Community Safety Accreditation Scheme (CSAS) Policy and Procedure Reference No. P03:2013 Implementation date 31.05.2013 Version Number 1.3 Reference No: Name. Linked documents ACPO s (CSAS) Guidance 2012 Skills for Security Document P15:2011 ASB Policy P03C:2013 Policy Section Procedure Section South West Region (Traffic) Protocols and Procedures Suitable for Publication Yes Yes Protective Marking Not Protectively Marked PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE.
Table of Contents 1 Policy Section... 4 1.1 Statement of Intent Aim and Rationale... 4 1.2 Our Visions and Values... 4 1.3 People, Confidence and Equality... 5 2 Standards... 5 2.1 Legal Basis... 5 2.2 People, Confidence and Equality Impact Assessment... 6 2.3 Any Other Standards... 6 2.4 Monitoring / Feedback... 6 3 Procedure Section... 8 3.1 Definition... 8 3.2 Initial Meeting... 8 3.3 Application Process... 8 3.4 Vetting... 8 3.5 Powers... 9 3.6 Training... 9 3.7 Accreditation... 9 3.8 Information Sharing... 10 3.9 Identification and Uniform... 10 3.10 Identity and Powers Cards... 11 3.11 Access to Police Stations and Police IT Systems... 11 3.12 Management and Supervision... 11 3.13 Complaints... 11 3.14 Requesting or removing Powers... 12 3.15 Reaccreditation Process... 12 3.16 Roles and Responsibilities... 13 3.17 Administration... 13 3.18 Fees... 14 3.19 Regional CSAS scheme... 14 4 Consultation and Authorisation... 15 4.1 Consultation... 15 4.2 Authorisation of this version... 15 5 Version Control... 15 2
5.1 Review... 15 5.2 Version History... 15 5.3 Related Forms... 16 5.4 Document History... 16 Appendix A List of Powers... 17 APPENDIX B COMMUNITY SAFETY ACCREDITATION SCHEME SOUTH WEST REGION (TRAFFIC) PROTOCOLS AND PROCEDURES... 21 3
1 Policy Section 1.1 Statement of Intent Aim and Rationale Dorset Police is committed to supporting the s (CSAS) introduced by the Police Reform Act 2002. Accredited Persons (APs) perform a visible community safety role, complimenting partnership approaches to reducing low level crime and anti social behaviour. This policy explains the accreditation and re-accreditation processes required for public and private sector organisations. Any relevant employer operating within the Dorset Police area can apply for accreditation under this scheme. This policy provides specific information for all members of the Force, people involved in the maintenance of CSAS and those who are considering applying for accreditation or reaccreditation. 1.2 Our Visions and Values Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for You Our strategic priority is to achieve two clear objectives: To make Dorset safer To make Dorset feel safer In doing this we will act in accordance with our values of: Integrity Professionalism Fairness and Respect National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance. Code of Ethics The Code of Ethics underpins every day policy, procedures, decision and action in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. 4
1.3 People, Confidence and Equality This document seeks to achieve the priority to make Dorset feel safer by securing trust and confidence. Research identifies that this is achieved through delivering services which: 1. Address individual needs and expectations 2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism 5. Express Force values 6. Instil confidence in staff This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Comprehensive consultation and surveying has identified a common need and expectation for communities in Dorset to be:- - Listened to - Kept informed - Protected, and - Supported 2 Standards 2.1 Legal Basis CSAS was introduced by the Police Reform Act 2002. The Act enables the Chief Constable to accredit and quality assure schemes and individual APs. APs are in a visible community safety role, complimenting a partnership approach to the reduction of low level anti social behaviour and increase in public reassurance. Any public or private sector organisation may apply to the Chief Constable for the accreditation of their staff. The organisation must be fit and proper to supervise their accredited employees. Private organisations must be approved by the Association of Chief Police Officers Crime Prevention Initiatives (ACPO CPI) Ltd before they can apply for accreditation. Organisations must comply with legislation set down in Sections 40, 41, 42 and 46 of the Police Reform Act. Section 40 of the Police Reform Act 2002 allows the Chief Constable to approve public and private sector organisations as outlined in Section 41 to operate an accredited scheme and accredit individuals employed by these organisations as outlined in Section 41(2). Accredited Persons can be granted CSAS powers depending on satisfactory training and projected use The purposes for gaining accreditation are set out in Section 40 (3) and are:- 5
