Police Community Support Officers

Police Community Support Officers Standard Note: SN/HA/2718 Last updated: 16 May 2012 Author: Pat Strickland and Jacqueline Beard Section Home Affairs Section Community Support Officers (CSOs), more commonly known as Police Community Support Officers (PCSOs) are uniformed civilians, employed by the police authority, under the control of the Chief Officer of Police. They were introduced by provisions in the. Recently there has been controversy over the appropriate use of PCSOs prompted by reports that the South Yorkshire Police Authority was considering an initiative where PCSOs should become the "first line of contact" for the public. PCSOs currently have 20 standard powers and a range of discretionary additional powers which may be granted by the local chief constable should he or she believe that they are required. The Government said in answer to a parliamentary question in June 2011 that it has no current plans to extend these powers. PCSOs are currently funded partly through Government grant to police authorities and partly through match funding from other organisations. The Neighbourhood Policing Fund grant will continue until 2013-14, when directly elected Police and Crime Commissioners will be in place. At the end of September 2011 there were 15,469 FTE PCSOs, an annual decrease of 5.5%. The decreases in 2011 are the first since PCSOs were established. By March 2015, Her Majesty s Inspectorate of Constabulary estimates that PCSO strength will have fallen to approximately 15,000. This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required. This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. Authors are available to discuss the content of this briefing with Members and their staff, but not with the general public. 1

Contents 1 Background 2 2 Role 2 3 Powers 3 4 Funding 4 5 Numbers and reductions 5 6 Evaluation 5 1 Background Community Support Officers (CSOs), more commonly known as Police Community Support Officers (PCSOs) are uniformed civilians, employed by the police authority, under the control of the Chief Officer of Police. They were introduced by provisions in the. Most of the provisions granting PCSOs powers came into force in December. Recently there has been controversy over the appropriate use of PCSOs prompted by reports that the South Yorkshire Police Authority was considering an initiative where PCSOs should become the "first line of contact" for the public. 1 The Police Federation and David Blunkett have both been critical of plans they believe will extend the role of PCSOs and reduce that of police officers. 2 PCSOs have to be distinguished from Special Constables; the latter are volunteers who spend a few hours a week helping their local police force. Unlike PCSOs, Special Constables are fully sworn police constables and have full police powers. Further details are in a separate Standard Note. 3 2 Role PCSOs are intended to deal with low level crime and nuisance behaviour. The 2001 White Paper Policing A New Century: A Blueprint for Reform explained how the Government foresaw their role: Front line policing can be strengthened by enhancing the role of police support staff, and by giving them new powers which will allow them to take over tasks currently carried out by police officers for example in custody suites. Other support staff ( Community Support Officers ) will be empowered to carry out basic 1 2 3 See, for example, South Yorkshire PCSOs could get bigger front-line policing role, BBC News, 12 April 2012 and Police chief offers PCSO assurance, The Independent, 13 April 2012 David Blunkett criticises extended role for police community support officers, The Guardian, 12 April 2012 Special Constables (SN/HA/1154) 2

