S44/S60 Authorisations and PCSO powers.

I Madder made this Freedom of Information request to British Transport Police

The request was partially successful.

From: I Madder

4 December 2011

Dear British Transport Police,

I wish to request the following information under the terms of the
Freedom of Information Act 2000 'The Act'.

In order to assist you with this request, I am outlining my query
as specifically as possible. As you will understand, this may not
be a definitive list of relevant information.

You should also be aware that it is a requirement of the act to
respond within 20 working days. Based on your past response times
it seems that you do not follow this statutory law.

Please provide me with details of the following:

1. What areas of GB have BTP designated under S44 TA2000?
2. What areas of GB have BTP designated under S60 TA2000?
3. How many people have been stopped and searched under
3.1 S44 orders?
3.1.1 Please split numbers into country area (e.g.
Scotland/England/Wales/Other?
3.2 S60 orders?
3.2.1 Please split numbers into country area (e.g.
Scotland/England/Wales/Other?

Before you automatically decide to issue a blanket refusal on the
above information you may wish to read the NPIA document "Practice
advice on stop and search in relation to terrorism. 2008" namely
Section 2.3.3.

4. Please can you tell me what powers PCSOs have in relation to GB
stations. I.e. arrests/detentions/removal of persons/FPNs/Stop and
Search/etc?
4.1 In regards to detention/arrests how long is a PCSO allowed to
deprive someone of their liberty, in timescales?
5. Under what authority are PCSOs allowed to use force and
handcuffs?
6. Do PCSOs have any jurisdiction beyond 1 metre from railway
premises/land?
6.1 In a shopping centre 1 mile away from a Railway station?
6.2 In a petrol station 15 miles away from Railway land?
7. Does a PCSO have to provide a card detailing their authorisation
of powers on demand to any MOP.
8. Are PCSOs allowed to take part in Special Operations, such as
'drug busts', 'raids', Knife Arches.
9. Are PCSOs allowed to Stop and Search MOPs, make Pat Down
searches, and make more intrusive searches?

You maybe aware the act provides a duty on yourselves to assist
requesters, and as such if the information is subject to any costs
limits you must contact me to advise me of this and suggest ways to
make my request under the prescribed limit.

Yours faithfully,

I Madder

Link to this

From: Rogers, Claire
British Transport Police

5 December 2011

 

Dear Mr. Madder,

 

Apologies, this acknowledgement has also been sent to the email address
for your other request dated 5^th December. Please disregard that
acknowledgement.

 

Freedom of Information: Right to know request 1011-11

 

Thank you for your request under the Freedom of Information Act 2000 (‘the
Act’) for the following information:

 

 

“1. What areas of GB have BTP designated under S44 TA2000?

     2. What areas of GB have BTP designated under S60 TA2000?

     3. How many people have been stopped and searched under

     3.1 S44 orders?

     3.1.1 Please split numbers into country area (e.g.

     Scotland/England/Wales/Other?

     3.2 S60 orders?

     3.2.1 Please split numbers into country area (e.g.

     Scotland/England/Wales/Other?

    

     Before you automatically decide to issue a blanket refusal on the

     above information you may wish to read the NPIA document "Practice

     advice on stop and search in relation to terrorism. 2008" namely

     Section 2.3.3.

    

     4. Please can you tell me what powers PCSOs have in relation to GB

     stations. I.e. arrests/detentions/removal of persons/FPNs/Stop and

     Search/etc?

     4.1 In regards to detention/arrests how long is a PCSO allowed to

     deprive someone of their liberty, in timescales?

     5. Under what authority are PCSOs allowed to use force and

     handcuffs?

     6. Do PCSOs have any jurisdiction beyond 1 metre from railway

     premises/land?

     6.1 In a shopping centre 1 mile away from a Railway station?

     6.2 In a petrol station 15 miles away from Railway land?

     7. Does a PCSO have to provide a card detailing their authorisation

     of powers on demand to any MOP.

     8. Are PCSOs allowed to take part in Special Operations, such as

     'drug busts', 'raids', Knife Arches.

     9. Are PCSOs allowed to Stop and Search MOPs, make Pat Down

     searches, and make more intrusive searches?”

 

Your request was received on 5^th December and will be processed in
accordance with the Act.

 

Please quote the above reference number on any correspondence.

