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Police Reform Act 2002

Status:

This is the original version (as it was originally enacted).

Part 1Community Support Officers

Powers to issue fixed penalty notices

1(1)Where a designation applies this paragraph to any person, that person shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

(2)Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence—

(a)the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (fixed penalty notices in respect of offences of disorder);

(b)the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;

(c)the power of an authorised officer of a local authority to give a notice under section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty notices in respect of dog fouling); and

(d)the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter).

(3)In this paragraph “relevant fixed penalty offence”, in relation to a designated person, means an offence which—

(a)is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in sub-paragraph 1(2)(a) to (d); and

(b)is specified or described in that person’s designation as an offence he has been designated to enforce under this paragraph.

Power to detain etc.

2(1)This paragraph applies if a designation applies it to any person.

(2)Where that person has reason to believe that another person has committed a relevant offence in the relevant police area, he may require that other person to give him his name and address.

(3)Where, in a case in which a requirement under sub-paragraph (2) has been imposed on another person—

(a)that other person fails to comply with the requirement, or

(b)the person who imposed the requirement has reasonable grounds for suspecting that the other person has given him a name or address that is false or inaccurate,

the person who imposed the requirement may require the other person to wait with him, for a period not exceeding thirty minutes, for the arrival of a constable.

(4)A person who has been required under sub-paragraph (3) to wait with a person to whom this Part of this Schedule applies may, if requested to do so, elect that (instead of waiting) he will accompany the person imposing the requirement to a police station in the relevant police area.

(5)A person who—

(a)fails to comply with a requirement under sub-paragraph (2),

(b)makes off while subject to a requirement under sub-paragraph (3), or

(c)makes off while accompanying a person to a police station in accordance with an election under sub-paragraph (4),

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6)In this paragraph “relevant offence”, in relation to a person to whom this paragraph applies, means any offence which is—

(a)a relevant fixed penalty offence for the purposes of the application of paragraph 1 to that person; or

(b)an offence the commission of which appears to that person to have caused—

(i)injury, alarm or distress to any other person; or

(ii)the loss of, or any damage to, any other person’s property;

but a designation applying this paragraph to any person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the designation.

Power to require name and address of person acting in an anti-social manner

3(1)Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable in uniform under section 50 to require a person whom he has reason to believe to have been acting, or to be acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)) to give his name and address.

(2)Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under sub-paragraph (2) of that paragraph.

Power to use reasonable force to detain person

4(1)This paragraph applies where a designation—

(a)applies this paragraph to a person to whom any or all of paragraphs 1 to 3 are also applied; and

(b)sets out the matters in respect of which that person has the power conferred by this paragraph.

(2)The matters that may be set out in a designation as the matters in respect of which a person has the power conferred by this paragraph shall be confined to—

(a)offences that are relevant penalty notice offences for the purposes of the application of paragraph 1 to the designated person;

(b)offences that are relevant offences for the purposes of the application of paragraph 2 to the designated person; and

(c)behaviour that constitutes acting in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)).

(3)In any case in which a person to whom this paragraph applies has imposed a requirement on any other person under paragraph 2(2) or 3(1) in respect of anything appearing to him to be a matter set out in the designation, he may use reasonable force to prevent that other person from making off while he is either—

(a)subject to a requirement imposed in that case by the designated person under sub-paragraph (3) of paragraph 2; or

(b)accompanying the designated person to a police station in accordance with an election made in that case under sub-paragraph (4) of that paragraph.

Alcohol consumption in designated public places

5Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the powers of a constable under section 12 of the Criminal Justice and Police Act 2001 (c. 16) (alcohol consumption in public places)—

(a)to impose a requirement under subsection (2) of that section; and

(b)to dispose under subsection (3) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1) and (5) were references to that person.

Confiscation of alcohol

6Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the powers of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (confiscation of intoxicating liquor)—

(a)to impose a requirement under subsection (1) of that section; and

(b)to dispose under subsection (2) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1) and (4) (but not the reference in subsection (5) (arrest)) were references to that person.

Confiscation of tobacco etc.

7Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have—

(a)the power to seize anything that a constable in uniform has a duty to seize under subsection (3) of section 7 of the Children and Young Persons Act 1933 (c. 12) (seizure of tobacco etc. from young persons); and

(b)the power to dispose of anything that a constable may dispose of under that subsection;

and the power to dispose of anything shall be a power to dispose of it in such manner as the police authority may direct.

Entry to save life or limb or prevent serious damage to property

8Where a designation applies this paragraph to any person, that person shall have the powers of a constable under section 17 of the 1984 Act to enter and search any premises in the relevant police area for the purpose of saving life or limb or preventing serious damage to property.

Seizure of vehicles used to cause alarm etc.

9(1)Where a designation applies this paragraph to any person—

(a)that person shall, within the relevant police area, have all the powers of a constable in uniform under section 59 of this Act which are set out in subsection (3) of that section; and

(b)references in that section to a constable, in relation to the exercise of any of those powers by that person, are references to that person.

(2)A person to whom this paragraph applies shall not enter any premises in exercise of the power conferred by section 59(3)(c) except in the company, and under the supervision, of a constable.

Abandoned vehicles

10Where a designation applies this paragraph to any person, that person shall have any such powers in the relevant police area as are conferred on persons designated under that section by regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of abandoned vehicles).

Power to stop vehicle for testing

11Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the power of a constable in uniform to stop a vehicle under subsection (3) of section 67 of the Road Traffic Act 1988 (c. 52) for the purposes of a test under subsection (1) of that section.

Power to control traffic for purposes of escorting a load of exceptional dimensions

12(1)Where a designation applies this paragraph to any person, that person shall have, for the purpose of escorting a vehicle or trailer carrying a load of exceptional dimensions either to or from the relevant police area, the power of a constable engaged in the regulation of traffic in a road—

(a)to direct a vehicle to stop;

(b)to make a vehicle proceed in, or keep to, a particular line of traffic; and

(c)to direct pedestrians to stop.

(2)Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of those powers for the purpose mentioned in sub-paragraph (1) by a person whose designation applies this paragraph to him as if the references to a constable engaged in regulation of traffic in a road were references to that person.

(3)The powers conferred by virtue of this paragraph may be exercised in any police area in England and Wales.

(4)In this paragraph “vehicle or trailer carrying a load of exceptional dimensions” means a vehicle or trailer the use of which is authorised by an order made by the Secretary of State under section 44(1)(d) of the Road Traffic Act 1988.

Carrying out of road checks

13Where a designation applies this paragraph to any person, that person shall have the following powers in the relevant police area—

(a)the power to carry out any road check the carrying out of which by a police officer is authorised under section 4 of the 1984 Act (road checks); and

(b)for the purpose of exercising that power, the power conferred by section 163 of the Road Traffic Act 1988 (c. 52) (power of police to stop vehicles) on a constable in uniform to stop a vehicle.

Cordoned areas

14Where a designation applies this paragraph to any person, that person shall, in relation to any cordoned area in the relevant police area, have all the powers of a constable in uniform under section 36 of the Terrorism Act 2000 (c. 11) (enforcement of cordoned area) to give orders, make arrangements or impose prohibitions or restrictions.

Power to stop and search vehicles etc. in authorised areas

15(1)Where a designation applies this paragraph to any person—

(a)that person shall, in any authorised area within the relevant police area, have all the powers of a constable in uniform by virtue of section 44(1)(a) and (d) and (2)(b) and 45(2) of the Terrorism Act 2000 (powers of stop and search)—

(i)to stop and search vehicles;

(ii)to search anything in or on a vehicle or anything carried by the driver of a vehicle or any passenger in a vehicle;

(iii)to search anything carried by a pedestrian; and

(iv)to seize and retain any article discovered in the course of a search carried out by him or by a constable by virtue of any provision of section 44(1) or (2) of that Act;

and

(b)the references to a constable in subsections (1) and (4) of section 45 of that Act (which relate to the exercise of those powers) shall have effect in relation to the exercise of any of those powers by that person as references to that person.

(2)A person shall not exercise any power of stop, search or seizure by virtue of this paragraph except in the company, and under the supervision, of a constable.

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