Offences and Powers - Custodial Settings
An overview of knife and weapon offences and enforcement powers applicable in prisons, young offender institutions, and other custodial settings.
Overview of Custodial Settings and Related Offences
Custodial Settings
Custodial settings refer to secure establishments where individuals are lawfully detained, including adult prisons, young offender institutions, secure training centres, secure children's homes, court custody suites, police custody, and immigration removal centres.
Key Definitions
- Bladed Article: Any article with a blade or sharp point, such as knives, razors, or makeshift sharpened items.
- Offensive Weapon: Any article made or adapted for causing injury, or intended for such use.
- Possession: Includes having an item on one's person or hidden within the establishment.
Offences
- Unauthorised Possession (PA 1952 s.40CA): Possession of bladed articles or offensive weapons without authorisation in prison.
- Conveying Weapons (PA 1952 s.40B): Bringing or causing others to bring prohibited items into or out of prison.
Defences and Exemptions
- Statutory Defences: Reasonable belief of authorisation or overriding public interest.
- Authorisation System: Authorisation may be granted for specific purposes like food preparation.
Enforcement Powers
- Prison Officer Powers: Equivalent to police constables within the prison.
- Search Powers: Apply to prisoners, visitors, and staff, with specific protocols for searches and seizures.