 

Yours sincerely

 

 

 

 

Claire Rogers

Data Protection & Freedom of Information Researcher

British Transport Police
' Telephone/Teliffon: 02920 236772
6  Fax/Ffacs:  02920 667300
:  E-Mail/E-Bost: [email address]
+ Mail/Bost: 

Disclosure Unit,
British Transport Police/Heddlu Trafnidiaeth Prydeinig
3 Callaghan Square/3 Sgŵar Callaghan
Cardiff/Caerdydd
CF10 5BT
DX 153042 CARDIFF 36

 

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From: Rogers, Claire
British Transport Police

13 December 2011

Mr Madder,

 

Apologies. I have again confused the email addresses for the two requests
you sent to us. Please see the request for clarification below with
regards to your request for information regarding s44 and s60
stop/searches. Your other request regarding statistics about Freedom of
Information requests is being processed.

 

Thank you

 

Claire Rogers

Data Protection & Freedom of Information Researcher

British Transport Police
' Telephone/Teliffon: 02920 236772
6  Fax/Ffacs:  02920 667300
:  E-Mail/E-Bost: [email address]
+ Mail/Bost: 

Disclosure Unit,
British Transport Police/Heddlu Trafnidiaeth Prydeinig
3 Callaghan Square/3 Sgŵar Callaghan
Cardiff/Caerdydd
CF10 5BT
DX 153042 CARDIFF 36

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From: I Madder

13 December 2011

Dear Claire,

In regards to my s44/s60 request please could you look for the last
3 years. Please could you also disclose the information in monthly
format.

Thanks again.

Yours sincerely,

I Madder

Link to this

From: Rogers, Claire
British Transport Police

29 December 2011

Dear Mr. Madder,

 

Freedom of Information request ref 1042-11

 

Thank you for your request under the Freedom of Information Act 2000
(FOIA) for the following information:

 

    “4. Please can you tell me what powers PCSOs have in relation to GB

     stations. I.e. arrests/detentions/removal of persons/FPNs/Stop and

     Search/etc?

     4.1 In regards to detention/arrests how long is a PCSO allowed to

     deprive someone of their liberty, in timescales?

     5. Under what authority are PCSOs allowed to use force and

     handcuffs?

     6. Do PCSOs have any jurisdiction beyond 1 metre from railway

     premises/land?

     6.1 In a shopping centre 1 mile away from a Railway station?

     6.2 In a petrol station 15 miles away from Railway land?

     7. Does a PCSO have to provide a card detailing their authorisation

     of powers on demand to any MOP.

     8. Are PCSOs allowed to take part in Special Operations, such as

     'drug busts', 'raids', Knife Arches.

     9. Are PCSOs allowed to Stop and Search MOPs, make Pat Down

     searches, and make more intrusive searches?”

 

 

Your original request has been split into two and questions 4 – 9 of your
request (as above) have been considered. Questions 1 -3 will be responded
to separately. 

 

 

In accordance with Section 1 of FOIA I can confirm that British Transport
Police (BTP) hold the information requested and this is shown below: 

 

 

4 - Please can you tell me what powers PCSOs have in relation to GB
stations. I.e. arrests/detentions/removal of persons/FPNs/Stop and
Search/etc?

 

Primarily the PCSO role is about public reassurance and tackling
anti-social behaviour – through community engagement, prevention and
enforcement. PCSOs have the power to detain someone if the person has
committed an offence involving harassment, alarm or distress, loss or
damage to property, or is acting in an anti-social manner and the person
refuses to provide their name or address or these details are believed to
be false. They may also issue penalty notices for certain offences and
carry out searches where they have reasonable grounds that a young person
has alcohol or tobacco on them and will not surrender these. They may
search detained people for dangerous instruments or items that could be
used to assist an escape. PCSOs also have the power to seize controlled
drugs. They have certain powers of entry to premises to save life and limb
and limited power to enter licensed premises.

 

4.1 - In regards to detention/arrests how long is a PCSO allowed to
deprive someone of their liberty, in timescales?

 

For up to 30 minutes pending the arrival of a police officer.

 

5 - Under what authority are PCSOs allowed to use force and handcuffs?

 

PCSOs are granted the authority to use reasonable force in certain
specific circumstances from the Police Reform Act 2002. It does not
specify what form this reasonable force takes. Our previous Chief
Constable was of the firm view that PCSOs needed the option of using
handcuffs. This was considered vital in situations where they may need to
wrestle with a suspect on a railway platform (with moving trains and
electricity very close by). For the safety of the suspect and the PCSO,
handcuffs can be used to restrain the suspect quickly.