a) Contributing to Community Safety and Security; and b) In co-operation with Dorset Police combating crime and disorder, public nuisance and other forms of anti-social behaviour. The Police Reform Act 2002 specifies the requirements which must be met by employers before employees of their organisation may be granted accreditation. There are also specific requirements that must be met by the individual employee. Each employer in relation to a CSAS must show that sufficient Health and Safety systems are in place and that relevant risk assessments have been completed in order to achieve accreditation under the scheme. Statutory offences relating to assaulting or obstructing APs or persons assisting them, and of impersonating an AP, have been created to afford legal protection to APs. APs must be over 18, suitably trained to use the accredited powers they are requesting and vetted to NPPV Level 2. 2.2 People, Confidence and Equality Impact Assessment During the creation of this document, this business area is subject to an assessment process entitled People, Confidence and Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 2.3 Any Other Standards Failure by Dorset Police personnel to follow set policies and procedures when considering applications for persons to be accredited which results in unlawful discrimination could result in legal action with resultant financial implications. Ineffective use of APs may adversely affect service delivery and may result in duplicating the deployment of resources from organisations that overlap geographically. 2.4 Monitoring / Feedback The CSAS Coordinator will monitor and evaluate schemes operating across the county area. The CSAS co-ordinator will periodically observe the APs on duty throughout the accreditation period to ensure they are meeting the necessary standards. Persons observing the APs will then complete an evaluation form and send this to the CSAS coordinator for review. The evaluation form will be completed by all scheme managers to capture information on the: a) impact on levels of crime, recorded crime and anti-social behaviour. b) impact on levels of fear of crime, feeling of public safety, public reassurance and quality of life issues such as abandoned vehicles, litter and vandalism. 6
c) improved information-sharing and co-operation between Dorset Police and accredited partners. Each CSAS scheme manager will also be expected to independently monitor and evaluate their ongoing effectiveness to assist the reaccreditation process. The Traffic management companies will routinely update the CSAS Coordinator with a schedule of planned deployments, where powers are to be used, in the Force area. The CSAS Coordinator will maintain a register of all Accredited Companies and their staff with dates of accreditation, dates for renewal, dates of vetting and list of powers accredited. At the end of the period approved for accreditation (maximum of three years), an assessment will be made of the schemes performance in order to make recommendations for the Chief Constable to approve a further period. The key aims of accreditation schemes will generally be to: impact on levels of public safety, crime, recorded crime and anti-social behaviour. impact on levels of fear of crime, feelings of public safety, public reassurance and quality of life issues such as abandoned vehicles, litter and vandalism. improve information-sharing and co-operation between forces and accredited partners. reduce the impact on police resources. Each accreditation scheme will be expected to independently monitor and evaluate their effectiveness. Feedback relating to this policy can be made in writing or by e-mail to Address: Operations and Contingency Planning Manager (OCPS) Inspector Dave Osborne, Joint Emergency Services Building, Wimborne Road, Poole, Dorset BH15 2BP E-mail: ocps@dorset.pnn.police.uk Telephone: 01202 223172 7
3 Procedure Section 3.1 Definition APs must be an employee defined by the Employment Rights Act 1996, s 230. This means an individual who has entered into or works under a contract of employment. The same legislation defines an employer as; the person by whom the employee is employed. Although the CSAS referred to under the Act is in respect of employees only, Dorset Police needs to be satisfied that employers who want to operate within the Scheme are fit and proper persons and have appropriate policies and procedures in place to properly supervise accredited employees. By requiring an employer and employees, voluntary community safety schemes, such as neighbourhood watches will not be covered by a CSAS. 3.2 Initial Meeting The CSAS Coordinator or deputy should meet with the private or public company manager interested in accrediting their employees. This meeting is an opportunity to discuss the scheme and the requirements of accreditation. All private companies seeking accreditation will be referred to the Association of Chief Police Officers Crime Prevention Initiatives (ACPO CPI) Ltd, a centrally approved organisation that will conduct company vetting of sufficient depth in order for a decision into their suitability for accreditation to be made by the Chief Constable. A fee will be charged by ACPO CPI Ltd to the company involved. 