Powers of PCSOs in Cambridgeshire

The request was partially successful.

Richard Taylor

I would like to request details of the powers given by the Chief Constable to PCSOs in Cambridgeshire.

I anticipate the response to my request will include:

i/ The content of all current "designation cards" issued to PCSOs in Cambridgeshire.

ii/ Details of all local authority fixed penalty notices which PCSOs in Cambridgeshire issue, along with information on which geographical areas these powers cover.

iii/ Details of all local Cambridgeshire Police fixed penalty notices which PCSOs in Cambridgeshire issue, along with information on which geographical areas these powers cover.

iv/ Information on the powers of PCSOs with varying experience and "qualifications", for example additional powers, if any, given to "Traffic" PCSOs.

v/ Information on the circumstances where a Cambridgeshire PCSO has the power to require a person’s name and address.

I would like to suggest this information is made available, and kept up to date, on the police website.

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

Cambridgeshire Constabulary

Dear Mr Taylor

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0359/2008

We acknowledge receipt of your Freedom of Information (FOI) request which
was received by Cambridgeshire Constabulary on 22nd July 2008.

Your request will now be considered in accordance with the Freedom of
Information Act 2000. You will receive a response within the statutory
timescale of twenty working days as defined by the Act. In some
circumstances, we may be unable to achieve this deadline. If this is the
case, you will be informed and given a revised time-scale at the earliest
opportunity.

If we require any further clarification regarding this request, you will be
notified.

We would advise you that the nature of certain requests may involve payment
of a fee. If this is the case, you will be notified.

Should you have any further enquiries concerning this matter, please
telephone on 0845 456 456 4 extension 2396 or email [Cambridgeshire Constabulary request email]

Regards

David Price
Information Access Office
Cambridgeshire Constabulary

Cambridgeshire Constabulary

1 Attachment

Dear Richard

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0359/08

I write in connection with your request for information which was received
by Cambridgeshire Constabulary on 22/07/08

I regret to inform you that Cambridgeshire Constabulary have not been able
to complete its response to your request by the date originally stated.

I now advise you that the amended date for a response is 24/09/08. I can
assure you that every effort will be made to ensure an appropriate response
will be made within this new timescale.

Your attention is drawn to the attached sheet which details your right of
complaint.

(See attached file: Complaint Rights.pdf)

May I apologise for any inconvenience caused. Should you wish to discuss
this matter please write or contact the Information Access Office on
telephone number 08454564564 Ext 2396 quoting the reference number above.

Yours sincerely

Kathleen Love
Information Access Office
Cambridgeshire Constabulary

show quoted sections

I note that the statutory timescale of twenty working days as defined by the Freedom of Information Act 2000 has now been exceeded.

I am not happy that Cambridgeshire Police propose to take around two months to release what I believe should be easily and rapidly accessible information. I have not been given an explanation for the delay.

I am aware the information I am requesting namely: "the powers given by the Chief Constable to PCSOs in Cambridgeshire" may be changing during the time it is taking Cambridgeshire Police to respond to my request. I am concerned that when I do get a response it may be out of date. While I do not wish to amend or clarify my request in any way, I hope you will be able to negate this concern when the information I am seeking is released.

As I am unhappy with the way my request has been handled, I would like to request a review. I look forward to a response within seven days as promised in the "Complaint Rights" document you attached.

If you release the information I requested within the next seven days I will withdraw my request for a review.

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

Cambridgeshire Constabulary

Dear Richard

Due to the amount of requests which have been received I have only just
been allocated your request.

I have contacted the department who would hold the information you require,
unfortunately their systems are being upgraded and they are therefore
unable to extract information before Monday 1st September. I anticipate I
will have a response to you by the 10th September.

In order for me to progress with this request, please could you provide
this office with further information, as to what you mean by "details"
relating to question 4.

Question 4. Details of all local Cambridgeshire Police fixed penalty
notices which PCSOs in Cambridgeshire issue, along with information on
which geographical areas these powers cover.

If we do not hear from you we will assume that you are happy with this
response and do not wish to continue with a review. If you wish to discuss
this my contact telephone number is 0845 456 456 4 ext 2270.

Yours sincerely
Donna Anderson
Information Access Office


Richard Taylor
<request-1286-1897d083@whatdoth To: [Cambridgeshire Constabulary request email]
eyknow.com> cc:
Subject: Freedom of Information request - Powers of PCSOs
22/08/2008 15:48 in Cambridgeshire

I note that the statutory timescale of twenty working days as
defined by the Freedom of Information Act 2000 has now been
exceeded.

I am not happy that Cambridgeshire Police propose to take around
two months to release what I believe should be easily and rapidly
accessible information. I have not been given an explanation for
the delay.

I am aware the information I am requesting namely: "the powers
given by the Chief Constable to PCSOs in Cambridgeshire" may be
changing during the time it is taking Cambridgeshire Police to
respond to my request. I am concerned that when I do get a response
it may be out of date. While I do not wish to amend or clarify my
request in any way, I hope you will be able to negate this concern
when the information I am seeking is released.

