HUMBERSIDE POLICE Protecting Communities, Targeting Criminals, Making a Difference

Transcription

1 HUMBERSIDE POLICE Protecting Communities, Targeting Criminals, Making a Difference PCSO DESIGNATED POWERS

2 I, Justine Curran, being the Chief Constable of Humberside Police, and being satisfied that (..) is a suitable person, is capable, and is adequately trained, to carry out the functions and powers in this authorisation hereby designate him/her as a Community Support Officer as defined by section 38 of the Police Reform Act This officer has throughout the Humberside Police area (the unitary authority areas of East Riding of Yorkshire, North East Lincolnshire, Kingston upon Hull and North Lincolnshire) the following powers as defined by Part 1 of Schedule 4 to the Police Reform Act 2002 as amended. Power to Detain and to Require a Person to Give Details Standard Powers 1. Paragraphs 1A and 2(6) of Schedule 4 to the Police Reform Act 2002, (provision of name and address for relevant offences, namely: any offence for which a fixed penalty notice or penalty notice for disorder can be given; section 39 of the Anti-Social Behaviour, Crime and Policing Act 2014 (failure to follow an instruction to disperse); section 3 of the Vagrancy Act 1824 (begging in a public place or causing or procuring or encouraging any child so to do); section 4 of the Vagrancy Act 1824 (repeat or further offences of begging); 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);

3 2. Paragraphs 1A and 2(6A) of Schedule 4 to the Police Reform Act 2002, (provision of name and address for relevant licensing offences, namely: section 141 of the Licensing Act 2003 (sells or attempts to sell alcohol to a person who is drunk other than in premises authorised by a club premises certificate); section 142 of the Licensing Act 2003 (obtaining or attempting to obtain alcohol for a person who is drunk); section 146(1) of the Licensing Act 2003 (sale of alcohol to a person under 18); section 149(1)(a) of the Licensing Act 2003 (buying or attempting to buy alcohol by an under 18); section 149(3)(a) of the Licensing Act 2003 (buy/attempt to buy alcohol on behalf of person under 18); section 149(4)(a) of the Licensing Act 2003 (purchase of alcohol for a person under 18); section 150 of the Licensing Act 2003 (consumption of alcohol by a person under 18 or allowing such consumption); section 151 of the Licensing Act 2003 (delivery of alcohol to a person under 18 or allowing such delivery); and section 152 of the Licensing Act 2003 (sending a person under 18 to obtain alcohol); The officer may require a name and address to be given but may not detain any person for those relevant licensing offences that are most likely to be committed by license holders; 3. Paragraph 3 of Schedule 4 to the Police Reform Act 2002 (provision of name and address in relation to anti-social behaviour); 4. Paragraph 3A of Schedule 4 to the Police Reform Act 2002 (provision of name and address in relation to road traffic offences); 5. Paragraph 7B of Schedule 4 to the Police Reform Act 2002 (provision of name and address in relation to possession of drugs);

4 Discretionary Powers 6. Section 4 of the House to House Collections Act 1939 and Regulation 7 of the House to House Collections Regulation 1947 (production of certificate of authority); 7. Section 6 of the House to House Collections Act 1939 (providing name and address and specimen signature); Additional Powers in relation to Stopping or Detaining Persons Standard Powers 8. Section 36 of the Terrorism Act 2000 (power to enforce cordoned areas); 9. Terrorism Act 2000 (power to stop and search vehicles and pedestrians in authorised areas when in the company and under the supervision of a constable); Discretionary Powers 10. Section 32 of the Police and Criminal Evidence Act 1984 (power to search detained persons for anything that could be used to cause physical injury or to assist escape subject to compliance with a constable s instructions on what to do with any item found); 11. Paragraph 4 of Schedule 4 to the Police Reform Act 2002 (power to use reasonable force to prevent a detained person making off when waiting for the arrival of a constable or when accompanying a detained person to a police station);