3.3 Application Process The company seeking accreditation must make a written request to the Chief Constable requesting accreditation. Copies of any correspondence must be sent to the CSAS Coordinator who will review the content to determine whether the employer meets the ACPO standards required to run a scheme (see ACPO Guide to CSAS in the additional information section below). The application form will also prescribe information about the individuals requesting accreditation. 3.4 Vetting Individuals applying for accreditation will be vetted to NPPV level 2 and must complete and submit PSD9 and PSD12 vetting forms to the CSAS Coordinator. Vetting must be renewed every three years. In some cases, companies work in different force areas. It is therefore possible that another force has already carried out the relevant vetting procedures. Where this vetting has occurred, Dorset Police will verify this with the original force. Assuming the vetting is satisfactory; Dorset Police need not take any further action other than complete the administrative procedures required, as set out below. 8
3.5 Powers Schedule 5 of the Police Reform Act, the Anti-Social Behaviour Act 2003 and the Serious Organised Crime and Police Act 2005 detail the 43 powers that can be granted to and exercised by an AP. (Appendix A) Dorset Police will consider applications for any combination of the powers available to APs and only appropriate powers will be delegated on a case by case basis. Applicants for accreditation may only exercise the specific powers included in their accreditation and only in the force area where they are accredited. Chief Officers are not obliged to confer all, or indeed any, of the available powers on an employee. Some applicants may simply wish to enhance their credibility by being accredited by the police and may only seek limited or indeed no powers. Granting accreditation without powers can still yield major strategic benefits by enhancing partnership working. All APs must use an official pocket notebook (PNB) provided by their employer for recording evidence. The PNB should be used only for official entries to do with work and entries should be made as soon as possible after the event has happened. Any powers that are used by an AP must also be logged. The scheme manager is responsible for ensuring that all the PNBs are completed in a professional and accurate manner. PNBs must also be stored securely by the scheme manager and retained for seven years. The practical aspects of issuing fixed penalty notice (FPN) powers e.g. training and administrative processes, are a major consideration for companies applying for these powers. The management of FPN processes is the responsibility of the organisation not the police. If there are any specific issues or offences, these can be referred to the CSAS Coordinator for guidance. 3.6 Training An AP must be capable of effectively carrying out the functions for which he or she is seeking accreditation. The employer must ensure that employees put forward for accreditation meet the criteria as detailed below. Employees seeking accreditation must complete a CSAS training course run by an approved external training provider or externally verified in-house training (see attached list in additional information below). Training specifications are outlined in the ACPO CSAS Guide. They must also complete a minimum of four hours 1 st Aid training. Evidence of these courses should be made available to the CSAS Coordinator. 3.7 Accreditation ACPO Policy sets out the accreditation process and periods to cover: Public sector organisations Private sector organisations Accredited Persons 9