patrol functions. They will provide a visible presence in the community with powers sufficient to deal with anti-social behaviour and minor disorder. 4 The Association of Chief Police Officers (ACPO) has stated its position on the role of PCSOs: The fundamental role of the PCSO is to contribute to the policing of neighbourhoods, primarily through highly visible patrol with the purpose of reassuring the public, increasing orderliness in public places and being accessible to communities and partner agencies working at local level. The emphasis of this role, and the powers required to fulfil it, will vary from neighbourhood to neighbourhood and force to force. 5 The Metropolitan Police describes the role of PCSOs as providing a visible presence and engaging with communities: Police Community Support Officers (PCSOs) are helping to reduce crime and anti-social behaviour across London. They are making people feel safer in their homes and within their communities; closing the gap between the reality and the fear of crime. PCSOs are not police officers; they are civilian members of police staff. They work alongside their police officer colleagues to provide a highly visible, accessible and familiar presence on the capital s streets. PCSOs engage with London s communities, building bridges with the public. They are trained problem solvers, a reassuring presence and a deterrent against crime. They also support front line policing in non-confrontation roles, maintain order in public places, address low-level anti-social behaviour and tackle youth-disorder. 6 3 Powers PCSOs currently have 20 standard powers and a range of discretionary additional powers which may be granted by the local chief constable should he or she believe that they are required. Initially all powers granted to PCSOs were fully within the Chief Constable s discretion and were contained in Part 1 of. The standard powers were introduced in the (Standard Powers and Duties of Community Support Officers) Order 2007 (SI 2007/3202) which came into force on 1 December 2007. The remaining powers contained in Part 1 of Schedule 4 are granted at the discretion of chief officers. 7 An updated list of standard and discretionary powers, provided by the Home Office in April 2012, can be found at Appendix 1 of this document. 4 5 6 7 Policing A New Century: A Blueprint for Reform (Cm 5326) Home Office December 2001, p11 Association of Chief Police Officers, Guidance on Police Community Support Officers, September 2007 www.met.police.uk/pcso/index.htm (accessed 24 April 2012) Home Office circular 033 / 2007 Standard powers and duties of police community support officers (PCSOs) 3

The Government said in answer to a parliamentary question in June 2011 that it has no current plans to extend these powers. 8 4 Funding When PCSOs were first introduced, the Home Office said that the Government would, through the new Neighbourhood Policing Fund, meet 100% of the costs (up to a ceiling) for the first year of recruitment and thereafter would meet 75%. 9 PCSOs are currently funded partly through Government grant to police authorities and partly through match funding from other organisations. On 8 December 2011, a Written Ministerial Statement from the Home Office set out proposals for the amount of grant to police authorities in England and Wales for 2012-13. The statement included the following on the Neighbourhood Policing Fund and PCSOs: The neighbourhood policing fund specific grant will continue until 2013-14, when directly elected police and crime commissioners will be in place. Funding totalling 338 million in 2012-13 win be made available. Approximately 90% of the grant will be ring-fenced for police and community support officers (PCSOs) contributing up to 75% of their salary costs. The remaining 25% will need to be match-funded by the police, councils, businesses and other organisations. This does not apply to the Metropolitan Police Authority/Mayor s Office for Policing and Crime which has had full discretion on the spending of this funding from 2011-12. From 2013-14 this fund will be consolidated into police main grant. 10 The funding proposals were later confirmed in a Written Ministerial Statement on 31 January 2012. 11 There has been some criticism of the removal of the specific grant for PCSOs. A Police Review article in December 2010 responded to a previous Written Statement which announced the change: Ending the dedicated grant for community support officers and placing their future in the hands of elected police and crime commissioners could see their numbers 'decimated', their national representative has warned. Ben Priestley, national officer for police staff at the trades union Unison, told Police Review that the decision to stop providing a protected fund to pay for 16,000 CSOs in England and Wales in two years' time could see the cash used instead to plug gaps in police budgets. Announcing the grant settlements for police authorities this week, Nick Herbert, police minister, pledged to continue ring-fencing the neighbourhood policing fund until 2012/13. Ninety per cent of this pays for 75 per cent of CSO salaries. 8 9 10 11 HC Deb 20 June 2011 c7w Home Office, Neighbourhood Policing; Your police; your community; our commitment, March 2005 HC Deb 8 Dec 2011 c52ws HC Deb 31 Jan 2012 c53ws 4