As I am unhappy with the way my request has been handled, I would
like to request a review. I look forward to a response within seven
days as promised in the "Complaint Rights" document you attached.

If you release the information I requested within the next seven
days I will withdraw my request for a review.

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

show quoted sections

I do not accept that my request requires clarification. I have simply asked that: "details of the powers given by the Chief Constable to PCSOs in Cambridgeshire" be released. I have noted my expectation that the information released will include details of both police and local authority fixed penalty notices(FPNs). I am concerned that you may be trying to reset the statutory twenty working day limit for responding to my request by seeking clarification at this stage. I am however prepared to expand on my expectations:

I would expect such details to include a statement describing the power, with reference to the relevant Act(s), for example:
"Power to issue FPN for cycling on pavement: Power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 in respect of an offence under section 72 of the Highway Act 1835 (riding on a footway) committed by cycling."

I would also anticipate the value of the penalty (and who sets that value) along with information on any reduction for early payment to be released. Additionally I would expect details of any special schemes to cancel notices, for example the publicised scheme to cancel notices for cycling without lights if evidence someone has obtained lights is provided . Any policy on how the powers are used, for example if they are not used against those under a certain age and information on where the money raised goes would be of interest as would information on who administers the notices. If the FPNs are only issued in specific geographical areas, or by certain groups of PCSOs I believe that would be relevant to my request.

I think it is obvious that this is the kind of information which amounts to "details" of FPNs issued by PCSOs; this is the kind of information which has been made available by many other forces. I am simply looking for the basic details required to understand what the powers of PCSOs in Cambridgeshire are in practice. I believe my original request does not imply that I am seeking statistics and I am happy to confirm that.

I am not currently minded to withdraw my request for a review.

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

Richard Taylor left an annotation ()

Further background information on this request is available on my website at
http://www.rtaylor.co.uk/foi-request-pow...

Cambridgeshire Constabulary

1 Attachment

Dear Richard

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0359/08

In reply to your request for information under the Freedom of Information
Act 2000, received 22nd July 2008.

The Freedom of Information Act 2000 (The Act) requires us to handle all
requests in a manner that is blind to the identity of the requestor. Any
information released in response to a request is regarded as being
published, and therefore in the public domain without caveat.

Request

I would like to request details of the powers given by the Chief
Constable to PCSOs in Cambridgeshire.

I anticipate the response to my request will include:

i/ The content of all current "designation cards" issued to PCSOs
in Cambridgeshire.

ii/ Details of all local authority fixed penalty notices which
PCSOs in Cambridgeshire issue, along with information on which
geographical areas these powers cover.

iii/ Details of all local Cambridgeshire Police fixed penalty
notices which PCSOs in Cambridgeshire issue, along with information
on which geographical areas these powers cover.

iv/ Information on the powers of PCSOs with varying experience and
"qualifications", for example additional powers, if any, given to
"Traffic" PCSOs.

v/ Information on the circumstances where a Cambridgeshire PCSO has
the power to require a person’s name and address.

We have completed all searches within Cambridgeshire Constabulary and
hereby enclose your response.

Response

Question i Powers cards are issued to each PCSO. A member of the public
may demand to read this card, but it need not be handed over for this
purpose. The card provides a summary of Cambridgeshire Constabulary PCSO
powers and a summary of uniform description. All powers are exercisable by
‘on duty’ PCSOs.

In Cambridgeshire that will include:.

Issue Fixed Penalty Notices (FPNs) for offences in relation to;
· Truancy (Sec 444A Education Act 1996)
· Cycling on the footway (Sec 72 Highway Act 1835)
· Dog Control Orders (Sec 59 Clean Neighbours and Environment Act 2005)
· Dog Fouling (Dog (Fouling of Land) Act 1964
· Graffiti / Fly Posting (Sec 43 Anti Social Behaviour Act 2003)
· Litter (Sec 88 Environmental Protection Act 1990)

Issue Penalty Notices for Disorder (PNDs) for offences in relation to;
· Offences of disorder (Chapter 1 Part 1 Criminal Justice and Police
Act 2001)
· Criminal Damage
· Drunk in a highway / public place / licensed premises
· Throwing fireworks in a thoroughfare
· Breach of firework regulations
· Trespass on railway
· Throwing stones at trains
· Sale of alcohol to person under 18 years or who is drunk
· Attempt / buy or consumption of, alcohol by or on behalf of person
under 18
· Allow / Delivery of alcohol person under 18
· Buy / attempt alcohol for child
· Consumption of alcohol in designated public place
· Disorderly behaviour while drunk in public place
· Behaviour likely to cause harassment /alarm /distress
· Wasting police time
· Nuisance telephone calls / texts
· False fire alarm