Fees will be charged by the CSAS Coordinator for accreditation to cover part cost recovery for the administration of the Scheme. A Chief Officer who has granted a designation or accreditation to any person under Section 38, 39 or 41 may at any time, by notice to the designated employer or AP, modify or withdraw that designation or accreditation. In these circumstances, the identity card and powers card must be returned immediately. 3.8 Information Sharing An Information Sharing Agreement and Joint Working Protocol have been created and must be signed by both the scheme manager and the local police. Where practical, APs should take part in a joint briefing process which will enable them to contribute more effectively to neighbourhood policing plans. If this is considered appropriate, then APs will need to be accompanied whilst on police premises. APs will be in a position to gather considerable intelligence and support the police in the following ways: Support local community policing, often working in conjunction with designated beat officers Contribute to the PREVENT aspect of the Government s Counter-Terrorism strategy. Patrol hot spots Work towards social cohesion and community regeneration with medium and long term planning Support partnership working, such as managing troubled families as part of an interagency initiative 3.9 Identification and Uniform Section 42(2) of the Police Reform Act states that APs may only exercise their power(s) if they are wearing identifiable clothing approved by the Chief Constable. It is not considered that plain clothes can constitute a uniform. Each Chief Officer will want to ensure that identifiable clothing worn by Accredited Persons is distinct from that worn by Police Officers or Police Community Support Officers (PCSOs). The Home Office has produced the badge required for AP uniforms. The badge must replicate the proportions and colours of the published badge and be worn in the chest region and / or the upper sleeve, at chest height, of the clothing to ensure proper visibility when dealing with the public. The minimum size (73mm x 80mm) has been specified. The Home Office can supply the woven badges to forces on request. Badges are not supplied direct to employers. Companies may incorporate embroidered badges onto their identifiable clothing, so long as the badges still meet the criteria above. 10
3.10 Identity and Powers Cards Not Protected Identity cards are issued to each AP. Arrangements for obtaining photo identity cards are made by the CSAS Coordinator. Once vetting has been satisfactorily achieved and the individual has been accredited by the Chief Constable, photo identity cards can be issued by Dorset Police. Powers Cards are issued to all Accredited Persons by the CSAS Coordinator. These cards detail the powers accredited to the individual by the Chief Constable and the relevant legislation. 3.11 Access to Police Stations and Police IT Systems There are no plans to allow unaccompanied APs access to police stations or I.T. systems. APs will only be granted access to police premises when accompanied by a police officer or member of police staff. 3.12 Management and Supervision Supervision of the exercise of powers by APs is essential. demonstrate the means by which this will be accomplished. Employers are required to Where the supervisor is required to carry out front line duties, he or she must be trained in the use of the relevant powers. Supervision will extend to documents used whilst exercising the powers to ensure that they have been used properly and that the documents have been completed to a satisfactory standard. e.g. PNBs, Statements etc. Some on-street supervision will be required. Employers must describe how that supervision will be accomplished, including frequency. Records must be kept of the use of powers by APs for use as supporting evidence for the reaccreditation process as well as complaints received, with results of any investigations made. The issues that will be assessed will be established at the initial accreditation stage to ensure the data collection for reaccreditation assessments will not place an undue burden on the employer. The three month evaluation will capture some of this evidence. Where the power to issue Penalty Notices has been authorised, the onus will be on the Employer to ensure a breakdown of the FPN / PND recipients is made available for the reaccreditation procedure and / or any subsequent review, having specific regard to diversity monitoring. It is recommended that it is in accordance with the 16+1 codes currently used by Dorset Police. This will be a condition of initial and any subsequent accreditation. 3.13 Complaints Employers must show that they deal effectively with complaints and take action to address identified failures. The minimum criteria for an acceptable complaints procedure are: a) The existence of a Code of Conduct for employees, which is familiar to them; 11
