HC Deb 23 January 1968 vol 757 cc99-101W
Mr. Lawson

asked the Secretary of State for Scotland which police authorities in Scotland have asked him for in-

each as shown below. In filling the discretionary places I would take account of the Council's needs and current membership.

creased powers to deal with crimes of violence.

Mr. Ross

Glasgow: its request relates only to the carrying of offensive weapons.

Mr. Lawson

asked the Secretary of State for Scotland whether he will call for a report from the Chief Constable of Glasgow on the use by the police of their existing powers to deal with crimes of violence in the city.

Mr. Ross

No. My hon. Friend the Joint Under-Secretary of State has had discussions with the police authority and has obtained from it all the information that I require.

Mr. Lawson

asked the Secretary of State for Scotland what increased powers to deal with crimes of violence are being asked for by the Glasgow police; wherein these increased powers differ from powers already possessed; and if he will make a statement.

Mr. Ross

The Glasgow magistrates, with the Chief Constable's support, have sought additional police powers in relation to the offence of carrying offensive weapons in a public place created by the Prevention of Crime Act, 1953.

The magistrates have proposed (1) the extension of the police powers of arrest for this offence, in effect the repeal of the provisions, prescribed by Section 1(3) of the Act defining the circumstances in which arrest is authorised, and (2) the introduction of a power for the police to stop and search persons whom they have reasonable cause to believe may be committing an offence under the Act.

I have considered the practical effect of the proposed extension of the power of arrest. I am advised that the existing power would cover the arrest of any person whom the police have reasonable cause to believe to be carrying, without lawful authority or reasonable excuse, any weapon for instance, a cosh, bayonet or specially sharpened steel comb, which was manifestly intended for offensive use, because the carrying of such a weapon would in itself, prima facie, justify a belief that if riot arrested, he could commit an offence involving the use of an offensive weapon. In other words the nature and character of a particular weapon could itself be regarded as so significant as sufficiently to establish one of the grounds of which arrest is authorised tinder Section 1(3), namely, that the constable had reasonable cause to believe that it was necessary to arrest that person in order to prevent the commission by him of any other offence in the course of committing which an offensive weapon might be used. Having consulted the Lord Advocate and having heard the views of the Chief Constable on the circumstances in which h considers persons found to be committing this offence ought to be arrested, I am not sure that in practical terms and in relation to weapons of the character I have referred to there is any great difference between the existing powers of arrest and the wider powers of arrest that the magistrates are seeking.

As to the proposed additional power of search, the proposal is that the police should have power to search not anyone at random but only if they have reasonable grounds to believe that an offence is being committed under the Act. I am still considering this part of the Glasgow proposal.

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