5 12. Paragraph 2 of Schedule 4 to the Police Reform Act 2002 (power to detain a person for up to 30 minutes for the arrival of a police officer (or to accompany that person to a police station if he or she elects to do so on request) whom the officer has reason to believe has committed a relevant offence and who fails to comply with a requirement to give name and address or who gives an answer which the officer reasonably suspects to be false or inaccurate); 13. Sections 3 and 4 of the Vagrancy Act 1824 (power to detain a person who has failed to comply with a requirement to stop committing an offence under the Act); 14. Paragraph 4ZB of Schedule 4 to the Police Reform Act 2002 (power to use reasonable force when exercising powers of detention); 15. Paragraph 7 of Schedule 4 to the Police Reform Act 2002 (power to search a person for alcohol and tobacco where that person has failed to surrender any such items to the officer when the officer has the power to require such surrender); Power to Disperse Discretionary Powers 16. Section 35 of the Anti-social Behaviour, Crime and Policing Act 2014 conferred on by section 30(3) to (6) of that Act (power of a constable in uniform to disperse groups and remove persons under 16 to their place of residence; 17. Section 16 of the Crime and Disorder Act 1998 (power 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);

6 Power to Stop or Detain Vehicles Standard Powers 18. Sections 3 or 34 of the Road Traffic Act 1988 and Section 59 of the Police Reform Act 2002 (power to stop and seize a vehicle which the officer has reason to believe is being used in a careless and inconsiderate manner or in contravention of a prohibition of off-road driving, and such use is causing alarm, distress or annoyance); 19. Regulation 3 of the Removal and Disposal of Vehicles Regulations 1986 (power to order the removal of a vehicle from a road which is: in a position, condition or situation causing obstruction or danger to persons using the road; or in contravention of a prohibition contained in Schedule 1 of the regulations; 20. Section 163(2) of the Road Traffic Act 1988 (power of a constable in uniform to stop a cycle when he has reason to believe that a person has committed the offence of riding on a footpath); Power to Remove or Seize an Article Standard Powers 21. Paragraph 7B of Schedule 4 to the Police Reform Act 2002 (power to seize unconcealed drugs or drugs found when searching for alcohol, tobacco or other items and to retain the drugs until a constable instructs the officer what to do with it);

7 22. Paragraph 5 of Schedule 4 to the Police Reform Act 2002 (power to require persons the officer reasonably believes intend to consume alcohol in designated places not to do so and power to require persons drinking alcohol in such a place to surrender it and the power to dispose of the alcohol); 23. Paragraph 6 of Schedule 4 to the Police Reform Act 2002 (power to require persons aged under 18 or persons who are or who have been supplying alcohol to a person aged under 18 to surrender any alcohol in his possession and to give their name and address, and the power to dispose of the alcohol); 24. Section 7 of the Children and Young Persons Act 1933 (power to seize tobacco from a person aged under 16 and to dispose of that tobacco); Discretionary Powers 25. Section 19(1) of the Police and Criminal Evidence Act 1984 (power of a constable when lawfully on any premises to seize things); 26. Section 19(4) of the Police and Criminal Evidence Act 1984 (power of a constable when lawfully on any premises to require production of information which is stored in any electronic form and is accessible from the premises in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form); Power to Issue a Fixed Penalty Notice/Penalty Notice for Disorder Standard Powers 27. Section 72 of the Highway Act 1835 (riding a cycle on a footway); 28. Section 88 of the Environmental Protection Act 1990 (litter);

8 29. Paragraph 15ZA of Schedule 4 to the Police Reform Act 2002 (power to photograph persons who has been arrested, detained or given a fixed penalty notice away from a police station): Discretionary Powers 30. Section 141 of the Licensing Act 2003 (sells or attempts to sell alcohol to a person who is drunk); 31. Section 146 of the Licensing Act 2003 (sale of alcohol to a person under 18); 32. Section 149(1) of the Licensing Act 2003 (buying or attempting to buy alcohol by an under 18); 33. Section 149(3)(a) of the Licensing Act 2003 (buy/attempt to buy alcohol on behalf of person under 18); 34. Section 149(4) of the Licensing Act 2003 (purchase of alcohol for a person under 18); 35. Section 150 of the Licensing Act 2003 (consumption of alcohol by a person under 18 or allowing such consumption); 36. Section 151 of the Licensing Act 2003 (delivery of alcohol to a person under 18 or allowing such delivery); 37. Section 12 of the Licensing Act 1872 (drunk in the highway); 38. Section 91 of the Criminal Justice Act 1967 (drunk and disorderly behaviour); 39. Section 444A of the Education Act 1996 (failure to secure regular attendance at school of registered pupil); 40. Section 105 of the Education and Inspections Act 2006 (presence of excluded pupil in public place); 41. Section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 (failure to comply with public spaces protection order); 42. Section 43(1) of the Anti-social Behaviour Act 2003 (graffiti or fly-posting); 43. Section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property (under 500));

