Detail of outcome
The Offensive
Weapons Bill, which is currently before Parliament,
will introduce the offence of possession of a corrosive
substance in a public place and provisions to extend stop
and search powers to cover this offence. The use of
corrosive substances as a weapon can cause significant harm
and injury to individuals, families and communities and we
are determined to take strong action in order to prevent
these horrendous attacks.
Following the misuse of drones that caused significant
disruption to Gatwick airport operations in December 2018,
the Department for Transport and the Home Office have been
working closely with the police to re-examine whether the
police have the necessary stop and search powers to deal
with a scenario where drones cause widespread disruption to
the operation of aerodromes. The police have been clear
that in certain circumstances a power to stop and search a
person to determine if they have committed an offence
related to flying a drone within the restriction zone of a
licensed aerodrome would address an operational gap in
their powers. The government considers such a power to be
proportionate to help in the detection and investigation of
incidents causing widespread disruption to the operation of
aerodromes. Relevant provisions will be included within the
draft Drones Bill.
The government will keep the operational requirements and
needs of the police in relation to other drone offences
under the Air Navigation Order 2016, other criminal
purposes not covered under the Police and Criminal Evidence
Act 1984 and the Prisons Act 1952 under careful review.
The government will also keep under review the adequacy of
the existing powers to tackle offences related to the
misuse of laser pointers.
Original consultation
Summary
Proposals to extend police 'stop and search' powers to address
the criminal misuse of unmanned aircraft (drones), laser pointers
and corrosive substances.
This consultation ran from
12:15am on 9 September 2018 to
11:45pm on 22 October 2018
Consultation description
The Home Office seeks views as to how effective and
proportionate it would be to extend the power of reasonable
grounds ‘stop and search’ to cover:
- the proposed offence of carrying a
corrosive substance in a public under the
Offensive Weapons Bill 2018
- the misuse of laser pointers to commit certain offences
under the Laser Misuse (Vehicle) Act 2018
- the misuse of drones to commit certain offences under
the Air Navigation Order 2016 and the Prisons Act 1952
Background
Section 1 of PACE
provides the police with a power to stop and search a
person or vehicle where they have reasonable grounds to
suspect that they will find prohibited items, including
offensive weapons such as knives, stolen articles,
equipment related to the commission of certain offences and
fireworks. Section 23 of the Misuse of Drugs Act 1971
provides the same power in respect of controlled drugs.
The current legislation does not provide a specific power
to stop and search in the case of corrosive substances
possessed in a public place without good reason, laser
pointers where they have been used against modes of
transport, or drones and drone equipment involved in the
commission of offences under the Air Navigation Order 2016
and conveying illicit items over a prison boundary.
You can also read the Welsh translation of the executive
summary of the consultation document, which has been
prepared in accordance with section 21 of the Welsh
Language Act 1993.
Documents