But he added that, after the introduction of police and crime commissioners, from 2013/14 the money would go into the police main grant, meaning it is no longer protected. Mr Priestley said: 'One of the concerns, I think, that has been levelled at police and crime commissioners is that it is possible that you might have a commissioner from a particular background whose view was that CSOs should be replaced by fully warranted officers, and that could easily be a campaign pledge. So we do have concerns whether they will make the right decision. 'The government is aware that taking the ring-fence off now would be disastrous and neighbourhood policing would be decimated. 12 There have been recent reports of local councils considering reducing or removing their contributions to the funding of PCSOs, citing reductions in Government grants to local authorities. 13 5 Numbers and reductions At the end of September 2011 there were 15,469 FTE PCSOs, an annual decrease of 5.5%. The decreases in 2011 are the first since PCSOs were established. By March 2015, Her Majesty s Inspectorate of Constabulary estimates that PCSO strength will have fallen to approximately 15,000. 14 Of the PCSOs employed in March 2011 46% were female and 11% were from a minority ethnic group. One-quarter of the PCSOs are based in the Metropolitan police force area alone. 15 6 Evaluation A national evaluation of PCSOs was published by the Home Office in January 2006 which found that they were generally well regarded: The evaluation showed that CSOs were providing a service that was highly valued by the public, businesses and police officers. They were more of a visible and familiar presence than police officers, who had other demands on their time. The accessibility and approachability of CSOs meant that the public were more likely to pass on information to CSOs that they may have felt was too trivial for a police officer. The public appreciated the CSOs role in engaging with young people and dealing with ASB. The diversity of CSOs, particularly in terms of ethnicity and age, has been one of the successes of the implementation of the role. There is evidence that CSOs have the potential to be, and have been, successful in many neighbourhoods. They have carried out high visibility patrol that has led 12 13 14 15 Max Blain, Slashed budgets about as bad as it gets, Jane s Police Review, 16 December 2010 See, for example, Leicestershire County Council proposes PCSO funding cut, BBC News, 12 February 2012 and Northamptonshire PCSO cuts plan to save 500,000, BBC News, November 2011 Her Majesty s Inspectorate of Constabulary, Adapting to Austerity, July 2011, p14 Library Standard Note Police Service Strength (SN00634) 5

to greater levels of reassurance amongst the public, the tackling of youth disorder and more contact and engagement with the community. 16 However, the evaluation did highlight some aspects of their deployment which needed further consideration, including turnover, supervision and training. In July 2008, the National Police Improvement Agency published a review of the Neighbourhood Policing Programme. The introduction explained the purpose of the review as follows:...pcsos and Neighbourhood Policing are generally viewed as a success story but there has been significant negative press coverage generally highlighting the different approaches taken by forces in the role, powers, training, supervision and uniforms provided. There is a concern that these factors have contributed to confusion and misunderstanding by the public on the role of PCSOs. The combined effects of adverse media attention and the variance in roles across forces has the potential to undermine the implementation of Neighbourhood Policing and lessen the positive local impact of PCSOs in terms of reassuring communities at a time when crime is falling and confidence in policing has been rising. Therefore, the Association of Chief Police Officers, The Home Office and the Association of Police Authorities asked the NPIA (Neighbourhood Policing Programme Team) to conduct a review of the current ACPO guidance for PCSOs with a view to addressing the concerns raised. 17 The Home Affairs Committee published a report on Policing in the 21 st Century in November 2008. This included a section on PCSOs, parts of which are reproduced below: (...) 327. Much of the media coverage of PCSOs has been negative, giving an impression of PCSOs as second-rate police officers or plastic policemen and focusing on a few occasions where individual PCSOs have been seen as failing to fulfil their duties. However, the East Midlands collaboration told us this does not correctly reflect public reaction to PCSOs: PCSOs contribute significantly, interacting with the community and meeting public demand for visible policing. They receive high public acclaim and are responsible for positive public feedback, contributing to increased public satisfaction. 331. The Police Federation has been very critical of PCSOs in the past. Their current Chairman, Paul McKeever, admitted that many Federation members now cite successful team-working with PCSOs, although the Federation would still like to see fully warranted officers rather than Community Support Officers. Their General Secretary, Ian Rennie, added that PCSOs were introduced for really 16 17 Home Office, A national evaluation of Community Support Officers, Home Office Research Study 297, 2006, pp xi-xii National Police Improvement Agency, Neighbourhood Policing Programme: PCSO Review, July 2008. p5 6