b) The existence of a published, accessible and easy to use, complaints procedure. It should include a commitment to deal with complaints within a specific time limit whenever possible. Some complaints will relate to legal process, (for example persons disputing the evidence against them on receipt of a Fixed Penalty Notice) and will question the legality of that process. c) Other complaints will relate to alleged misconduct of APs. The complaints procedure should detail the manner in which all types of complaints will be dealt with, resolving any conflicts which might arise from the investigation of a complaint allied to other proceedings. d) That guidance and training are given to staff in handling and recording complaints; and that records of complaints and the action taken to deal with them are maintained and available for the reaccreditation process. In every case where misconduct of an AP is proven, the employer will inform the Chief Constable by providing a written summary of the allegation and circumstances and of any sanctions and with details of previous misconduct. The Chief Constable will review the accreditation and may revoke it depending upon the gravity or the number of instances of the misconduct. Normally, complaints made to the police about the conduct of APs will be referred to the employer, and for that reason, the employer will nominate a contact who will receive and act upon those details. The exception will be when the complaint amounts to an allegation of criminal behaviour, in which case a police investigation will ensue. 3.14 Requesting or removing Powers Accredited organisations may wish to add or remove CSAS powers. Requests should be sent in a formal letter to the Chief Constable (with a copy sent to the CSAS Coordinator) detailing the new powers they wish to be accredited with; the reason why they want these powers; the individuals who will use these powers; and what training will be undertaken. 3.15 Reaccreditation Process Three months prior to the expiry of the period for which accreditation had been granted; the scheme manager will be contacted by the local area CSAS Coordinator. A meeting will be arranged to discuss the re-accreditation application process. Re-accreditation should be linked to evaluation. It is through the evaluation provided by the accredited organisation that Dorset Police is able to satisfy itself that the Scheme is effective and that there is a case for the continuation of its accreditation. Clear and robust ongoing assessment and evaluation processes will be required to continue an accredited scheme. The organisation seeking re-accreditation will need to submit a re-accreditation application form as well as a letter addressed to the Chief Constable outlining why they are requesting reaccreditation, the successes of the Scheme so far, the individuals to accredit and the powers they require. Private sector organisations must also evidence their up to date ACPO CPI report. Vetting forms will also be submitted to the CSAS Coordinator if the AP s vetting has expired. 12
The accredited organisation must satisfy Dorset Police that they have the processes in place to organise refresher training deemed necessary in order to maintain the standards required of APs. Fees will be charged for re-accreditation by the CSAS Coordinator to cover part cost recovery for the administration of the scheme. 3.16 Roles and Responsibilities 3.16.1 Employers requirements The employer must be a fit and proper person to supervise the carrying out of the functions for the purpose for which accreditation is granted. Employers must have established and maintain satisfactory arrangements for the handling of complaints. Employers will have effective measures to supervise the carrying out by their employees of the community safety functions for which they have been accredited. Employers will notify Dorset Police promptly of persons leaving the Scheme in order to maintain accurate records and will collect and return to the Dorset Police the identification photo card and powers card individually issued when that person was originally accredited. If an accredited person has a change in circumstances the CSAS Co-ordinator must be notified in writing no more than 7 days after the date of change. A change of circumstances might include a change of name, address or convictions. If in any doubt, the CSAS Co-ordinator should be contacted. Scheme managers planning to use their APs to direct traffic at pre-planned events must ensure they liaise with the Events Planning team before the event regarding their Traffic Management Plan. 3.16.2 Employee Requirements That the person is suitable to exercise the powers that will be conferred on him / her by virtue of accreditation. That the person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him / her. That the person has received adequate training for the exercise of those powers. 3.17 Administration Applications from employers will be supported by a report from the CSAS Coordinator. The application will contain the application form for accreditation, formal letter of request from the organisation, individual training evidence, vetting results and relevant support documents. The report will be sent to the Chief Constable for approval. A decision should be given within four weeks. 13