9 44. Section 80 of the Explosives Act 1875 (throwing fireworks); 45. Section 11 of the Fireworks Act 2003 and Fireworks Regulations 2004 (breach of fireworks curfew); 46. Section 11 of the Fireworks Act 2003 and Fireworks Regulations 2004 (possession of a category 4 firework); 47. Section 11 of the Fireworks Act 2003 and Fireworks Regulations 2004 (possession by a person under 18 of an adult firework); 48. Section 11 of the Fireworks Act 2003 and Fireworks Regulations 2004 (supply of excessively loud fireworks); 49. Section 5(1) of the Road Traffic Regulation Act 1984 (contravention of traffic order imposing a prohibition or restriction that relates to: stopping, waiting or parking at or near a school entrance; one-way traffic on a road; or lanes or routes for use only by cycles, only by buses or only by cycles and buses; 50. Section 24 of the Road Traffic Act 1988 (more than one person on a one-person bicycle); 51. Section 35 of the Road Traffic Act 1988 (failing to comply with traffic directions) committed by the rider of a cycle; 52. Section 36 of the Road Traffic Act 1988 (failing to comply with traffic signs) committed by the rider of a cycle who fails to comply with the indication given by a red traffic light; 53. Section 42 of the Road Traffic Act 1988 of contravening or failing to comply with a construction or use requirement about: lighting equipment or reflectors for cycles; the use on a road of a motor vehicle in a way that causes excessive noise; stopping the action of a stationary vehicle s machinery; the use of a vehicle s horn on a road while the vehicle is stationary or on a restricted road at night; or opening a vehicle s door on a road so as to injure or endanger a person;

10 54. Section 163 of the Road Traffic Act 1988 (failing to stop vehicle or cycle when required to do so by constable or traffic officer); 55. Section 55 of the British Transport Commission Act 1949 (trespassing on a railway); 56. Section 56 of the British Transport Commission Act 1949 (throwing stones at a train); 57. Section 5 of the Public Order Act 1986 (causing harassment, alarm or distress); 58. Section 127(2) of the Communications Act 2003 (using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety); 59. Section 5 of the Criminal Law Act 1967 (wasting police time, giving false report); 60. Section 49 of the Fire and Rescue Services Act 2004 (knowingly giving false alarm to a person acting on behalf of a fire and rescue authority); Power of Entry into Premises Standard Powers 61. Paragraph 8 of Schedule 4 to the Police Reform Act 2002 (power to enter and search any premises for the purposes of saving life and limb or preventing serious damage to property); Discretionary Powers 62. Paragraph 8A of Schedule 4 to the Police Reform Act 2002 (power to enter premises licensed for the sale of alcohol for consumption off the premises, or to enter any premises requiring a premises licence under the licensing Act 2003 when accompanied by a constable); 63. Section 169A(7) of the Licensing Act 2003 (power to serve closure notice given following an offence of persistently selling alcohol to children at licensed premises);

11 Road Traffic Powers Standard Powers 64. Sections 35 and 37 of the Road Traffic Act 1988 (powers of constables to direct traffic (for purposes other than escorting loads of exceptional dimensions) including the power to direct traffic for the purposes of conducting a traffic survey); 65. Paragraph 13 of Schedule 4 to the Police Reform Act 2002 (power to carry out a road check which has been authorised by a police officer of superintendent rank or higher and power to stop vehicles for the purposes of carrying out a road check); 66. Section 67 of the Road Traffic Regulation Act 1984 (power of a constable to place and maintain traffic signs); Discretionary Powers 67. Section 67 of the Road Traffic Act 1988 (powers of a constable in uniform to stop vehicles for the purposes of testing); 68. Paragraph 12 of Schedule 4 to the Police Reform Act 2002 (power to direct traffic for the purposes of escorting abnormal loads). Traffic Warden Powers This officer also has Traffic Warden Powers as designated under section 96 of the Road Traffic Regulation Act 1984 and Article 3 of the Functions of Traffic Wardens Order 1970 (which provides for Traffic Wardens to exercise certain powers of constables in relation to vehicles and pedestrians).