 

Handcuffs can only be used when the PCSO has worked through the conflict
resolution model and tried verbal communication tactics for a person to
comply with a power. Where this has been ignored or the PCSO is met with
such force the response can escalate immediately to the use of handcuffs
or self-defence tactics.

 

6 - Do PCSOs have any jurisdiction beyond 1 metre from railway
premises/land?

 

In the ordinary course of activity a PCSO would not operate outside of the
railway premises or the immediate environment of railway premises (the
exact distance is not defined). However, in an emergency or if it would
damage public confidence if a PCSO did not act it may still be lawful for
a PCSO to act outside of the railway environment.

 

6.1 - In a shopping centre 1 mile away from a Railway station?

 

See response to question 6. However, PCSOs would not be routinely
patrolling shopping centres which are not in the jurisdiction of British
Transport Police. PCSOs could be at the location for a community
engagement event connected to the railway.

 

6.2 - In a petrol station 15 miles away from Railway land?

 

As above.

 

7 - Does a PCSO have to provide a card detailing their authorisation of
powers on demand to any MOP?

 

It is force policy for PCSOs to carry a card detailing the powers and
produce it on reasonable request.

 

8 - Are PCSOs allowed to take part in Special Operations, such as 'drug
busts', 'raids', Knife Arches?

 

Local commanders have the discretion to deploy PCSOs as they see fit in
accordance with the general ethos outlined at the start of response 4. BTP
is mindful that PCSOs are not police officers and have a distinct, but
complementary role.

 

9 - Are PCSOs allowed to Stop and Search MOPs, make Pat Down searches, and
make more intrusive searches?

 

PCSOs are not allowed to do stop and search to find evidence of stolen
goods, going equipped articles, articles for criminal damage or offensive
weapons. Nor may they carry out stop searches under section 60 of the
Police and Criminal Evidence Act 1984 where a senior officer anticipates
serious violence in an area or serious violence has occurred. PCSOs may
search as detailed in response 4 (i.e. for alcohol, tobacco and dangerous
implements that may assist someone to escape).

 

** Throughout these responses, PCSO means a BTP PCSO**

 

 

 

Requesting an internal review

British Transport Police accept that sometimes an applicant may not agree
with the decision made about their Freedom of Information request. If this
is the case there is a procedure to allow the decision to be reviewed. 

 

If you wish to as for the decision to be reviewed you should make your
request in writing to:

 

Disclosure Unit Manager,

British Transport Police Disclosure Unit,

2^nd Floor,

3 Callaghan Square,

Cardiff.

CF10 5BT

Tel: 02920 236772

 

 

You should state the reason for your request, for example, why you feel
you should have received more information.

 

Your request will be fully investigated and will be dealt with by a staff
member who was not involved in the original decision.  BTP will then write
to you to advise the outcome of your request.

 

If you are dissatisfied with the results of the review you have the right
to appeal to the Information Commissioner.

 

He can be contacted at:

 

The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

 

More information is available from the Information Commissioner's website

[1]http://www.informationcommissioner.gov.uk

 

Regards

 

 

Claire Rogers

Data Protection & Freedom of Information Researcher

British Transport Police
' Telephone/Teliffon: 02920 236772
6  Fax/Ffacs:  02920 667300
:  E-Mail/E-Bost: [email address]
+ Mail/Bost: 

Disclosure Unit,
British Transport Police/Heddlu Trafnidiaeth Prydeinig
3 Callaghan Square/3 Sgŵar Callaghan
Cardiff/Caerdydd
CF10 5BT
DX 153042 CARDIFF 36

 

show quoted sections

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From: Rogers, Claire
British Transport Police

4 January 2012

Dear Mr. Madder,

 

Freedom of Information: Right to know request 1011-11

 

Thank you for your request under the Freedom of Information Act 2000
(â the Actâ ) for the following information:

 

â 1. What areas of GB have BTP designated under S44 TA2000?

  2. What areas of GB have BTP designated under S60 TA2000?

  3. How many people have been stopped and searched under

  3.1 S44 orders?

  3.1.1 Please split numbers into country area (e.g.

  Scotland/England/Wales/Other?

  3.2 S60 orders?

  3.2.1 Please split numbers into country area (e.g.

  Scotland/England/Wales/Other?â

 

Can you confirm you request in question 2? You have stated that you
require the areas designated under section 60 of the Terrorism Act 2000.
However, reading the extract below, this does not seem to make sense in
relation to your other questions.

 

Terrorism Act 2000

Inciting terrorism overseas

60.â (1) A person commits an offence ifâ Northern Ireland.