PCSOs in Cambridgeshire will not issue FPNs or PNDs to persons under the

age of 16

Miscellaneous Powers
· Dispersal under ASB Act (Sec 30 Anti Social Behaviour Act 2003)
· Remove child (U16) to place of residence (Sec 15 Crime & Disorder Act
98)
· Remove truants to designated place (Sec 16(3) Crime & Disorder Act
98)
· Halt consumption/surrender of alcohol in designated place (CJ&P Act
2001)
· Confiscation/disposal of alcohol public place– U18’s (Conf Alc Act
1997))
· Confiscation/disposal of tobacco public place, person U16 (C &YP Act
1933)
· Search for alcohol / tobacco
· Limited power to enter licensed premises (Sec 180 Licensing Act 2003)
· Seize unconcealed drugs / drugs found when exercising other search
power
· Entry to save life/limb or prevent serious damage (Sec 17 PACE 1984)
· Seizure of vehicles used to cause alarm (Sec 59 Police Reform Act
2002)
· Removal of abandoned motor vehicles (Sec 99 Road Traffic Reg Act
1984))
· Stopping vehicles for test purposes (Sec 67 Road Traffic Act 1988)
· Place road signs (Sec 67 Road Traffic Reg Act 1984)
· Power to stop cycles – cycling on footway (Sec 163[2] Road Traffic
Act 1988)
· Direct traffic for purpose of escorting abnormal loads / other
purposes
· Road Checks (Sec 4 PACE 1984 and Sec 163 RTA 1988)
· Enforcing cordon areas (Sec 36 Terrorism act 2000)
· Stop/search vehicles in authorised areas (Sec 44/45 Terrorism Act
2000)
· Photograph persons away from police station
· Enter relevant premises / inspect documents / information (as
authorised persons – Security Industry Authority: Sec 19 Private Security
Industry Act 2001)

Powers to require personal details / Detain for relevant offence /
licensing offence (Schedule 4 Police Reform Act 2002)
· Require name / address person behaving in anti-social manner
· Require name and address for Road Traffic offences
· Require name and address for relevant offence / licensing offence
· Detain for relevant offence / relevant licensing offence where
personal details refused / false - max 30 minutes for PC to arrive.

Uniform
The Chief Constable has approved the following uniform for Cambridgeshire
PCSOs.
· Heavyweight / lightweight high visibility blouson jacket badged
‘Community Support Officer’ and / or ‘Police Community Support
Officer’ with plain high visibility strips and/or chequered band
· Lightweight high visibility tac vest badged ‘Community Support
Officer’ and / or ‘Police Community Support Officer’
· Black fleece badged ‘Community Support Officer’ and / or ‘Police
Community Support Officer’
· Other uniform coverings e.g. body armour generally badged ‘Community
Support Officer’ and / or ‘Police Community Support Officer’
and /or with plain high visibility strips and/or chequered band
· Cambridgeshire Constabulary white uniform or blue wicking shirt and
Blue tie.
· Cambridgeshire Constabulary uniform trousers
· Blue epaulettes embroidered ‘Police Community Support Officer
(Traffic)’ with collar number thereon
· Cap, bowler or turban with blue and white chequered band. Badge being
a standard metallic silver constabulary design (as worn by Sergeants and
Constables) displaying the words ‘Cambridgeshire Constabulary’
· Other religious apparel as approved by the Chief Constable from time
to time.
· All outer garments will display the word ‘Traffic’

Question ii

All Cambridgeshire PCSOs have been Designated with the power to issue
certain Local Authority / Litter Authority / Local Education Authority
Fixed Penalties

· 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 in respect of failure to secure regular attendance at school of a
registered pupil
· 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 Anti-social Behaviour Act 2003 in respect of graffiti
or fly-posting.
· 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 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 Neighbours and
Environment Act 2005, to give a notice under that section.
· 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).

Application of such powers will generally follow consultation with the
relevant issuing authority, for example a district council. From
research we understand no such tickets have been issued in Fenland,
South Cambridgeshire or East Cambridgeshire districts. We believe an
agreement exists within Huntingdonshire but at this stage are unable to
confirm if any tickets have actually been issued (data collated by the
local authority). Agreements have been made for PCSOs to issue tickets
for littering within parts of Cambridge City and Peterborough.
We will be able to provide these statisitics but are unable to do so at
the present time due to time constraints of your request. Could you
please advise me if you still wish to receive statistics for Huntingdon.

