The powers library10 of 59 Stop and search

Entry and search of school premises for weapons

s.139BCriminal Justice Act 1988

Lets a constable enter school or further education premises and search the premises and anyone on them for bladed or pointed articles and offensive weapons, where an offence under s.139A or s.139AA is suspected.

Entry and search of school premises for weapons · Criminal Justice Act 1988, s.139BCard 10 / 59

When you can use it

Reasonable grounds for suspecting that an offence under s.139A or s.139AA is being, or has been, committed
The premises are school premises or further education premises
The search is for an article with a blade or point (s.139) or an offensive weapon (Prevention of Crime Act 1953, s.1)
s.139B(2)To seize, reasonable grounds for suspecting that an item found is such an article or weapon

What it allows

Enter school or further education premises, using reasonable force if necessary (s.139B(3)).
Search the premises and any person on them for bladed or pointed articles and offensive weapons.
Seize and retain any such article or weapon found (s.139B(2)).
No grounds are needed about a particular person, but who is selected must rest on objective factors, not prejudice (Code A 2.29).

Key definitions

School premises – s.139A(6): land used for the purposes of a school (as defined in the Education Act 1996, s.4), except land occupied solely as a dwelling by someone employed at the school.
Further education premises – s.139A(6A): land used solely for an institution in the further education sector or a 16 to 19 Academy, except staff dwellings.
Article to which s.139 applies – anything with a blade or that is sharply pointed, except a folding pocketknife with a cutting edge of 3 inches or less.
Offensive weapon – any article made or adapted for causing injury to the person, or intended by the person having it for that use by them or someone else.

Safeguards

People searched are dealt with under Code A (Code B 2.4): give the Code A 3.8 information and make a record, offering a copy (Code A 4.1–4.2). Only an outer coat, jacket or gloves can be removed in public; more thorough searches go out of public view (Code A 3.5–3.6).
The premises search is covered by Code B (2.3(d)). Search at a reasonable hour (6.2). Identify yourself, give the purpose and grounds, and show a warrant card if not in uniform (6.5).
Give a Notice of Powers and Rights (6.7), search only to the extent necessary (6.9), and leave forced premises secure (6.13).
Record the search on return to the station (Code B 8.1).

Good to know

Further education premises were added on 6 April 2022 by the Offensive Weapons Act 2019.
The s.139A offence has statutory defences: good reason or lawful authority, or carrying for work, educational or religious reasons, or as part of national costume.
School staff in England have their own power to search pupils for knives and weapons (Education Act 1996, s.550ZA).
Uniform is not required to use this power.

Legislation: Criminal Justice Act 1988, s.139B (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Entry and search of school premises for weapons: questions people ask

When can the police use entry and search of school premises for weapons?

1. Reasonable grounds for suspecting that an offence under s.139A or s.139AA is being, or has been, committed 2. The premises are school premises or further education premises 3. The search is for an article with a blade or point (s.139) or an offensive weapon (Prevention of Crime Act 1953, s.1) 4. To seize, reasonable grounds for suspecting that an item found is such an article or weapon

Who can use entry and search of school premises for weapons?

A constable.

What law gives the power for entry and search of school premises for weapons?

Criminal Justice Act 1988, s.139B.

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