Police Community Support Officers

Warwickshire Police Community Support Officers are designated by the Chief Constable of Warwickshire Police and may exercise the following powers when on duty between the hours of 0800-2200:

POWERS TO TACKLE ANTI-SOCIAL BEHAVIOUR

Power to require name and address for anti-social behaviour: Power to require a person whom a PCSO has reason to believe has been acting, or is acting, in an anti-social manner to give his name and address. Subparagraph 3(2) provides the PCSO with the power to detain (under subparagraphs 2(3) to (5) of Schedule 4). However, by virtue of paragraph 2(8) of Schedule 4 the power to detain has no effect unless the PCSO has been designated with the power to detain under paragraph 2 of Schedule 4.

ALCOHOL & TOBACCO POWERS

Power to require persons drinking in designated places to surrender alcohol: Power to require a person whom a PCSO reasonably believes is, or has been, consuming alcohol in a designated public place or intends to do so, to not consume that alcohol and to surrender any alcohol or container for alcohol. Power to dispose of alcohol surrendered.

Power to require persons aged under 18 to surrender alcohol: Power to require a person who he reasonably suspects is aged under 18 or is or has been supplying alcohol to a person aged under 18 to surrender any alcohol in his possession and to give their name and address. Power to require such a person to surrender sealed containers of alcohol if the PCSO has reason to believe that the person is or has been consuming or intends to consume alcohol. Power to dispose of alcohol surrendered.

Power to seize tobacco from a person aged under 16 and to dispose of that tobacco. Power to seize drugs and require name and address for possession of drugs: The Serious Organised Crime and Police Act 2005 allows PCSOs to be designated with a power to seize unconcealed drugs if the PCSO reasonably believes the person is in unlawful possession of them. The CSO must retain the drugs until a constable instructs them what to do with it. If a PCSO finds drugs in a person’s possession or has reason to believe that a person is in possession of drugs and reasonably believes such possession is unlawful then the PCSO may require that persons name and address.

ENFORCEMENT POWERS

Power to require name and address: Power to require the name and address of a person whom a PCSO has reason to believe has committed a relevant offence or a relevant licensing offence (Relevant offences are defined under subparagraph 2(6) of Schedule 4 of the Police Reform Act 2002 and include relevant fixed penalty offences under paragraph 1 of Schedule 4, an offence under section 32(2) of the Anti-Social Behaviour Act 2003 (failure to follow an instruction to disperse) and an offence which appears to have caused injury, alarm or distress to another person or loss of or damage to another person’s property. Relevant licensing offence is defined as a specified offence under the Licensing Act 2003) Paragraph 1A enables chief constables to designate the power to require name and address without also designating the power of detention.

Power to photograph persons away from a police station: The Serious Organised Crime and Police Act 2005 enables PCSOs to be designated with the power to photograph a person who has been arrested, detained or given a fixed penalty notice away from the police station.

ENVIRONMENTAL POWERS

Power to issue fixed penalty notices for littering: Power of an authorised officer of a local authority to give a notice under section 88 of the Environmental Protection Act 1990 (fixed penalty notices in respect of litter).

Power to issue fixed penalty notices in respect of offences under dog control orders: power of an authorised officer of a primary or secondary authority, within the meaning of section 59 of the Clean Neighbourhoods and Environment Act 2005, to give a notice under that section (fixed penalty notices in respect of offences under dog control orders.)

Power to remove abandoned vehicles under regulations made under section 99 of the Road Traffic Regulation Act 1984.

TRANSPORT POWERS

Power to issue fixed penalty notices for cycling on a footpath: Power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (riding on a footway) committed by cycling.

Power to stop cycles: Powers of a constable in uniform to stop a cycle under section 163(2) of the Road Traffic Act 1988 when a CSO has reason to believe that a person has committed the offence of cycling on a footpath.

Power to control traffic for purposes other than escorting a load of exceptional dimensions: Powers to direct traffic (for purposes other than escorting loads of exceptional dimensions) based on the powers constables have under sections 35 and 37 of the Road Traffic Act 1988 It also gives CSOs the power to direct traffic for the purposes of conducting a traffic survey. PCSOs designated under this paragraph must also be designated with powers under paragraph 3A of Schedule 4 to the Police Reform Act.

Power to carry out road checks: Power to carry out a road check which has been authorised by a superintendent (or a police officer of higher rank) and power to stop vehicles for the purposes of carrying out a road check

Power to require name and address for road traffic offences: The Serious Organised Crime and Police Act 2005 allows PCSOs to be designated with the power to require the name and address of a driver or pedestrian who fails to follow the directions of a community support officer or police officer under sections 35 or 37 of the Road Traffic Act 1988.

Power to place signs: The Serious Organised Crime and Police Act 2005 enables PCSOs to be designated with the power of a constable under section 67 of the Road Traffic Regulation Act 1984 to place and maintain traffic signs.

Power to seize vehicles used to cause alarm: Power to stop and seize a vehicle which a PCSO has reason to believe is being used in a manner which contravenes sections 3 or 34 of the Road Traffic Act 1988 (careless and inconsiderate driving and prohibition of off-road driving) and is causing alarm, distress or annoyance under section 59 of the Police Reform Act 2002.

SECURITY POWERS

Power to enter and search any premises for the purposes of saving life and limb or preventing serious damage to property. Power to stop and search in authorised areas: Powers under the Terrorism Act 2000 in authorised areas to stop and search vehicles and pedestrians hand luggage when in the company and under the supervision of a constable.

Power to enforce cordoned areas: under section 36 of the Terrorism Act 2000.

ADDITIONAL POWERS GRANTED TO ASBO PCSOs:

Additional powers granted have been granted to ASB PCSOs to assist them in their role.This will be run as a pilot and if successful may be expanded to all PCSOs. Powers include:

Power to issue Fixed Penalty Notices in respect of:

Sale of alcohol to a person under 18 Purchase of alcohol for a person Delivery of alcohol to a person under 18 Or allowing such delivery Consumption of alcohol by a person under 18 or allowing such consumption. Buying or attempting to buy alcohol by an under 18. Sells or attempts to sell alcohol to a person who is drunk. Drinking in a designated area Breach of Firework Curfew. Possession of Category 4 fireworks Possession by a person under 18 of an adult firework. Supply of excessively loud fireworks Throwing fireworks Causing harassment, alarm or distress