Section 139B Power of entry to search for articles with a blade or point and offensive weapons.F6

England, Wales and Northern Ireland

(1)

A constable may enter school premises F1or 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 F2suspecting that an offence under section 139AF3or 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 F4—

(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.F5, and

(b)

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

Annotations

Textual amendments

F1: Words in s. 139B(1) inserted (6.4.2022 for E.W.) by Offensive Weapons Act 2019 (c. 17), ss. 45(8), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
F2: Word in s. 139B(1) substituted (31.5.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 48, 51, 66(2), Sch. 2 para. 13; S.I. 2007/858, art. 3(c)-(e)
F3: Words in s. 139B(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 6(2); S.I. 2012/2770, art. 2(f)
F4: Words in s. 139B(4) renumbered as s. 139B(4)(a) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 6(3)(a); S.I. 2012/2770, art. 2(f)
F5: S. 139B(4)(b) and word inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 6(3)(b); S.I. 2012/2770, art. 2(f)
F6: S. 139B inserted (1.9.1996) by 1996 c. 26, s. 4(1)(4); S.I. 1996/2071, art.2