good reasons: a high-profile, public reassurance out in the communities the eyes and ears of the police, but he warned against giving PCSOs powers to deal with confrontational situations: I think it is important that that role is controlled and it does not stray into the use of police powers, otherwise all you are introducing is another tier of policing. 332. Chief Constable Sir Norman Bettison also argued against increasing PCSO powers: PCSOs do a different job to police officers. Police officers are traditionally a visible, accessible, familiar presence on the streets of the United Kingdom. What has happened in the recent years is that as they have been drawn in to deal with the greater amount of paperwork and the greater demands of the criminal justice system, et cetera, we put them out; they are out there for 10 minutes, they make an arrest and then they are in the station for the rest of their shift. PCSOs do something unique. They wear the uniform of the local constabulary and walk the beat of a dedicated area day-in and day-out, thus restoring that visibility and familiarity. PCSOs should not be given any more powers than are commensurate with that role. Giving them additional powers that take them off the street would be throwing the baby out with the bathwater. 333. The Mayor of London, on the other hand, supported a cautious extension: I do think it would be a good thing if PCSOs did have greater powers. Unfortunately, it is not possible to give them powers of arrest without effectively removing the distinction between them and the warranted officers. What we have done is give them greater powers to issue fixed penalty notices for minor offences of one kind or another nuisance parking and that kind of thing. That has moved a small step in the direction I would think. There is a genuine difficulty in that the more you beef up the PCSOs, the more you run the risk of eroding the distinction between them and the warranted officer. 334. The Police Federation noted that a lot of criminals are aware of the fact that PCSOs do not have full powers, and take advantage of this. There have been reports of PCSOs been ordered to withdraw for their own safety after confrontations, for example in Biggin Hill in Kent. The Home Office will be evaluating the standard and discretionary list of powers by the end of 2008. In its recent Green Paper, the Government set out its view that the most valuable contribution to policing made by PCSOs is high visibility patrol, reassurance, community engagement and problem solving, while within the police workforce only holders of the Office of Constable should have wide-ranging coercive powers applicable in the community at large. The Home Secretary has since announced her view that all police community support officers should be given powers which would allow them to be able to detain suspects until a police officer arrives. 335. In our report on Police Funding, we expressed concern that substantial numbers of PCSOs were being deployed inside police stations rather than on front-line duties, as the intended purpose of PCSOs was to provide a more visible public policing presence. We welcomed undertakings by the Government and the Police Federation to commission research into how PCSOs are used and 7

recommended this research be commissioned as a matter of priority. During this inquiry we were told that 75% of PCSO time was spent on the beat. Sir Ronnie Flanagan was confident that PCSOs would not be drawn back into stations to cover bureaucracy. However, a study by Kent Police found that one of the reasons PCSOs have had less of an impact than expected is that they spend twothirds of their time filling in forms. The Committee concluded: 337. We agree that the primary role of PCSOs should be to provide a visible presence, act as the eyes and ears of the police service and facilitate community engagement exercises undertaken to inform local priority-setting. However, we support a cautious extension of their powers so that all PCSOs are awarded powers that are currently at the discretion of Chief Constables. Moreover, the Home Office should consider piloting the provision of a warrant card to allow PCSOs to make arrests in exceptional circumstances, where lives are in danger. We understand that this will require more rigorous training and supervision. PCSOs should not undertake any more than the bare minimum of bureaucracy necessary to the role and should not be based in police stations. 338. The public needs to be made better aware about the role of PCSOs. We believe that, in addition to standard powers, PCSOs across the country should wear the same uniform, as the current disparity is confusing to the public. We hope that PCSOs are now accepted as full members of the policing family. 8

Appendix 1 - List of Standard Powers Power 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 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). 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 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 in paragraph 2(6) of Schedule 4 of the 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 various specified offences 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 require name and address for anti-social behaviour: Power of a constable in uniform under section 50 of the Police Reform Act 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. Paragraph 3(2) of Schedule 4 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 a PCSO has been designated with the power of detention under paragraph 2 of Schedule 4. Power to require name and address for road traffic offences: Enables 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 Relevant legislation Paragraph 1(2)(b) of Police Reform Act Paragraph 1(2)(d) of Police Reform Act Paragraph 1(2)(e) of Police Reform Act (see section 62(2) of the Clean Neighbourhoods and Environment Act 2005). Paragraph 1A of Schedule 4 to the paragraph 2 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 3 of Schedule 4 to the (as amended by paragraph 5 of Schedule 8 to the Serious Organised Crime and Police Act 2005) Paragraph 3A of Schedule 4 to the paragraph 6 of Schedule 8 9