Question iii

All Cambridgeshire PCSOs are Designated with powers to issue a range of
fixed penalty tickets

· 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 for
riding on a footway

· Fixed Penalty Notices / Penalty Notices for Disorder (Chapter 1 of
Part 1 of the Criminal Justice and Police Act 2001)
|-------------------------------+-------------------------------------------------------|
| Relevant legislation | Offences for which PCSOs may issue penalty notices for|
| | disorder under Chapter 1 Part 1 of the Criminal |
| | Justice and Police Act 2001 |
|-------------------------------+-------------------------------------------------------|
| Section 1(1) Criminal Damage | Destroying or damaging property (under £500) |
| Act 1971 | |
|-------------------------------+-------------------------------------------------------|
| Section 12 of the | Being drunk in a highway, other public place or |
| Licensing Act 1872 | licensed premises |
|-------------------------------+-------------------------------------------------------|
| Section 80 of the | Throwing fireworks in a thoroughfare |
| Explosives Act 1875 | |
|-------------------------------+-------------------------------------------------------|
| Section 55 of the British| Trespassing on a railway |
| Transport Commission Act | |
| 1949 | |
|-------------------------------+-------------------------------------------------------|
| Section 56 of the British| Throwing stones etc. at trains or other things on |
| Transport Commission Act | railways |
| 1949 | |
|-------------------------------+-------------------------------------------------------|
| Section 141 of the | Sale of alcohol to a person who is drunk |
| Licensing Act 2003 | |
|-------------------------------+-------------------------------------------------------|
| Section 146(1) and (3) of| Sale of alcohol to children |
| the Licensing Act 2003 | |
|-------------------------------+-------------------------------------------------------|
| Section 149 of the | Purchase of alcohol by or on behalf of children |
| Licensing Act 2003 | |
|-------------------------------+-------------------------------------------------------|
| Section 150 of the | Consumption of alcohol by children or allowing such |
| Licensing Act 2003 | consumption |
|-------------------------------+-------------------------------------------------------|
| Section 151 of the | Delivering alcohol to children or allowing such |
| Licensing Act 2003 | delivery1 |
|-------------------------------+-------------------------------------------------------|
| Section 91 of the | Disorderly behaviour while drunk in a public place |
| Criminal Justice Act 1967| |
| | |
|-------------------------------+-------------------------------------------------------|
| Section 5(2) of the | Wasting police time or giving false report |
| Criminal Law Act 1967 | |
|-------------------------------+-------------------------------------------------------|
| Section 5 of the Public | Behaviour likely to cause harassment, alarm or |
| Order Act 1986 | distress |
|-------------------------------+-------------------------------------------------------|
| Section 12 Criminal | Consumption of alcohol in designated public place |
| Justice and Police Act | |
| 2001 | |
|-------------------------------+-------------------------------------------------------|
| Section 127(2) of the | Using public electronic communications network in |
| Communications Act 2003 | order to cause annoyance, inconvenience or needless |
| | anxiety. |
|-------------------------------+-------------------------------------------------------|
| Section 11 of the | Contravention of a prohibition or failure to comply |
| Fireworks Act | with a requirement imposed by or under fireworks |
| | regulations or making false statements |
|-------------------------------+-------------------------------------------------------|
| Section 49 of the Fire | Knowingly giving a false alarm of fire |
| and Rescue Services Act | |
| 2004 | |
|-------------------------------+-------------------------------------------------------|
| Section 149(4) of the | Buying or attempting to buy alcohol for consumption on|
| Licensing Act 2003 | licensed premises, etc. by child |
|-------------------------------+-------------------------------------------------------|

· All Cambridgeshire PCSOs are also appointed as Traffic Wardens and
therefore enjoy the full range of powers available to Traffic Wardens were
application of such powers has not since been ‘decriminalised’

