2004 (c. 4) (court security) is amended in accordance with subsections (2) to (4).

(2)In paragraph 5 (power to retain articles surrendered or seized), after sub-paragraph (3) add—

(4)This paragraph is subject to paragraph 5A.

(3)After paragraph 5 insert—

5ARetention of knives surrendered or seized

(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 Lord Chancellor 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—

    (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

    (b)

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

  • knife” includes—

    (a)

    a knife-blade, and

    (b)

    any other article which—

    (b)
    (i)

    has a blade or which is sharply pointed, and

    (ii)

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

(4)In paragraph 6(2)(a), after “paragraph 5” insert “ or paragraph 5A ”.

(5)In section 21(3) of the Justice (Northern Ireland) Act 2004 (c. 4) (orders and regulations subject to annulment in pursuance of resolution of either House of Parliament) after “1(4)” insert “ , 5A(5) ”.