Police Community Support Officers – designated powers

The role of Police Community Support Officers (PCSOs)

In Warwickshire, PCSOs play a significant role in working with police and other agencies to tackle and prevent issues such as public nuisance and anti-social behaviour.  

• PCSOs work in neighbourhood policing teams helping.
• They must wear a uniform clearly marked ‘PCSO’. 

Authorised powers

Schedule 11 of the Policing and Crime Act 2017 outlines PCSO specific powers which may be designated by chief officers to their PCSOs. Chief officers must decide which powers they wish to designate to their PCSOs. All police constable powers are available to be designated, with the exception of those outlined in Schedule 10 of the Policing and Crime Act 2017. Schedule 3B of Police Reform Act 2002 details excluded powers from designation under section 38.

The following list of powers have been authorised, or ‘compiled for designation’ by the Warwickshire Police Chief Constable following a rigorous engagement and review process with Warwickshire Police staff and officers.

Each PCSO carries a ‘Designation Card’ that, when accompanied by a valid Warwickshire Police photographic ID card and carried by an individual wearing a designated Warwickshire Police PCSO uniform, evidences the authorised powers that they can use by providing a link to this webpage.  

The powers may be varied from time to time as determined by changes in legislation

Power to issue fixed penalty notices

1. 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 (fixed penalty notices) in respect of an offence under section 72 of the highway act 1835; cycling on a footpath.
2. The power of a constable to give a penalty notice under chapter 1 of part 1 of the criminal justice and police act 2001 (see the table at schedule 1 below). On the authority of a police officer of the rank of sergeant or above.
3. The power of a constable to give a penalty notice under section 444a of the education act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil); on the authority of a police officer of the rank of sergeant or above.
4. The power of a constable to give a penalty notice under section 105 of the education and inspections act 2006 (penalty notice in respect of presence of excluded pupil in public place); on the authority of a police officer of the rank of sergeant or above.
5. 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); this section applies where, in England and Wales, on any occasion a constable in has reason to believe that a person he finds -
   • Is committing or has on that occasion committed a fixed penalty offence; or
   • Has, within the period of 28 days before the day of that occasion, committed a community drivers' hours offence.
6. The power to issue a fixed penalty notice for failing to comply with the indication given by a red traffic light under section 36 of the road traffic act 1988; (all traffic signs).
7. The power to issue a fixed penalty notice under section 24 of the road traffic act 1988 for the offence of more than one person on a one- person bicycle;
8. The power of a constable to issue a fixed penalty notice to the rider of a cycle under section 35 of the road traffic act 1988 for failing to comply with traffic directions;
9. The power to issue a fixed penalty notice for contravention of a traffic regulation order under section 5(1) of the road traffic regulation act 1984; on the authority of a police officer of the rank of inspector or above.
10. The power to issue a fixed penalty notice under section 163 of the road traffic act 1988 for the offence of failing to stop vehicle or cycle when required to do so by constable or traffic officer;
11. The power of a constable to issue a fixed penalty notice under section 5(1) or 8(1) of the road traffic regulation act 1984 for contravention of a prohibition or restriction that relates to one way traffic on a road;
12. Power of a constable under section 42 of the road traffic act 1988 to issue a fixed penalty notice for the offence of failing to comply with a construction or use requirement about stopping the action of a stationary vehicle’s machinery (failure to stop engine when stationary);
13. The power of a constable under section 42 of the road traffic act 1988 to issue a fixed penalty notice for the offence of failing to comply with a construction or use requirement about the use on a road of a motor vehicle that causes excessive noise;
14. The power of a constable under section 68 of the anti-social behaviour, crime and policing act 2014 to issue a fixed penalty notice on individuals who fail to comply with a public space protection order or fails to comply with a request to cease drinking or surrender alcohol in a controlled drinking zone.

Power to require name and address for anti-social behaviour

15. The power of a constable in uniform under section 50 of the Police Reform Act 2002 to require a person who has engaged, or is engaging in, anti-social behaviour to give his name and address.

Power to require name and address and production of fishing licence

16. The power of a constable under section 35 of the Salmon and Freshwater Fisheries Act 1975 to require a person to produce their licence or other authority to fish and to state their name and address.

Power to require name and address for road traffic offences

17. The power to require the name and address of a driver who the PCSO has reasonable cause to believe has committed an offence under subsections (1) or (2) of section 35 of the Road Traffic Act 1988, or a pedestrian committing an offence under section 37 of the 1988 Act.