SCHEDULE SHOWING FIXED PENALTY TICKETS WHICH CAN BE ISSUED BY TRAFFIC
WARDENS WHO ARE DESIGNATED PCSOS

RTA = Road Traffic Act / RTRA – Road Traffic Regulations Act
|-----+---------------------------+--------------+---------------------------|
| | | | |
| |Offence | Functions of | Schedule 3 Road Traffic |
| | | Traffic | Offenders Act |
| | | Wardens Order| |
| | | 1970 | |
| | | Article 3 | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 1. | Stopping within limits of | 1(e) |S25(5) of RTRA 1984 |
| | zebra crossing | |(endorsable, but stationary|
| | | |vehicle) |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 2. | Stopping in zebra pelican | 1(e) |S25(5) of RTRA 1984 |
| | or puffin controlled area| |(endorsable but stationary |
| | | |vehicle.) |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 3. | Stopping within limits of | 1(e) |S25(5) of RTRA 1984 |
| | pelican or puffin crossing| |(endorsable but stationery |
| | | |vehicle.) |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 4. | Stopping in pelican or | 1(e) |S25(5) of RTRA 1984 |
| | puffin controlled area | |(endorsable but stationery |
| | | |vehicle)) |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 5. | Vehicle being left so as | 1(b) |S22 of RTA 1988 |
| | to cause danger to other | | |
| | road users | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 6. | Overstaying after excess | 1(d) |S47(1) RTRA 1984 |
| | charge | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 7. | Incorrectly parked at bay | 1(d) |S47(1) RTRA 1984 |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 8. | Returning to car park | 1(d) |S47(1) RTRA 1984 |
| | within prohibited period | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 9 | Class of vehicle not | 1(d) |S47(1) RTRA 1984 |
| | permitted to park in bay | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 10 | Parking at suspended bay | 1(d) |S47(1) RTRA 1984 |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 11 | No waiting | 1(b) |S5(1) RTRA 1984 |
| | NO92 | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 12 | Limited waiting | 1(b) |S5(1) RTA 1984 |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 13 | Parking LGV on footpath or| 1(b) |S19 RTA 1984 |
| | verge | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 14 | Parking on offside at | 1(b) |S42 of RTA 1988 (reg 103 of|
| | night | |SI 1986/1078) |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 15 | Unnecessary obstruction | 1(b) |S42 of RTA 1988 (reg 103 of|
| | | |1986/1078) |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 16 | Wilful obstruction | 1(b) |S42 of RTA 1988 (reg 103 of|
| | | |1986/1078) |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 17 | Stopping on a clearway | 1(b) | S5(1) of RTRA 1984 |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 18 | Stopping on a bus stop | 1(b) |S5(1) of RTRA 1984 |
| | clearway | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 19 | Parking without displaying| 1(b) |S47(1) of RTRA 1984 (?) |
| | permit/ disabled persons | | |
| | badge | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 20 | Cycling on a footpath |Schedule 4 of | |
| | |Police Reform | |
| | | Act 2002 | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 21 | No registration mark | 1(c) |S42 of Vehicle and |
| | | |Registration Act 1994 |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 22 | Registration mark obscured| 1(c) |S43 of Vehicle and |
| | | |Registration Act 1994 |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 23 |Contravene free on street | 1(b) |S35A(1) of RTRA 1984 |
| |parking order | | |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 24 | Charge not duly paid | 1(d) |S47(1) of RTRA 1984 |
| | | | |
|-----+---------------------------+--------------+---------------------------|
| | | | |
| 25 | Parking on a cab rank | 1(b) |S5(1) of RTRA 1984 |
| | | | |
|-----+---------------------------+--------------+---------------------------|

Question iv

As stated all PCSOs are also appointed as Traffic Wardens – see above.
In addition all Cambridgeshire PCSOs are also empowered under Section 19 of
the Private Security Industry Act (this relates to powers to inspect
various official documents under the Security Industry Agency). So apart
form local Fixed Penalty arrangements with Local Authorities as discussed
under ii, all Cambridgeshire PCSOs have the same powers.

Question v
|----------------------------------------------------------+-------------------------------|
| Power to require name and address of a person whom a PCSO| Paragraph 1A of Schedule 4 to |
| has reason to believe has committed a relevant offence in| the Police Reform Act 2002 |
| the relevant police area or a relevant licensing offence | (inserted by paragraph 2 of |
| whether or not in the relevant police area. | Schedule 8 to the Serious |
| | Organised Crime and Police Act|
| | 2005). |
|----------------------------------------------------------+-------------------------------|
| Power to detain a person for up to 30 minutes or until | Paragraph 2 of Schedule 4 to |
| the arrival of a police officer (or to accompany that | the Police Reform Act 2002. |
| person to a police station if he or she elects to do so | (Paragraph 3(2) of Schedule 8 |
| on request), whom a PCSO has reason to believe has | to the Serious Organised Crime|
| committed a relevant offence or relevant licensing | and Police Act 2005.) |
| offence and who fails to comply with a requirement to | |
| give name and address or who gives an answer which the | |
| PCSO reasonably suspects to be false or inaccurate. | |
| | |
| The power to detain a person who the PCSO has required to| |
| stop committing an offence under sections 3 and 4 of the | |
| Vagrancy Act and who has failed to comply with the | |
| requirement for up to 30 minutes or until 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). | |
|----------------------------------------------------------+-------------------------------|
| Power to require name and address and detain for | Paragraph 3 of Schedule 4 to |
| antisocial behaviour: | the Police Reform Act 2002 |
| Power of a constable in uniform under section 50 | (Paragraph 3(10) of Schedule 8|
| of the Police Reform Act 2002 to require a person | to the |
| whom he or she has reason to believe to have been | Serious Organised Crime and |
| acting, or to be acting, in an anti-social manner | Police Act 2005) |
| to give his name and address. | |
| | |
| Power to detain a person who fails to comply with | |
| a requirement to give name and address or who | |
| gives an answer which the PCSO reasonably suspects| |
| to be false or inaccurate in the same way as he or| |
| she may under paragraph 2. | |
|----------------------------------------------------------+-------------------------------|
| Power to require name and address for road traffic| Paragraph 3A of Schedule 4 to |
| offences: | the Police Reform Act 2002 |
| Power to require the name and address of a driver | (inserted by paragraph 6 of |
| or pedestrian pursuant to sections 165 and 169 | Schedule 8 to the Serious |
| Road Traffic Act 1988. | Organised Crime and Police Act|
| | 2005). |
|----------------------------------------------------------+-------------------------------|
| Power to seize drugs and require name and address | Paragraphs 7B and 7C of |
| for possession of drugs: The power to seize | Schedule 4 to the Police |
| unconcealed drugs or drugs found when searching | Reform Act 2002 (inserted by |
| for alcohol or tobacco. The PCSO must retain the | paragraph 8 of Schedule 8 to |
| drugs until a constable instructs them what to do | the Serious Organised Crime |
| with it / them. If a PCSO finds drugs in a | and Police Act 2005) |
| person’s possession or has reason to believe that | |
| a person is in possession of drugs then the PCSO | |
| may require that person’s name and address. The | |
| PCSO may detain a person on failure to comply with| |
| the requirement. | |
|----------------------------------------------------------+-------------------------------|
| In addition as stated all Cambridgeshire PCSOs are|Functions of a Traffic Warden |
| also appointed as Traffic Wardens and therefore |Order 1972 and applicable Road |
| are able to require name / address (and in cases |Transport / Road Traffic |
| production of a driving licence) for relevant |legislation. |
| Traffic Warden Offences – in the main this relates| |
| to parking offences and offences and vehicle | |
| ownership. | |
|----------------------------------------------------------+-------------------------------|

