Criminal Justice Act 1988

139B F1 Power of entry to search for articles with a blade or point and offensive weapons. E+W+N.I.

(1)A constable may enter school premises [F2or further education premises] and search those premises and any person on those premises for—

(a)any article to which section 139 of this Act applies, or

(b)any offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

if he has reasonable grounds for [F3suspecting] that an offence under section 139A[F4or 139AA] of this Act is being, or has been, committed.

(2)If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for suspecting to be an article or weapon of a kind described in subsection (1) above, he may seize and retain it.

(3)The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.

(4)In the application of this section to Northern Ireland [F5—

(a)the reference in subsection (1)(b) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987.][F6, and

(b)the reference in subsection (1) to section 139AA is omitted.]

Textual Amendments

F1S. 139B inserted (1.9.1996) by 1996 c. 26, s. 4(1)(4); S.I. 1996/2071, art.2