Power to require persons drinking in restricted areas to surrender alcohol

18. The power of a constable under section 63 of the Anti-Social Behaviour, Crime and Policing Act 2014 to require a person whom a PCSO reasonably believes is, or has been, consuming alcohol in breach of prohibition in a public spaces protection order or intends to do so, to not consume that alcohol and to surrender any alcohol or container for alcohol;
19. The power of a constable under section 63 of the anti-social behaviour, crime and policing act 2014 to dispose of alcohol surrendered.

Power to search, seize and require persons aged under 18 to surrender alcohol

20. A PCSO may search a person for alcohol or a container for alcohol if a) the PCSO has (in consequence of provision included in his or her designation in reliance on section 38(6b0(a)) imposed a requirement on a person to surrender alcohol or a container for alcohol under section 63(2) of the Anti-Social Behaviour, Crime and Policing Act 2014 or under section 1 of the Confiscation of Alcohol (young persons) Act 1997. (b) the person failed to comply with the requirement and (c) the PCSO reasonably believes that the person has alcohol or a container for alcohol in his or possession.
21. A PCSO may search a person for tobacco or cigarette papers where (a) the PCSO has (in consequence of provision included in his or her designation in reliance on section 38(6b)(a)) sought to seize the tobacco or cigarette papers under section 7(3) of the Children and Young Person Act 1933 (seizure of tobacco from young persons). (b) the person from whom the PCSO sough to seize the item has failed to surrender it, and (c) the PCSO reasonably believes that the person has it in his or possession.
22. The power of a constable under section 1 of the Confiscation of Alcohol (young persons) Act 1997 to require a person whom a PCSO 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;
23. The power of a constable under section 1 of the Confiscation of Alcohol (young persons) Act 1997 to remove a person the PCSO believes to be under 16 to his place of residence or a place of safety, if the PCSO has imposed a requirement on a person to surrender anything in his possession believed to be alcohol or a container for alcohol;
24. The power of a constable under section 1 of the Confiscation of Alcohol (young persons) Act 1997 to dispose of alcohol surrendered.

Power to seize vehicles used to cause alarm

25. The power of a constable to stop and seize a vehicle, under section 59 of the Police Reform Act 2002, 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 to members of the public. (a) the power, if the motor vehicle is moving, to order the person driving it to stop the vehicle; (b) the power to seize and remove the motor vehicle;

Power to stop cycles

26. The power of a constable in uniform, within the relevant police area, to stop a cycle under section 163(2) of the Road Traffic Act 1988 when a PCSO has reason to believe that a person has committed the offence of riding on a footpath.

Power to control traffic

27. The powers of a constable engaged in the regulation of traffic in a road to direct vehicular traffic under section 35 of the Road Traffic Act 1998, and power of a constable in uniform engaged in the regulation of traffic in a road to direct pedestrian traffic under section 37 of the Road Traffic Act 1998. It also gives PCSOs the power to direct traffic for the purposes of conducting a traffic survey under section 35.

Power to carry out road checks

28. The power of a constable under section 4 of the Police and Criminal Evidence Act 1984 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 under section 163 of the Road Traffic Act 1988.

Power to place traffic signs

29. The power of a constable under section 67 of the Road Traffic Regulation Act 1984 to place and maintain traffic signs.

Power to photograph persons away from a police station

30. The power of a constable under section 64a(1a) of the Police and Criminal Evidence Act 1984 to photograph a person, who has been arrested, detained or given a fixed penalty notice, away from the police station.

 direction to exclude a person from an area

31. The power of a constable under section 35 of the Anti-Social Behaviour rime and Policing Act 2014 to exclude a person from an area, provided that an officer of at least the rank of inspector has given an authorisation under section 34.

Power to remove truants and excluded pupils to designated premises etc.

32. The power of a constable under section 16(3) or 16(3za) of the Crime and Disorder Act 1998 to remove a truant or excluded pupil found in a specified area to designated premises or (in the case of a truant) to the school from which the truant is absent.

Right of entry under the licensing act 2003 to investigate offences

33. The power of a constable to enter licensed premises under section 180 of the Licensing Act 2003 for the purposes of investigating relevant licensing offences.

Power to stop vehicles for testing

34. The powers of a constable in uniform to stop vehicles for the purposes of testing under section 67 of the Road Traffic Act 1988.

