Commentary on Sections
Schedule 9: Additional powers and duties of designated persons
296.Schedule 9 makes a number of amendments to Schedule 4 to the 2002 Act which lists the powers exercisable by civilians who have been appointed as community support officers, investigating officers, detention officers or escort officers.
297.Schedule 9 clarifies the position of community support officers and escort officers of having legal custody of a suspect under their control until the individual has been transferred into the custody of a police officer. In additional the amendments enable the community support officer to use reasonable force to keep the individual under control and prevent him from escaping from their custody.
298.The Schedule also places a general duty on investigation and detention officers and on staff custody officers to assist officers or other designated staff to keep control of a detainee or prevent him from escaping, regardless of whether that individual is under their control at the time and enables the designated officer to use reasonable force. In the case of investigation and detention officers the use of these powers can only be used in the confines of the police station, however, for escort officers the powers extend to the immediate vicinity of the police station.
Section 123: Provision of information for use by police staff
299.This section amends section 71 of the Criminal Justice and Court Services Act 2000 and sections 18 and 36 of the Vehicles (Crime) Act 2001. It gives police staff the same access to data under those provisions as police officers already have. For this purpose, police staff are persons, other than police officers, employed by a police authority and under the direction and control of the relevant force’s chief officer. Police staff of the British Transport Police are persons employed by the British Transport Police Authority and under the direction and control of the Chief Constable of the British Transport Police Force.
300.The section enables police staff, in the course of their existing duties and to the extent permitted by the three legislative provisions being amended, to access certain information regarding drivers’ licences and the validity of such licences, information contained in the register of persons carrying on business as registration plate suppliers and certain motor insurance information.
Section 124: Interpretation of Part 3
301.This section explains that each mention of the term "PACE" in Part 3 refers to the Police and Criminal Evidence Act 1984.