3.18 Fees The cost of accreditation (or renewal) for each employee will be 100 where Dorset Police undertakes the vetting process in its entirety. If however, the vetting has already been carried out by another police force, then the charge will be 50 per employee. 3.19 Regional CSAS scheme The SW Police Region is trailing a Scheme from March 2015, the first of its type in the Country. This Regional scheme focuses specifically on Traffic Management powers and CSAS accredited Companies who specialise in this area of work. The intention is to allow approved companies, upon making a single application for the region, to receive authority to operate across the region as a whole. The Regional Forces being: Avon and Somerset Devon and Cornwall Dorset Gloucestershire Wiltshire It is recognised that, as a new concept, the supporting procedures and protocols may need to develop over time. This element will be reviewed on a regular basis. These variations will however comply with the legal and ethical intentions of the scheme as detailed within this document. In order for this collaborative approach to work, key areas have been agreed: The Chief Constable for each Regional Police Force accepts the procedures, and ultimately the accreditation, of other partner Forces. Vetting procedures for CSAS staff within the Region are at NPPV2 level. A standard Regional pricing structure. Regional protocols and procedures are developed current version (Appendix B). Standard regional documentation public facing and internal. The Regional Scheme is limited to issuing of two specific powers: The power to direct traffic (other than an abnormal load). The power to demand name and address of a driver. The Chair for the Regional CSAS Coordinating Group is currently held by Dorset. Note: More detailed and current information on the progress of the scheme is held with the Force Coordinator: Andy Sims (5635) in the Operational and Contingency Planning Dept. 14
4 Consultation and Authorisation 4.1 Consultation Version No: Name Rank/Role Date Police & Crime Commissioner Police Federation Superintendents Association UNISON Other Relevant Partners (if applicable) 4.2 Authorisation of this version Version No: 1.3 Name Rank/Role Date Prepared: Andy Simms (5635) 25/2/16 Quality assured: Authorised: Insp Dave Osborne 25/2/16 Approved: 5 Version Control 5.1 Review Date of next scheduled review Date: 26 February 2017 5.2 Version History Version Date Reason for Change Created / Amended by 1.0 28.3.2012 Initial Document Insp La Bouchardiere 1.1 19.2.2014 Review, formatting and grammar Andy Sims (5635) changes only. 1.2 13/11/14 The policy has been reviewed in preparation for NICHE implementation (April 2015), no changes necessary. Policy Co-ordinator (6362) 15
1.3 25/2/16 Fit for purpose review. New docs attached at appendix A and B Andy Simms (5635) 5.3 Related Forms Force Ref. No. Title / Name Version No. Review Date 5.4 Document History Present Portfolio Holder Andrew Sims Present Document Owner Inspector Osborne Present Owning Department Operational & Contingency Planning Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Operational Commanders Board Date Approved: 28 th March 2013 Chief Officer Approving: ACC Template version January 2013 16
Appendix A List of Powers List of Powers Police Reform Act 2002 - Schedule (5) Schedule 5 of the Police Reform Act 2002 has been amended by several subsequent pieces of legislation. The below table is an extract from the Home Office, listing the current powers available for Chief officers who may choose to give accredited persons all, some or none of the below powers. Table 1 lists the powers that chief officers may confer on accredited persons. The following powers are not yet in force: the power to issue fixed penalty notices in relation to offences against certain byelaws (under paragraph (1A)) and the power to require the giving of name and address under paragraph 2 in relation to an offence under a relevant byelaw within the meaning of paragraph 1A. Table 2 lists the offences under Chapter 1 Part 1 of the Criminal Justice and Police Act 2001 for which accredited persons may be accredited with a power to issue a fixed penalty notice for disorder. If a chief officer of police accredits an accredited person with powers under paragraph 1 of Schedule 5 of the Police Reform Act 2002 he or she may choose whether to give