sections 35 or 37 of the Road Traffic Act 1988. to the Serious Organised Crime and Police Act 2005). 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: Enables PCSOs to be designated with a power seize unconcealed drugs or drugs found when searching for alcohol, tobacco or other items if the PCSO reasonably believes the person is in unlawful possession of them. The PCSO 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 believe such possession is unlawful then the PCSO may require that persons name and address. Power to enter and search any premises for the purposes of saving life and limb or preventing serious damage to property. 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. Paragraph 5 of Schedule 4 to the Paragraph 6 of Schedule 4 to the Paragraph 7 of Schedule 4 to the Paragraphs 7B of Schedule 4 to the paragraph 8 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 8 of Schedule 4 to the Paragraph 9 of Schedule 4 to the 10

Power to remove abandoned vehicles under regulations made under section 99 of the Road Traffic Regulation Act 1984. A PCSO designated under this paragraph has the power to order the removal of a vehicle under regulation 3 of the Removal and Disposal of Vehicles Regulations 1986. This relates to vehicles that have broken down or been permitted to remain at rest on a road: (a) in a position, condition or situation causing obstruction or danger to persons using the road, or (b) in contravention of a prohibition contained in Schedule 1 of the regulations. 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 PCSO has reason to believe that a person has committed the offence of riding 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 PCSOs 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 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 place signs: 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 enforce cordoned areas: under section 36 of the Terrorism Act 2000 Power to stop and search in authorised areas: Powers under the Terrorism Act 2000 in authorised areas to stop and search vehicles and pedestrians when in the company and under the supervision of a constable. Power to photograph persons away from a police station: 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. Paragraph 10 of Schedule 4 to the. Paragraph 11A of Schedule 4 to the section 89(3) of the Anti-Social Behaviour Act 2003) Paragraph 11B of Schedule 4 to the paragraph 10 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 13 of Schedule 4 to the Paragraph 13A of Schedule 4 to the paragraph 11 of the Serious Organised Crime and Police Act 2005.) Paragraph 14 of Schedule 4 to the Paragraph 15 of Schedule 4 to the Paragraph 15ZA of Police Reform Act (inserted by paragraph 12 of Schedule 8 to the Serious Organised Crime and Police Act 2005). 11

Appendix 2 - List of discretionary powers that can be designated by chief officers Power Power to issue penalty notices in respect of offences of disorder: Power of a constable in uniform 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) (See Annex C for a list of the offences for which PCSOs can be designated with the power to issue penalty notices for disorder). Power to issue fixed penalty notices for truancy: 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) Power to issue fixed penalty notices for excluded pupil found in a public place: 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). 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. Power to issue fixed penalty notices for graffiti and flyposting: 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 fly-posting). Power to issue fixed penalty notice for relevant byelaw offence: Power of an authorised officer of an authority which has made a byelaw to which this section applies has reason Relevant legislation Paragraph 1(2)(a) of Paragraph 1(2)(aa) of section 23 of the Anti- Social Behaviour Act 2003) Paragraph 1(2)(ab) of section 107(2) of the Education and Inspections Act 2006) Paragraph 1(2)(c) of repealed, but saving provision made in article 10 of SI 2006/2797. Paragraph 1(2)(ca) of section 46 of the Anti- Social Behaviour Act 2003) Paragraph 1ZA of 12

