Hello I am doing my assignment for my police powers module at university and need to know, if a person is searched for drugs under the misuse of drugs and but the police don't find any drugs instead they find a knife do hey have the power to sieze it and where does this power come from
Stop and search powers under Misuse of Drugs Act Watch
- Thread Starter
- 12-04-2016 13:54
- 12-04-2016 15:11
Possession of an offensive weapon in a public place:
What is the offence? Possessing an offensive weapon in a public place is an offence contrary to section 1 of the Prevention of Crime Act 1953.In order to satisfy the charge, the prosecution must prove each of the following elements:
- Has with him (possession);
- In any public place;
- Any offensive weapon
- lawful authority; or
- reasonable excuse
- An offensive weapon per se (The following have been held to be offensive weapons per se: a machete, a sword, a flick knife, a truncheon, etc. Part of the reason that these have been so categorised is because they do not per se have any innocent quality. However a lock knife, ordinary razor, penknife have been held not to be offensive weapons per se, because they do have an innocent purpose)
- Something adapted to cause injury (for example a bottle that has been deliberately broken, a potato with a razor blade inserted into it, an unscrewed pool cue, etc).
- Something that is not offensive per se, or adapted, but is intended to be used for the purpose of causing injury (for example, a work hammer, a stone etc).
- 12-04-2016 15:12
Furthermore they could also be charged under the Criminal Justice Act 1988:
Offence of having article with blade or point in public place.
(1)Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
(2)Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
(3)This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
(4)It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
(5)Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
(a)for use at work;
(b)for religious reasons;
or, (c)as part of any national costume.
Under this legislation schools are _always_ public places too.Last edited by TorpidPhil; 12-04-2016 at 15:13.