the accredited person the power to issue fixed penalty notices for all of the available fixed penalty offences or a selection of them. This list of powers provides only a broad outline of the available powers. For further detail please look at the relevant legislation. If a chief officer of police accredits an accredited person with powers under paragraph 1 of Schedule 5 of the Police Reform Act 2002 he or she may choose whether to give the accredited person the power to issue fixed penalty notices for all of the available fixed penalty offences (below in Table 2) or a selection of them. Table 1 Power 0) To have access to and share information and intelligence with Avon and Somerset Constabulary 1a) Power to issue penalty notices for disorder: Power of a constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) except in respect of an offence under section 12 of the Licensing Act 1872, section 91 of the Criminal Justice Act 1967 section 1 of the Theft Act 1968, section 1(1) of the Criminal Damage Act 1971 and section 87 of the Environmental Protection Act 1990 (See below for a list of penalty notices for disorder that accredited persons can issue) 1b) Power to issue fixed penalty notice in respect of an excluded pupil in a public place: 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) 1c) 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 N/A Relevant legislation Paragraph 1(2)(aa) of Schedule 5 to the Police Reform Act 2002 (inserted by section 89(1) of the Anti-Social Behaviour Act 2003) Paragraph 1(2)(ac) of Schedule 5 to the Police Reform Act 2002 (inserted by inserted by section 107(4) of the Education and Inspections Act 2006). Paragraph 1(2)(a) of Schedule 5 to the Police Reform Act 2002 17
1835 (riding on a footway) committed by cycling. 1d) Power to issue fixed penalty notices for dog fouling: Power of an authorised officer of a local authority to give a notice under section 4 of the Dogs (Fouling of Land) Act 1996 (fixed penalty notices in respect of dog fouling) This power (and the 1996 Act) has now been repealed in relation to England and Wales by section 107 and Schedule 5 Part 5 of the Clean Neighbourhoods and Environment Act 2005. However the power continues to have effect in respect of any land which remains designated land under the 1996 Act. 1e) Power to issue fixed penalty notices for graffiti and fly-posting: Power of an authorised officer of a local authority to give a notice under section 43(1) of the Antisocial Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting) 1f) Power to issue fixed penalty notices for littering: 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) 1g) 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.) 2a) Power to require giving of name and address: Power to require the name and address of a person whom an accredited person has reason to believe has committed a relevant offence (Relevant offences are defined under paragraph 2(3) of Schedule 5 of the Police Reform Act 2002 as relevant fixed penalty offences in relation to which the accredited person is able to give a fixed penalty notice under paragraph 1 of Schedule 5 or an offence that appears to the accredited person to have caused injury, alarm or distress to another person or loss of or damage to another person s property. It also includes an offence under a relevant byelaw within the meaning of paragraph 1A, though this is not yet in force.) It is an offence to fail to comply with an accredited person's requirement. 2b) Power to deal with begging: The Serious Organised Crime and Police Act makes offences under sections 3 and 4 of the Vagrancy Act 1824 into relevant offences, giving accredited persons the power to request the name and address of someone who has committed such an offence 3) Power to require name and address for anti-social behaviour: Power of a constable in uniform under section 50 of the Police Reform Act 2002 to require a person whom he has reason to believe to have been acting, or to be acting, in an anti-social manner to give his name and address. 3A) Power to require name and address for road traffic offences: power of a constable under sections 165(1)(c) and 169 of the Road Traffic Act 1988 to require the name and address where the accredited person has reasonable cause to believe certain offences under that Act have been committed. 4) Power to require persons drinking in designated places to surrender alcohol: Power of a constable under Paragraph 1(2)(b) of Schedule 5 to the Police Reform Act 2002. Paragraph 1(2)(ba) of Schedule 5 to the Police Reform Act 2002 (inserted by section 46(2)(b) of the Anti- Social Behaviour Act 2003) Paragraph 1(2)(c) of Schedule 5 to the Police Reform Act 2002 Paragraph 1(2)(d) of Schedule 5 to the Police Reform Act 2002 (inserted by section 62(3) of the Clean Neighbourhoods and Environment Act 2005) Paragraph 2 of Schedule 5 to the Police Reform Act 2002 Paragraph 2(3)(aa) of Schedule 5 to the Police Reform Act 2002 (see paragraph 18 of Schedule 8 to the Serious Organised Paragraph 3 of Schedule 5 to the Police Reform Act 2002 Paragraph 3A of Schedule 5 to the Police Reform Act 2002 (inserted by paragraph 19 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 4 of Schedule 5 to the Police Reform Act 2002 18
