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Police Reform Act 2002

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Power to detain etc.E+W

This section has no associated Explanatory Notes

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

[F1(2)A designation may not apply this paragraph to any person unless a designation also applies paragraph 1A to him.]

(3)Where, in a case in which a requirement under [F2paragraph 1A(3)] 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.[F3 This sub-paragraph does not apply if the requirement was imposed in connection with a relevant licensing offence mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A) believed to have been committed on licensed premises (within the meaning of the Licensing Act 2003).]

[F4(3A)Where—

(a)a designation applies this paragraph to any person (“the CSO”); and

(b)by virtue of a designation [F5applying paragraph 1A to the CSO,] the CSO has the power to impose a requirement under sub-paragraph (3) of that paragraph in relation to an offence under a relevant byelaw,

the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.

(3B)Where a person to whom this paragraph applies (“the CSO”) has reason to believe that another person is committing an offence under section 3 or 4 of the Vagrancy Act 1824, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding thirty minutes, for the arrival of a constable.]

(4)A person who has been required under sub-paragraph (3) [F6or (3B)] to wait with a person to whom [F7this paragraph is applied] 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.

[F8(4A)If a person has imposed a requirement under sub-paragraph (3) or (3B) on another person (“P”), and P does not make an election under sub-paragraph (4), the person imposing the requirement shall, if a constable arrives within the thirty-minute period, be under a duty to remain with the constable and P until he has transferred control of P to the constable.

(4B)If, following an election under sub-paragraph (4), the person imposing the requirement under sub-paragraph (3) or (3B) (“the CSO”) takes the person upon whom it is imposed (“P”) to a police station, the CSO—

(a)shall be under a duty to remain at the police station until he has transferred control of P to the custody officer there;

(b)until he has so transferred control of P, shall be treated for all purposes as having P in his lawful custody; and

(c)for so long as he is at the police station, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent P's escape and to assist in keeping P under control.]

(5)A person who—

(a)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)makes off while subject to a requirement under sub-paragraph (3) [F10or (3B)] , 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

[F11(aa)an offence under section 39 of the Anti-social Behaviour, Crime and Policing Act 2014;]

[F12(aza)an offence under a relevant byelaw within the meaning of paragraph 1ZA(4); or]

[F13(ab)an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872; or]

[F14(ac)an offence under section 3 or 4 of the Vagrancy Act 1824; or

(ad)an offence under a relevant byelaw; 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 [F15, for the purposes of this paragraph as applied to that person by that designation,] 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.

[F16(6A)In this paragraph “relevant licensing offence” means an offence under any of the following provisions of the Licensing Act 2003—

(a)section 141 (otherwise than by virtue of subsection (2)(c) or (3) of that section);

(b)section 142;

(c)section 146(1);

(d)section 149(1)(a), (3)(a) or (4)(a);

(e)section 150(1);

(f)section 150(2) (otherwise than by virtue of subsection (3)(b) of that section);

(g)section 152(1) (excluding paragraph (b)).

(6B)In this paragraph “relevant byelaw” means a byelaw included in a list of byelaws which—

(a)have been made by a relevant body with authority to make byelaws for any place within the relevant police area; and

(b)the chief officer of the police force for the relevant police area and the relevant body have agreed to include in the list.

(6C)The list must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(6D)A list of byelaws mentioned in sub-paragraph (6B) may be amended from time to time by agreement between the chief officer and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6C).

(6E)A relevant body for the purposes of sub-paragraph (6B) is—

(a)in England, a county council, a district council, a London borough council or a parish council; or in Wales, a county council, a county borough council or a community council;

(b)the Greater London Authority;

(c)Transport for London;

[F17(d)an Integrated Transport Authority for an integrated transport area in England;

[F18(da)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]]

(e)any body specified in an order made by the Secretary of State.

(6F)An order under sub-paragraph (6E)(e) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (6B)(b) and (6D) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body).]

(7)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(8)The application of any provision of this paragraph by paragraph 3(2), 3A(2) [F21, 7A(8) or 7C(2)] has no effect unless a designation F22. . . has applied this paragraph to the CSO in question.]

Textual Amendments

F5Words in Sch. 4 para. 2(3A)(b) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(4); S.I. 2007/3203, art. 2(c)

F7Words in Sch. 4 para. 2(4) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(5); S.I. 2007/3203, art. 2(c)

F12Sch. 4 para. 2(6)(aza) and word inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 133(2)(c), 245; S.I. 2010/112, art. 2(e)

F15Words in Sch. 4 para. 2(6) inserted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(6); S.I. 2007/3203, art. 2(c)

F16Sch. 4 para. 2(6A)-(6F) inserted (1.7.2005 for the insertion of para. 2(6B)-(6F) and 1.1.2006 otherwise) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 8 para. 3(8); S.I. 2005/1521, art. 3(1)(h)(i); S.I. 2005/3495, art. 2(1)(q)(r)

F17Sch. 4 para. 2(6E)(d) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 77, 134, Sch. 4 para. 65(2); S.I. 2009/107, art. 2(1) (subject to Sch. 1 Pt. 2)

F21Words in Sch. 4 para. 2(8) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(7)(a); S.I. 2007/3203, art. 2(c)

Modifications etc. (not altering text)

C1Sch. 4 para. 2 modified (28.2.2013) by Canterbury City Council Act 2013 (c. i), s. 13(2)(b) (with s. 3)

Commencement Information

I1Sch. 4 para. 2 wholly in force at 23.12.2004; Sch. 4 para. 2 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 2(1)(2)(5) (except sub- paragraphs (b)(c)) and (6) in force at 2.12.2002 by S.I. 2002/2750, art. 2(a)(ii)(b); Sch. 4 para. 2(3)(4)(5)(b)(c) in force for specified areas only at 2.12.2002 by S.I. 2002/2750, art. 3; Sch. 4 para. 2 in force in so far as not already in force at 23.12.2004 by S.I. 2004/3338, art. 2(a)

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