Power to stop vehicles (section 163 Road Traffic Act 1988)

35. The power of a constable in uniform under section 163 of the Road Traffic Act 1988 to stop a mechanically propelled vehicle being driven, or a cycle being ridden, on a road.

Power to confirm the identity of a charity collector

36. The power of a constable under section 6 of the House to House Collections Act 1939 to require name, address and signature and under section 4 to produce their certificate of authority.

Power to direct person to surrender any item in possession or control

37. The power of a constable under section 37 of the Anti-Social Behaviour, Crime and Police Act 2014 to ask, usually in writing (unless not practicable), a person given a direction under section 35 to surrender any item in the person’s possession or control, which is believed to have been used or is likely to be used in behaviour that harasses, alarms or distresses member of the public.

 Power to issue a community protection notice

38. Following the issue of a written warning, the power of a constable under section 43 and 53 of the Anti-Social Behaviour, Crime and Policing Act 2014 to issue a community protection notice against any person aged 16 or over, business or organisation committing anti-social behaviour which spoils the community’s quality of life.

Power to enter and search premises

39. The power of a constable to enter and search any premises under section 17(1)(e) of the Police and Criminal Evidence Act 1984, in the relevant police area, for the purposes of saving life and limb or preventing serious damage to property.

Additional powers and duties designated under section 38 and listed in schedule 3c of the Police Reform Act 2002:

Additional powers to issue fixed penalty notices

40. The power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (fixed penalty notices in respect of litter) in relation to an individual whom the PCSO has reason to believe has committed an offence under section 87 of that act at a place within the relevant police area;
41. The power of an authorised officer of a local authority to give a notice under section 43(1) of the anti-social behaviour act 2003 (penalty notices in respect of graffiti or flyposting) in relation to an individual whom the PCSO has reason to believe has committed an offence that is a relevant offence for the purposes of section 43(1) at a place within the relevant police area;

Power to require names and addresses

42. The power to require a person to give his or her name and address if the PCSO has reason to believe that:

(a)          the person has committed a relevant offence in the relevant police area, or

(b)          the person has committed a relevant licensing offence (whether or not in the relevant police area).

In this paragraph a ‘relevant offence’ means any of the following:- (a) an offence in respect of which the PCSO is authorised to give a penalty notice (whether in consequence of paragraph 2 of this schedule or in consequence of provision included in his or her designation in reliance on section 38(6b09a)) (b) an offence under section 3 or 4 of the vagrancy act 1824 (c) 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 (d) an offence under section 39 of the anti-social behaviour crime and policing act 2014 (e) an offence under a listed byelaw (f) an offence the commission of which appears to the PCSO to have caused (1) injury, alarm or distress to any other person or (2) the loss of, or any damage to any other person’s property.

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))

Power to seize and detain: controlled drugs

43. If, in the relevant police area, the PCSO:

(a)          finds a controlled drug in a person’s possession (whether or not the PCSO finds it in the course of searching the person in the exercise of a power or duty conferred or imposed by his or her designation under section 38), and

(b)          reasonably believes that it is unlawful for the person to be in possession of it, the PCSO may seize it and retain it.

44. If, in the relevant police area, the PCSO either:

(a)          finds a controlled drug in a person’s possession; or

(b)          reasonably believes that a person is in possession of a controlled drug, and

(c)           reasonably believes that it is unlawful for the person to be in possession of it, the PCSO may require the person to give his or her name and address.

Power to seize and detain: psychoactive substances

45. If, in the relevant police area, the PCSO:

(a)          finds a psychoactive substance in a person’s possession (whether or not the PCSO finds it in the course of searching the person in the exercise of a power or duty conferred or imposed by his or her designation under section 38), and

(b)          reasonably believes that it is unlawful for the person to be in possession of it, the PCSO may seize it and retain it.

46. If, in the relevant police area the PCSO either:

Finds a psychoactive substance in a person’s possession; reasonably believes that a person is in possession of a psychoactive substance, and reasonably believes that it is unlawful for the person to be in possession of it, the PCSO may require the person to give the PCSO his or her name and address.

Road traffic

47. A PCSO has in the relevant police area the powers conferred on persons designated by regulations under section 99 of the Road Traffic Regulation Act 1984 (removal of abandoned vehicles).