12 Power to Give Directions to Vehicles, Cycles and Pedestrians 69. Power of constables to require drivers and pedestrians to comply with traffic directions given under sections 35 and 37 of the Road Traffic Act 1988; 70. Power of constables to require vehicles to stop for testing by an authorised examiner (section 67(3) of the Road Traffic Act 1988); 71. Power of constables to require vehicles and cycles using a road to stop (section 163 of the Road Traffic Act 1988); Power to Require Any Person to Provide Details 72. Power of constables to require pedestrians failing to comply with traffic directions to provide details of names and addresses (section 169 of the Road Traffic Act 1988); 73. Where the officer is assisting a constable or has reasonable cause to believe that any person has committed an offence: contrary to pedestrian crossing regulations made under section 25 of the Road Traffic Regulation Act 1984; contrary to section 22 of the Road Traffic Act 1988 (leaving a vehicle in a dangerous position); or in respect of a vehicle obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road at any time when the officer is employed to perform functions in connection with the custody of vehicles removed from a road or land in the open air in pursuance of regulations made under section 99 of the Road Traffic Regulation Act 1984 or from a parking place in pursuance of a street parking place order; 74. the power of a constable to require that person to produce his driving licence (section 164(1) and (2) and 164(6) of the Road Traffic Act 1988);

13 75. Where the officer is assisting a constable or has reasonable cause to believe that any person has committed an offence: concerning a vehicle left or parked on a road during the hours of darkness without the lights or reflectors required by law; regarding a vehicle obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road; of failing to comply with traffic directions given under section 35 of the Road Traffic Act 1988; in contravention of a provision of the Vehicle Excise and Registration Act 1994; or under section 47 of the Road Traffic Regulation Act 1984 (offences relating to parking places on highways where charges made); 76. the power of a constable to require that person to give the name and address of the driver and/or owner of the vehicle and require production of evidence of insurance security and test certificate (sections 165 of the Road Traffic Act 1988); Miscellaneous Powers 77. The power of a constable in relation to offences committed in contravention of the Vehicles Excise and Registration Act 1994; 78. The power of a constable to enforce the requirements of Regulation 24 of the Road Vehicle Lighting Regulations 1989 (vehicles and cycles used, left or parked on a road during the hours of darkness or reduced visibility without the appropriate lights or reflectors required by law (section 42 of the Road Traffic Act 1988) including the power to issue a fixed penalty notice (Schedule 3 to the Road Traffic offenders Act 1988); 79. Power of constables in relation to offences relating to parking places on highways where charges made (section 47 of the Road Traffic Regulation Act 1984) law including the power to issue a fixed penalty notice (Schedule 3 to the Road Traffic offenders Act 1988);

14 80. Power of a constable to give evidence of an admission by certificate (section 11 of the Road Traffic Offenders Act 1988 and section 113 of the Road Traffic Regulation Act 1984); 81. Power of a constable to remove illegally parked or abandoned vehicles, or vehicles causing an obstruction or danger (regulation 4A of the Removal and Disposal of Vehicles Regulations 1986); 82. Power of a constable to affix an immobilisation device to illegally parked vehicles (sections 104 and 105 of the Road Traffic Regulation Act 1984); 83. Power of a constable in relation to vehicles obstructing any road or waiting or being left or parked or being loaded or unloaded in a road.

15 UNIFORM Whilst undertaking designated duties as a Community Support Officer an approved uniform will be worn. The approved uniform will consist of standard issue Humberside Police Officer uniform clothing appropriate to the role or function being fulfilled with the exception that epaulettes and cap/hat bands will be light blue in colour. The uniform will carry appropriate designations as illustrated below: Property of Humberside Police If found please return to any police station