May I apologise for the delay in responding outside the 20 working days as
defined by the Act.

show quoted sections

Many thanks for your detailed and informative reply. It is appreciated.

However with respect to local authority fixed penalty notices you have not yet given me enough information to understand what the powers of PCSOs are in practice as you have not released details of the relevant arrangements between the local authorities and the police.

I would be interested in the details of these arrangements in each of the local authority areas where they are in place. I anticipated that your response to my original request would include such information.

For example I would like to be able to compare the ability of PCSOs in Peterborough to issue FPNs for littering with what PCSOs in Cambridge can do.

My original request does not imply that I am seeking statistics and I am happy to confirm again that I am not seeking any statistics.

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

Cambridgeshire Constabulary

Dear Richard

Please see our response to Question ii paragraph 3. I believe this
information has answered your question.
An example is that Cambridge City and Peterborough PCSO's have the same
powers to issue Fixed Penalty Notices on behalf of the Local Authority for
Littering.

Donna Anderson
Information Access Office
Cambridgeshire Constabulary


Richard Taylor
<request-1286-1897d083@whatdoth To: [Cambridgeshire Constabulary request email]
eyknow.com> cc:
Subject: Re: Freedom of Information request - Powers of
09/09/2008 01:20 PCSOs in Cambridgeshire

Many thanks for your detailed and informative reply. It is
appreciated.

However with respect to local authority fixed penalty notices you
have not yet given me enough information to understand what the
powers of PCSOs are in practice as you have not released details of
the relevant arrangements between the local authorities and the
police.

I would be interested in the details of these arrangements in each
of the local authority areas where they are in place. I anticipated
that your response to my original request would include such
information.

For example I would like to be able to compare the ability of PCSOs
in Peterborough to issue FPNs for littering with what PCSOs in
Cambridge can do.

My original request does not imply that I am seeking statistics and
I am happy to confirm again that I am not seeking any statistics.

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

show quoted sections

>Cambridge City and Peterborough PCSO's have the same
>powers to issue Fixed Penalty Notices on behalf of the Local Authority for
>Littering.

But are the local authority arrangements which enable those powers to be used the same?

I anticipated your response might have been along the lines of:

" Dear Mr Taylor,

Cambridgeshire Police has agreements in place with just three of the local authorities in its force area which enable PCSOs to issue local authority fixed penalty notices. These authorities are:
i/ Peterborough City Council
ii/ Cambridge City Council
iii/ Huntingdonshire District Council

Copies of the current agreements are attached.

In summary:

In the case of Peterborough City Council the arrangements authorise PCSOs to issue £75 fixed penalty notices in relation to graffiti, litter and fly posting only. Notices issued by PCSOs are administered by the city council, and the money divided between the city council and Cambridgeshire Constabulary. The penalty reduces to £50 if it is paid within 21 days.

In the case of Cambridge City Council, the authority has set a £xx value on FPNs for littering ...

In the case of Huntingdonshire District Council, PCSOs do not issue any FPNs themselves, though there is a formal arrangement in place for PCSOs to give evidence to council officers who then issue FPNs in relation to dog fouling and dog control offenses.

Yours sincerely,
etc.. "

I am not particularly seeking information on the levels of penalties, but in the case of these local authority FPNs if no value has been set then as I understand it the PCSOs cannot issue a FPN.

I consider this information necessary to understand the powers delegated to PCSOs in practice in Cambridgeshire.

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

Cambridgeshire Constabulary

Dear Richard

I acknowledge receipt of your email. We are currently trying to retreive
the information requested. And hope to have a response to you within the
next 7 days.

