Police Community Support Officer - Powers

Powers

PCSO powers vary from force to force and sometimes within a force it self. The powers of PCSOs stem from the Police Reform Act 2002, as amended. Every PCSO since 2007 has a number standard powers that were introduced for all PCSOs regardless of which force they belong to. This is in addition to the discretionary powers that can be designated by the chief constable or commissioner of each PCSO's respective force.

PCSOs have a duty to act in the same manner as a police constable. Failure to do so could result in disciplinary or criminal proceedings related to misfeasance in public office or malfeasance in public office. Leeway may be given depending on the situation, as the circumstances may dictate they do not have the training or equipment to deal with a situation like a constable could. It is also accepted that PCSOs do not have to intervene in high risk situations and it is reasonable if they decide to withdraw from one. This is due to the non confrontational nature of their role.

PCSO powers to arrest or detain

PCSOs are not attested constables, and therefore do not have the same powers of arrest under section 24 of the Police and Criminal Evidence Act 1984. They can, however, utilise the 'any person' powers of arrest under section 24A of the Police and Criminal Evidence Act 1984 (commonly known as a citizens arrest). This means they are able to arrest anyone without warrant providing there are reasonable grounds to suspect they are committing, or have committed or are suspected to be guilty of an indictable or 'either-way' offence. This covers offences such as arson, criminal damage, theft, assault, possession of a controlled drug and burglary. All PCSOs can also make common law arrests such as to prevent a breach of the peace along with a power of entry.

Legislation exists that states that PCSOs are entitled to use reasonable force in order to effect an arrest as described above (under section 3 of the Criminal Law Act 1967), or to forcibly detain (using Police Reform Act 2002 powers) There is also a 'reasonable code of conduct' which is a legitimate & tested defence to a (technical) common assault of which the courts have accepted and has now been written into case law (e.g. leading two disputing parties away from each other to prevent a fight - technically an assault as neither party has been arrested/detained at this point, but still considered otherwise lawful).

The term to detain (under the meaning of the Police Reform Act 2002)is a relatively new one, but under law it is considered a temporary arrest (in accordance with Schedule 4, Part 1, Paragraph 2A(2)(b) of the Police Reform Act 2002). As a result, a PCSO if he/she wishes, may any person arrest someone he/she has reasonable grounds to suspect is, or attempting to escape from lawful custody when subject to a detention requirement (under Schedule 4, Part 1, Paragraph 2(3) of the Police Reform Act 2002). Section 38 Offences Against the Person Act 1861 also creates the offence of assault with intent to resist arrest, which also covers the "lawful apprehension/detention of himself or another". This is an either-way offence, meaning that the PCSO may also any person arrest for this offence in addition to the original proposed detention.

PCSOs may, subject to permission from their force, carry handcuffs and leg restraints which are both governed by the Criminal Law Act 1967 or common law and can be used in the same manner as a constable. They may use them for detaining or arresting a person using reasonable force under the powers listed. There are two forces at present who's PCSOs are currently carrying handcuffs.

PCSOs are lawfully authorised to carry CS spray and a baton when on duty, although none have yet been provided by any Chief Officer of any Police Force.

Requirements before exercising designated powers

Once appointed after training there are several requirements that must be met before a PCSO exercises powers that have been designated to him/her:

1) The PCSO must be on duty and in full uniform. This is unlike a police constable who can exercise most powers even out of uniform and/or off duty.

2) The PCSO must be in the area that his/her respective force police's.

3) The PCSO must be in possession of their designation card. This document details what powers above an ordinary person the PCSO has and the uniform they wear. The cards vary in design from force to force. This practice is also unlike a police constable. Designation cards are not carried by police constables.

4) The PCSO must show his/her designation card under Section 42 of the Police Reform Act 2002 to any person who reasonably circumstances allowing asks to see it if the PCSO is using his/her power on the person making the request

A designation card is not needed by a PCSO to exercise Common Law or other any person powers

Standard powers

The powers that all PCSOs have at present :

• Issue fixed penalty notices (FPN) for littering, breach of dog control orders and cycling on a footpath
• Require name and address where they have reason to believe a person has committed a road traffic offence, a 'relevant offence', a licencing offence, an act of anti-social behaviour or is in possession of a controlled drug
• Confiscate alcohol from persons in designated places and from under 18s, or anyone considered involved in supplying under 18s with alcohol
• Seize and dispose of tobacco from under 16s
• Seize (controlled) drugs under the Misuse of Drugs Act 1971
• Enter and search premises to save life or prevent serious damage to property
• Seize vehicles used to cause alarm, distress or annoyance (s.59 Police Reform Act 2002)
• Remove abandoned vehicles
• Stop bicycles
• Control traffic
• Carry out road checks
• Place traffic signs
• Enforce cordoned areas under the Terrorism Act 2000
• Photograph people away from a police station
• Stop and search in an authorised area under the Terrorism Act 2000 if authorised and supervised by a police officer

Discretionary powers

Additional powers which may be assigned to PCSOs by the chief constable (or Commissioner in London), but which vary from force to force, are:

• Detain a person suspected to have committed an offence or an act of anti-social behaviour.
• Detain a person who does not provide their name and address when required
• Detain a person who fails to provide details or complies with orders of a PCSO.
• Use reasonable force in relation to a detained person or to prevent a detained person making off. This may involve the use of handcuffs and leg restraints if the PCSO has been issued with and authorised to use them.
• Issue Penalty Notices for Disorder (PND), truancy, excluded pupils found in public places, dog fouling, graffiti and flyposting
• Enforce bylaws
• Deal with begging. This involves requiring the person to stop begging as well as providing their name and address to the PCSO
• Enforce certain licensing offences
• Search detained people for dangerous items i.e. weapons and/or items that could effect an escape from the PCSO.
• Disperse groups and remove under 16s to their place of residence
• Remove children contravening bans imposed by a curfew notice to their place of residence.
• Remove truants to designated premises
• Search for alcohol and tobacco
• Enforce park trading offences
• Enter licensed premises (limited)
• Stop vehicles for testing
• Direct traffic for the purposes of escorting abnormal loads
• Deal with parking offences including giving fines

There are currently no plans to increase the selection of powers that can be designated to PCSOs although individual Chief Constables or Commissioners can of course still increase the discretionary powers their PCSOs use from the existing list