I am grateful to my hon. Friend who raises the important issue of apparel—for want of a better description—that might be important to someone in relation to their religious beliefs. He is right to say that the House should be sensitive to such issues, which are very important to some members of our community. It is not unknown for members of certain religions to carry small knives, but I have to say to my hon. Friend that I cannot immediately form a decisive view on that issue except to say that it is an offence under section 139 of the Criminal Justice Act 1988 to carry a bladed article in a public place. All of us would wish to ensure that the law was properly upheld and enforced in that respect.
The new clause deals with the power to search school pupils for weapons. It is not appropriate for the Government to introduce this clause as a flagship proposal to address the problem of knives in schools. As with so much of the law, it is a question of properly enforcing the existing laws of the land. For example, it is already an offence under section 139A of the Criminal Justice Act for a person to have a bladed article on school premises. Furthermore, under section 139B, a constable already has a power to enter school premises to search them and any person on them for any article to which that section applies. Tens of thousands of schoolchildren are carrying knives on school premises, disguised in their clothing, and it distresses me that the existing law as laid out in section 139 is not properly enforced.
I asked the Minister some weeks ago if she could provide figures for the number of occasions on which a constable has entered school premises to conduct a search of a school pupil. The Minister was not able to tell us how many times that has happened. I asked the Minister in a written question a little earlier in the year about the current powers of head teachers to search and suspend pupils whom they suspect of carrying a form of weapon. The Minister replied that state and independent school head teachers may search a desk or locker without the pupil’s consent, search a bag or jacket with consent or ask the police to do a personal search.
We think that we have a problem with young people carrying knives, but it is now critical and needs to be addressed seriously. A Youth Justice Board survey last year showed that 1 per cent. of pupils aged 11 to 16 has, at some time in the previous year, carried a knife in school for offensive reasons, and 2 per cent. had done so for defensive reasons. I checked with the Library the number of schoolchildren of that age in the state sector, and it is more than 3.5 million. Even if one chooses a smaller number of children, if 1 per cent. of children carry a knife for offensive purposes, it means that more than 20,000 children are carrying knives in schools for offensive purposes. If 2 per cent. do so for so-called defensive purposes, it means that more than 40,000 children aged between 11 and 16 are—according to the Government’s figures—carrying knives for defensive reasons. It is a horrible statistic: 60,000 children are carrying knives in our schools, yet what is the prospect of their being charged or prosecuted for that offence under existing law? We need only look at the figures.
Over the last few years, how many of the 60,000 children who, according to the Government’s figures, were carrying knives, were charged with and convicted of having a bladed article on school premises? In the past five years, fewer than 100 children were charged with that offence, and of those sentenced only nine received a custodial sentence. That is an astonishing statistic, which means that carrying—
Violent Crime Reduction Bill
Proceeding contribution from
Humfrey Malins
(Conservative)
in the House of Commons on Monday, 14 November 2005.
It occurred during Debate on bills on Violent Crime Reduction Bill 2005-06.
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