to believe that a person has committed an offence against the byelaw. Power to detain: Power to detain a person whom a PCSO has reason to believe has committed a relevant offence who fails to comply with a requirement under paragraph 1A(3) to give name and address or who gives an answer which the PCSO reasonably suspects to be false or inaccurate 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). Under paragraph 2(2) (as amended by Schedule 8 to the Serious Organised Crime and Police Act 2005) a PCSO may only be designated with the power to detain if they have also been designated with the power to require name and address under paragraph 1A of the Police Reform Act. Power to enforce byelaws: The Serious Organised Crime and Police Act 2005 provides that offences committed under relevant byelaws are relevant offences under paragraph 2(6) of Schedule 4 of the. A relevant byelaw is a byelaw from a list of byelaws that has been agreed between a chief constable and a relevant byelawmaking body. As well as being able to require name and address for breach of a byelaw, PCSOs can also enforce a byelaw by removing a person from a place if a constable would also have the power to enforce a byelaw in that way. Power to deal with begging: The Serious Organised Crime and Police Act 2005 makes offences under sections 3 and 4 of the Vagrancy Act 1824 into relevant offences. It also gives PCSOs a power to detain a person who they have required to stop committing an offence under sections 3 and 4 of the Vagrancy Act and who has failed to comply with the requirement. Power to enforce certain licensing offences: The Serious Organised Crime and Police Act 2005 establishes a set of relevant licensing offences. These offences are sale of alcohol to a person who is drunk, obtaining alcohol for a person who is drunk, sale of alcohol to children, purchase of alcohol by or on behalf of children, consumption of alcohol by children and sending a child to obtain alcohol. Where these offences apply specifically to clubs they are not relevant licensing offences. PCSOs may require name and address but may not detain for those relevant licensing offences that are most likely to be committed by license holders. section 133 of the Local Government and Public Involvement in Health Act 2007 ) Paragraph 2(3) of. (Paragraph 3(3) of Schedule 8 to the Serious Organised Crime and Police Act 2005.) Paragraphs 2(3A), 2(6)(ad), 2(6B), 2(6C), 2(6D), 2(6E), 2(6F) of (see paragraphs 2 and 3 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraphs 2(6)(ac) and 2(3B) of Schedule 4 to the Police Reform Act (see paragraphs 3(4), 3(5), 3(6) and 3(7) of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 2(6A) of (see paragraphs 3(3) and 3(8) of Schedule 8 to the Serious Organised Crime and Police Act 2005). 13

Power to search detained persons for dangerous items or items that could be used to assist escape: Enables PCSOs to be designated with the same powers as a constable under section 32 of PACE to search detained persons for anything that could be used to cause physical injury or to assist escape. A PCSO must comply with a police officer s instructions on what to do with the item. Power to use reasonable force to prevent a detained person making off: either when waiting for the arrival of a constable or when accompanying a detained person to a police station. Power to disperse groups and remove persons under 16 to their place of residence: Powers which, by virtue of an authorisation under section 30 of the Anti-social Behaviour Act 2003, are conferred on a constable in uniform by section 30(3) to (6) of that Act (power to disperse groups and remove persons under 16 to their place of residence). Power to remove truants to designated premises etc: Enables a PCSO to be designated with the power of a constable under section 16(3)of (3ZA) of the Crime and Disorder Act 1998 to remove a truant or excluded pupil found in a specified area (as specified in a direction under section 16(2) of the 1998 Act) to designated premises or (in the case of a truant) to the school from which the truant is absent. Power to use reasonable force in relation to detained persons: Paragraph 2(4A) of Police Reform Act places a duty on PCSOs to remain with a police officer when transferring a detained person to his or her custody until the police officer has control of the detained person. Paragraph 2(4B) places a PCSO accompanying a detained person to a police station under a duty to remain at the police station until he has transferred control of the detained person. If a PCSO is designated with paragraph 4ZB of Schedule 4 then he or she may use reasonable force in complying with duties under 2(4A) and 2(4B). If a PCSO is designated with paragraph 4ZA then he or she may use reasonable force when exercising powers under paragraphs 2(3B), 2(4), 7A(8) or 7C(2)(a). Paragraph 2A of paragraph 4 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 4 of Paragraph 4A of section 33 of the Anti- Social Behaviour 2003) Paragraph 4C of section 8 of the Police and Justice Act 2006) Paragraphs 2(4A), 2(4B), 4ZA and 4ZB of (see paragraphs 2, 3 and 4 of Schedule 9 to the Serious Organised Crime and Police Act 2005). 14