Many thanks
Donna Anderson
Information Access Office
Cambridgeshire Constabulary


Richard Taylor
<request-1286-1897d083@whatdoth To: [Cambridgeshire Constabulary request email]
eyknow.com> cc:
Subject: Re: Freedom of Information request - Powers of
09/09/2008 15:07 PCSOs in Cambridgeshire

>Cambridge City and Peterborough PCSO's have the same >powers to
issue Fixed Penalty Notices on behalf of the Local Authority for
>Littering.

But are the local authority arrangements which enable those powers
to be used the same?

I anticipated your response might have been along the lines of:

" Dear Mr Taylor,

Cambridgeshire Police has agreements in place with just three of
the local authorities in its force area which enable PCSOs to issue
local authority fixed penalty notices. These authorities are: i/
Peterborough City Council ii/ Cambridge City Council iii/
Huntingdonshire District Council

Copies of the current agreements are attached.

In summary:

In the case of Peterborough City Council the arrangements authorise
PCSOs to issue £75 fixed penalty notices in relation to graffiti,
litter and fly posting only. Notices issued by PCSOs are
administered by the city council, and the money divided between the
city council and Cambridgeshire Constabulary. The penalty reduces
to £50 if it is paid within 21 days.

In the case of Cambridge City Council, the authority has set a £xx
value on FPNs for littering ...

In the case of Huntingdonshire District Council, PCSOs do not issue
any FPNs themselves, though there is a formal arrangement in place
for PCSOs to give evidence to council officers who then issue FPNs
in relation to dog fouling and dog control offenses.

Yours sincerely, etc.. "

I am not particularly seeking information on the levels of
penalties, but in the case of these local authority FPNs if no
value has been set then as I understand it the PCSOs cannot issue a
FPN.

I consider this information necessary to understand the powers
delegated to PCSOs in practice in Cambridgeshire.

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

show quoted sections

Cambridgeshire Constabulary

1 Attachment

Dear Richard

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0359/08

In reply to your request for information under the Freedom of Information
Act 2000, 22nd July 2008

The following information is now being requested:-

show quoted sections

issue Fixed Penalty Notices on behalf of the Local Authority for
>Littering.

But are the local authority arrangements which enable those powers
to be used the same?

I anticipated your response might have been along the lines of:

" Dear Mr Taylor,

Cambridgeshire Police has agreements in place with just three of
the local authorities in its force area which enable PCSOs to issue
local authority fixed penalty notices. These authorities are: i/
Peterborough City Council ii/ Cambridge City Council iii/
Huntingdonshire District Council

Copies of the current agreements are attached.

In summary:

In the case of Peterborough City Council the arrangements authorise
PCSOs to issue £75 fixed penalty notices in relation to graffiti,
litter and fly posting only. Notices issued by PCSOs are
administered by the city council, and the money divided between the
city council and Cambridgeshire Constabulary. The penalty reduces
to £50 if it is paid within 21 days.

In the case of Cambridge City Council, the authority has set a £xx
value on FPNs for littering ...

In the case of Huntingdonshire District Council, PCSOs do not issue
any FPNs themselves, though there is a formal arrangement in place
for PCSOs to give evidence to council officers who then issue FPNs
in relation to dog fouling and dog control offenses.

Yours sincerely, etc.. "

I am not particularly seeking information on the levels of
penalties, but in the case of these local authority FPNs if no
value has been set then as I understand it the PCSOs cannot issue a
FPN.

I consider this information necessary to understand the powers
delegated to PCSOs in practice in Cambridgeshire.

Having reviewed the above this did not form part of you original FOI
request reference 0359/08.
We have supplied to you all the information requested under FOI 0359/08,
and fulfilled our obligation under the Act.

If you still wish to receive the above information we will consider this
under a new FOI request.

Could you please confirm that you wish to proceed.

Cambridgeshire Constabulary can neither confirm or deny that it holds the
information you are seeking.

If you are unhappy with this response, please see the attachment below,
which sets out your rights to appeal.

(See attached file: Complaint Rights.pdf)

Should you have any further enquiries concerning this matter, please
contact the Information Access Office via email, or on telephone number
0845 456 456 4 extension 2396.

Regards

Donna Anderson
Information Access Office
Cambridgeshire Constabulary

show quoted sections

I would like to proceed with my request for details of the powers of PCSOs in Cambridgeshire.

My original request clearly stated that I expected to receive: "Details of all local authority fixed penalty notices which PCSOs in Cambridgeshire issue".

You have not yet released this information. You have told me in the course of our correspondence that this information is held in the form of agreements between three local authorities and Cambridgeshire Constabulary. You have further stated in your email of the 16th of September: "We are currently trying to retrieve the information requested. And hope to have a response to you within the next 7 days."

That commitment was not fulfilled.

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

I would like to proceed with my request for details of the powers of PCSOs in Cambridgeshire.

My original request clearly stated that I expected to receive: "Details of all local authority fixed penalty notices which PCSOs in Cambridgeshire issue".