section 12 of the Criminal Justice and Police Act 2001 to require a person whom an accredited person 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 to him. 5) Power to require persons aged under 18 to surrender alcohol: Power of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 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 accredited person has reason to believe that the person is, has been or intends to consume alcohol. Power to dispose of alcohol surrendered to him. 6) Power to seize tobacco from a person aged under 16 and to dispose of that tobacco in a manner directed by the employer of an accredited person. 7) Power to remove abandoned vehicles under regulations made under section 99 of the Road Traffic Regulation Act 1984. 8) Power to stop vehicles for testing: Powers of a constable in uniform to stop vehicles for the purposes of testing under section 67 of the Road Traffic Act 1988. 8a) 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 an accredited person has reason to believe that a person has committed the offence of riding on a footpath. 8b) Power to control traffic for purposes other than escorting a load of exceptional dimensions: The Serious Organised Crime and Police Act 2005 enables accredited persons to be given 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 accredited persons the power to direct traffic for the purposes of conducting a traffic survey. Accredited persons conferred with powers under this paragraph must also be given powers under paragraph 3A of Schedule 5 to the Police Reform Act. 9) Power to direct traffic for the purposes of escorting abnormal loads 9ZA) Power to photograph persons away from a police station: The Serious Organised Crime and Police Act 2005 enables accredited persons to be given the power to photograph a person who has been given a penalty notice away from the police station. Paragraph 5 of Schedule 5 to the Police Reform Act 2002 Paragraph 6 of Schedule 5 to the Police Reform Act 2002 Paragraph 7 of Schedule 5 to the Police Reform Act 2002. Paragraph 8 of Schedule 5 to the Police Reform Act 2002. Paragraph 8A of Schedule 5 to the Police Reform Act 2002 (inserted by section 89(6) of the Anti-Social Behaviour Act 2003) Paragraph 8B of Schedule 5 to the Police Reform Act 2002 (inserted by paragraph 20 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 9 of Schedule 5 to the Police Reform Act 2002 Paragraph 9ZA of Schedule 5 to the Police Reform Act 2002 (inserted by paragraph 21 of Schedule 8 to the Serious Organised Crime and Police Act 2005). 19
Table 2 Offences for which Accredited Persons may issue penalty notices for disorder under Chapter 1 Part 1 of the Criminal Justice and Police Act 2001 DA18) Sale of alcohol to children DA19) Purchase of alcohol by or on behalf of children. DA21) Delivery of alcohol to children or allowing such delivery. DA13) Breach of fireworks curfew DA14) Possession of a category 4 firework DA01) Wasting police time, giving false report Relevant legislation s146 of the Licensing Act 2003 S149 of the Licensing Act 2003 s151 of the Licensing Act 2003 Fireworks Regulations 2004 under s11 of the Fireworks Act 2003 Fireworks Regulations 2004 under s11 of the Fireworks Act 2003 s5 of the Criminal Law Act 1967 DA02) Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety DA03) Knowingly giving false alarm of fire s127(2) of the Communications Act 2003 s49 of the Fire and Rescue Services Act 2004 DA04) Causing harassment, alarm or distress s5 of the Public Order Act 1986 DA05) Throwing fireworks s80 of the Explosives Act 1875 DB13) Consumption of alcohol by children or allowing such consumption s150 of the Licensing Act 2003 DA16) Sale of alcohol to a person who is drunk s141 of the Licensing Act 2003 DB03) Trespassing on a railway s55 of the British Transport Commission Act 1949 DB04) Throwing stones at a train or other things on railways s56 of the British Transport Commission Act 1949 DB07) Drinking in a designated public area s12 of the Criminal Justice and Police Act 2001 20
APPENDIX B COMMUNITY SAFETY ACCREDITATION SCHEME SOUTH WEST REGION (TRAFFIC) PROTOCOLS AND PROCEDURES Refer to Force Document Library for a copy of this document. 21