Power to search for alcohol and tobacco: Where a person has failed to comply with a requirement under paragraph 5 or 6 or has failed to allow a PCSO to seize tobacco under paragraph 7 of and a PCSO reasonably believes that the person is in possession of alcohol or tobacco then a PCSO may search them for it and dispose of anything found. It is an offence to fail to consent to be searched and PCSOs can require name and address for this offence. Provision inserted by paragraph 3(10) of Schedule 8 to the Serious Organised Crime and Police Act 2005 requires that a PCSO may only detain a person for failure to give an adequate name and address if he or she has been designated with powers under paragraph 2 of. Power to seize drugs and require name and address for possession of drugs: Builds on the standard power to seize drugs and require name and address under paragraph 7B and enables PCSOs to detain a person on failure to comply with the requirement to provide name and address. See list of standard powers. Power to enforce Park Trading offences: Enables a PCSO to seize non-perishable items from a person the PCSO reasonably have been used in the commission of a park trading offence under the Royal Parks (Trading) Act 2000. Paragraph 7A of paragraph 8 of Schedule 8 of the Serious Organised Crime and Police Act 2005). Paragraph 7C of paragraph 8 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 7D of Limited power to enter licensed premises: Enables PCSOs to be designated with a power to enter licensed premises under section 180 of the Licensing Act 2003 for the purposes of investigating relevant licensing offences. They may not enter clubs and must enter all premises with a constable unless the premises are licensed for the sale of alcohol off the premises. 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. Power to direct traffic for the purposes of escorting abnormal loads Power to serve closure notice for licensed premises persistently selling to children Paragraph 8A of paragraph 9 of Schedule 8 to the Serious Organised Crime and Police Act 2005). Paragraph 11 of. Paragraph 12 of Paragraph 5A of 15

16 (as inserted by section 24(6) of the Violent Crime Reduction Act 2006).

Appendix 3 - List of penalty notices for disorder that can be designated by chief officers under paragraph 1(2)(a) of (see Annex B) Offences for which PCSOs may issue penalty notices for disorder under Chapter 1 Part 1 of the Criminal Justice and Police Act 2001 Relevant legislation Trespassing on a railway Throwing stones /matter at trains or other things on railways Persistently using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety Destroying or damaging property (under 500) Drunk and disorderly behaviour in a public place Drinking in a designated public area s55 (1)of the British Transport Commission Act 1949 s56 of the British Transport Commission Act 1949 s127(2) of the Communications Act 2003 s1(1) of the Criminal Damage Act 1971 s91 of the Criminal Justice Act 1967 s12 of the Criminal Justice and Police Act 2001 Wasting police time, giving false report s5 of the Criminal Law Act 1967 Breach of fireworks curfew Fireworks Regulations 2004 under s11 (r7) of the Fireworks Act 2003 Possession of a category 4 firework Fireworks Regulations 2004 under s11 of the Fireworks Act 2003 Possession by a person under 18 of an adult firework Fireworks Regulations 2004 under s11 of the Fireworks Act 2003 Knowingly giving false alarm to a person acting s49 of the Fire and Rescue on behalf of a fire and rescue authority Services Act 2004 Sells or attempts to sell alcohol to a person who s141 of the Licensing Act 2003 is drunk Sale of alcohol anywhere to a person under 18 s146(1) of the Licensing Act 2003 Supply of alcohol by or on behalf of a club to a s146(3) of the Licensing Act person aged under 18 2003 Buying or attempting to buy alcohol by a person s149(1) of the Licensing Act under 18 2003 Buys or attempts to buy alcohol on behalf of a s149(3) of the Licensing Act person under 18 2003 Buys/attempts to buy alcohol for consumption on s149(4) of the Licensing Act premises by a person under 18 2003 Consumption of alcohol by a person under 18 on S150 (1) of the Licensing Act relevant premises 2003 Allowing consumption of alcohol by a person S150 (2) of the Licensing Act under 18 on relevant premises 2003 Delivery of alcohol to a person under 18 or s151 of the Licensing Act 2003 allowing such delivery Drunk in the highway, other public place or s12 of the Licensing Act 1872 17

licensed premises Possession of a controlled drug of Class B s. 5(2) Misuse of Drugs Act cannabis or cannabis resin 1971 Causing harassment, alarm or distress s5 of the Public Order Act 1986 18