You have not yet released this information. You have told me in the course of our correspondence that this information is held in the form of agreements between three local authorities and Cambridgeshire Constabulary. You have further stated in your email of the 16th of September: "We are currently trying to retrieve the information requested. And hope to have a response to you within the next 7 days."

That commitment was not fulfilled.

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

Cambridgeshire Constabulary

Dear Richard

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0482/2008

We acknowledge receipt of your Freedom of Information (FOI) request which
was received by Cambridgeshire Constabulary on 1st October 2008.

Your request will now be considered in accordance with the Freedom of
Information Act 2000. You will receive a response within the statutory
timescale of twenty working days as defined by the Act. In some
circumstances, we may be unable to achieve this deadline. If this is the
case, you will be informed and given a revised time-scale at the earliest
opportunity.

If we require any further clarification regarding this request, you will be
notified.

We would advise you that the nature of certain requests may involve payment
of a fee. If this is the case, you will be notified.

Should you have any further enquiries concerning this matter, please
telephone on 0845 456 456 4 extension 2396 or email [Cambridgeshire Constabulary request email]

Regards

Information Access Office
Cambridgeshire Constabulary

show quoted sections

Cambridgeshire Constabulary

1 Attachment

Dear Richard

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0482/2008

I write in connection with your request for information which was received
by Cambridgeshire Constabulary on 01/10/08

I regret to inform you that Cambridgeshire Constabulary have not been able
to complete its response to your request by the date originally stated.

I now advise you that the amended date for a response is 26/11/08. I can
assure you that every effort will be made to ensure an appropriate response
will be made within this new timescale.

Your attention is drawn to the attached sheet which details your right of
complaint.

(See attached file: Complaint Rights.pdf)

May I apologise for any inconvenience caused. Should you wish to discuss
this matter please write or contact the Information Access Office on
telephone number 08454564564 Ext 2396 quoting the reference number above.

Yours sincerely

Kathleen Love
Information Access Office
Cambridgeshire Constabulary

show quoted sections

Richard Taylor left an annotation ()

I raised Cambridgeshire Police's failure to respond to FOI requests within the statutory timescale with a member of Cambridgeshire Police Authority. This prompted a response from Philip Peaston, the Chief Executive of Cambridgeshire Police Authority who wrote:

"...public bodies are inundated with requests for information and we are no exception. Frankly, as a rule of thumb, 50% of the information requested seems to have no practical purpose and we really do wonder what the recipient does with it. Some “drill down” endlessly and we see no product from it in the media, at our public meetings or in other forms. We feel something will have to change to control this headlong dash for information which is an industry in itself."

http://www.rtaylor.co.uk/ruth-joyce-new-...

Cambridgeshire Constabulary

3 Attachments

Dear Mr Taylor

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0482/08

In reply to your request for information under the Freedom of Information
Act 2000, received 01/10/08

The Freedom of Information Act 2000 (The Act) requires us to handle all
requests in a manner that is blind to the identity of the requestor. Any
information released in response to a request is regarded as being
published, and therefore in the public domain without caveat.

Request

"Details of all local authority fixed penalty notices which PCSOs
in Cambridgeshire issue".

We have completed all searches within Cambridgeshire Constabulary and
hereby enclose your response.

Response

Please find attached the service level agreement for Peterborough City
Council, and a letter from Cambridge City Council.

(See attached file: Peterborough Service Level Agreement.doc.pdf)

(See attached file: Cambridge City Council Letter.pdf)

Unfortunately, we have been unable to locate any other information to
satisfy your request, as we do not hold this information.

We would advise that you may wish to contact the local Councils who may be
able to help you further. However I am unable to confirm if this
information would be held by them.

May I apologise for the delay in responding outside the 20 working days as
defined by the Act.

If you are unhappy with this response, please see the attachment below,
which sets out your rights to appeal.

(See attached file: Complaint Rights.pdf)

Should you have any further enquiries concerning this matter, please
contact the Information Access Office via email, or on telephone number
0845 456 456 4 extension 2396.

Regards

Donna Anderson
Information Access Office
Cambridgeshire Constabulary

show quoted sections

Richard Taylor left an annotation ()

I have commented on this response on my website:
http://www.rtaylor.co.uk/foi-request-pow...

Francis Irving left an annotation ()

More on Richard Taylor's blog relating to this request: http://www.rtaylor.co.uk/policing-addenb...

Richard Taylor left an annotation ()

A further FOI request has been made to ask for further details of PCSO powers in Cambridgeshire. This new request specifically asked about the powers of PCSOs to issue parking tickets and use speed monitoring equipment.

The police have published their response online at:

http://www.cambs.police.uk/about/foi/dis...

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

Richard Taylor left an annotation ()

Cambridgeshire's Police and Crime Panel have published a copy of the designation card used in Cambridgeshire:

http://democracy.peterborough.gov.uk/doc...

The link was slipped into the meeting papers published at

http://democracy.peterborough.gov.uk/ieL...

after the meeting.

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