Search and confiscate policy

A staff member carrying out a search can seize anything they have reasonable grounds for suspecting is:

• a prohibited item
• evidence in relation to an offence

Where they find knives or weapons, these must be reported to the police for their collection. Where they find controlled drugs, these must be reported to the police as soon as possible. They may be disposed of if the person thinks there is a good reason to do so.  A good reason for disposal may be due to practicalities, for example staff and student are away from college premises and the quantity of drugs is minimal. In this scenario it may be reasonable to dispose of the drugs, but the disposal should be witnessed by two members of staff to maintain integrity.

Where they find other substances which are not believed to be controlled drugs, these can be confiscated where a member of staff believes them to be harmful or detrimental to good order and discipline. This would include so called ‘legal highs’. Where staff suspect a substance may be controlled, they should treat them as controlled drugs as outlined above. For example, prescription medication not prescribed for the person possessing.

Where they find stolen items, these must be delivered to the police as soon as reasonably practicable or collected by them. Items may be returned to the owner if the person searching thinks that there is a good reason to do so. For example, where the monetary value is low, such as a magazine or hairbrush. They may be retained or disposed of if returning them to their owner is not practicable.

In relation to students under 18 where a search finds alcohol, fireworks or pornographic image, this may be retained or disposed of.  This means the college can dispose of as they think appropriate, but this should not include returning it to the student.

If a member of staff finds a pornographic image that an individual should not possess, they may dispose of the image unless its possession constitutes a specified offence. For example, it is extreme or child pornography. In this case it must be reported to the police and collected by them. In the instance of images being found that could possibly constitute an offence, do not:

• copy
• forward
• alter the image(s)

Where an article that has been (or could be) used to commit an offence or to cause personal injury or damage to property is found, it may be:

• reported to the police
• retained or disposed of

Staff have a defence to any complaint or other action brought against them. The law protects members of staff from liability in any proceedings brought against them for any loss of, or damage to, any item they have confiscated, provided they acted lawfully.

Staff that are confiscating items that need to be passed over to the police should first establish if the police are able to retrieve the item from the centre.  If this is not possible in an appropriate time frame, staff should:

• bag up the item using evidence bags
• ask the police to create an incident number

This should be done prior to handing it in to the nearest police station.