This designation is subject to the following conditions and restrictions:

1. The powers conferred on the police staff officer under this designation may be exercised in the County of Warwickshire.
2. The powers conferred on the police staff member under this designation may be exercised in any areas outside the County of Warwickshire where the exercise of any of the powers is required in connection with an investigation under the direction and control of the Chief Constable of Warwickshire Police unless otherwise provided in this designation .
3. The Chief Constable of Warwickshire Police may at any time by notice to the police staff officer the subject of this designation, modify or withdraw this

Uniform

The Chief Constable of Warwickshire Police has determined for the purposes of subsection 42(2) of the Police Reform Act 2002, that whilst undertaking the designated duties as a PCSO an approved uniform will be worn.

Epaulettes and cap or hat bands will be light blue in colour, and the uniform will carry appropriate badges of designation.

Offence creating provision	Description of offence
Section 12 of the Licensing Act 1872 (c.94)	Being drunk in a highway, other public place or licensed premises
Section 80 of the Explosives Act 1875 (c.17)	Throwing fireworks in a thoroughfare
Section 2(1) of the Parks Regulation (Amendment) Act 1926 so far as it creates an offence against the Parks Regulation Act 1872 relating to any of the following provisions of the Royal Parks and Other Open Spaces Regulations 1997	Failing to comply with, or contravening, those Regulations by—
(a) regulation 3(3)	dropping or leaving litter or refuse except in a receptacle provided for the purpose
(b) regulation 3(4)	using a pedal cycle, a roller blade etc except on a Park road or in a designated area
(c) regulation 3(6)	failing to remove immediately any faeces deposited by an animal of which that person is in charge
Section 55 of the British Transport Commission Act 1949 (c.xxix)	Trespassing on a railway
Section 56 of the British Transport Commission Act 1949 (c.xxix)	Throwing stones etc. at trains or other things on railways
Section 169A of the Licensing Act 1964 (c. 26)	Sale of alcohol to a person under 18
Section 169C(1)of the Licensing Act 1964 (c. 26)	Buying or attempting to buy alcohol by a person under 18
Section 169C(2) of the Licensing Act 1964 (c.26)	Buying or attempting to buy alcohol for  a person under 18
Section 169E of the Licensing Act 1964 (c. 26)	Consumption of alcohol by a person under 18 or allowing such consumption
Section 169F of the Licensing Act 1964 (c. 26)	Delivery of alcohol to a person under 18 or allowing such delivery
Section 172(3) of the Licensing Act 1964 (c. 26)	Selling alcohol to a drunken person
Section 91 of the Criminal Justice Act 1967 (c.80)	Disorderly behaviour while drunk in a public place
Section 5(2) of the Criminal Law Act 1967 (c.58)	Wasting police time or giving false report
Section 1 of the Theft Act 1968 (c. 60)	Theft
Section 1(1) of the Criminal Damage Act 1971 (c. 48)	Destroying or damaging property
Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following- (a) cannabinol, (b) cannabinol derivatives (within the meaning of Part 4 of Schedule 2 to that Act), (c) cannabis or cannabis resin (within the meaning of that Act), (d) any stereoisomeric form of a substance specified in any of paragraphs (a) to (c), (e) any ester or ether of a substance specified in paragraph (a) or (b), (f) any salt of a substance specified in paragraphs (a) to (e), (g) any preparation or other product containing a substance or product specified in any of paragraphs (a) to (f), not being a preparation falling within paragraph 6 of Part 1 of Schedule 2 to that Act.	Possession of cannabis etc
Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following— (a) khat (within the meaning given by Part 4 of Schedule 2 to that Act), or (b) any preparation or other product containing khat.	Possession of khat or any preparation or other product containing khat
Section 43(1)(b) of the Telecommunications Act 1984 (c.12)	Using public telecommunications system for sending message known to be false in order to cause annoyance
Section 5 of the Public Order Act 1986 (c.64)	Behaviour likely to cause harassment, alarm or distress
Section 87 of the Environmental Protection Act 1990 (c. 43)	Depositing and leaving litter
Section 12 of this Act	Consumption of alcohol in designated public place
Section 127(2) of the Communications Act 2003	Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety
Section 11 of the Fireworks Act 2003 (c. 22)	Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements
Section 49 of the Fire and Rescue Services Act 2004 (c. 21)	Knowingly giving a false alarm of fire
Section 149(4) of the Licensing Act 2003	Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child