(a) he incites another person to commit an act of terrorism wholly

or partly outside the United Kingdom, and

(b) the act would, if committed in Northern Ireland, constitute one

of the offences listed in subsection (2).

(2) Those offences areâ

(a) murder,

(b) an offence under section 18 of the Offences against the Person

Act 1861 (wounding with intent),

(c) an offence under section 23 or 24 of that Act (poison),

(d) an offence under section 28 or 29 of that Act (explosions), and

(e) an offence under Article 3(2) of the Criminal Damage (Northern S.I.
1977/426 (N.I.

Ireland) Order 1977 (endangering life by damaging property). 4).

ch1100c12a 24-07-00 23:00:17 ACT Unit: pag1 CH 11, 21.7.2000

28 c. 11 Terrorism Act 2000

 

Do you mean Section 60 of Criminal Justice and Public Order Act 1994? I
suggest this as it refers to stop searches.

In line with the Freedom of Information Act 2000 Section 10(6), the 20
working day timescale will be suspended until the required clarification
has been received, restarting on the date when the information is
received. (Although, information will continue to be collated in relation
to your remaining questions).

 

Regards

 

Claire Rogers

Data Protection & Freedom of Information Researcher

British Transport Police
' Telephone/Teliffon: 02920 236772
6  Fax/Ffacs:  02920 667300
:  E-Mail/E-Bost: [email address]
+ Mail/Bost: 

Disclosure Unit,
British Transport Police/Heddlu Trafnidiaeth Prydeinig
3 Callaghan Square/3 Sgŵar Callaghan
Cardiff/Caerdydd
CF10 5BT
DX 153042 CARDIFF 36

 

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From: I Madder

17 January 2012

Dear Rogers, Claire,

You are correct in that I am referring to the Stop and Search
records and designated areas.
Thank you for allowing me to clarify my request.

Yours sincerely,

I Madder

Link to this

From: Rogers, Claire
British Transport Police

19 January 2012


Attachment Areas and Figures Section 44 TA 2000 1011 11.pdf
13K Download View as HTML

Attachment Areas and figures Section 60 Criminal Justice and Public Order Act 1994 1011 11.XLS.xls
83K Download View as HTML


Dear Mr. Madder,

 

 

Freedom of Information request ref 1011-11

 

Thank you for your request under the Freedom of Information Act 2000
(FOIA) for the following information:

 

1. What areas of GB have BTP designated under S44 TA2000?

     2. What areas of GB have BTP designated under S60 TA2000?

     3. How many people have been stopped and searched under

     3.1 S44 orders?

     3.1.1 Please split numbers into country area (e.g.

     Scotland/England/Wales/Other?

     3.2 S60 orders?

     3.2.1 Please split numbers into country area (e.g.

     Scotland/England/Wales/Other?

 

Clarification:  In regards to my s44/s60 request please could you look for
the last

     3 years.  You are correct in that I am referring to the Stop and
Search

     records and designated areas.”

 

    

Your request for information has now been considered. Unfortunately
British Transport Police cannot supply all of the information you
requested for the reasons set out below. This letter acts as a refusal
notice under section 17(5) of the Freedom of Information Act 2000.

 

Section 12 of the FOIA provides an exemption from a public authority’s
obligation to comply with a request for information where the cost of
compliance is estimated to exceed the appropriate limit.

 

In relation to your question, How many people have been stopped and
searched under S60 orders? Please split numbers into country area (e.g.
Scotland/England/Wales/Other)?, we are unable to provide figures dated
after April 2011 as they are not easily retrievable.

Figures from before April 2011 have been recently collated for another
purpose and are therefore available. Under Section 16 - Duty to provide
advice and assistance, these figures are attached.

 

Between April 2011 and November 2011, there were approximately 1200 stops
under section 60 orders. Each record would have to be matched against its
section 60 authorisation to ascertain the location. This would have to be
undertaken manually and each comparison would take approximately 2 minutes
to complete. Therefore, we estimate that it would take approximately 40
hours to comply with this part of your request.

 

It is estimated that the cost of providing you with the information is
above the amount to which we are legally required to respond i.e. the cost
of locating and retrieving the information exceeds the “appropriate level”
as stated in the Freedom of Information (Fees and Appropriate Limit)
Regulations 2004. In the case of the police service, the appropriate limit
is £450 which has been calculated to equate to a total of 18 hours of
work. If any part of the request exceeds the fees limit then Section 12
applies to the whole request.

 

 

However, as stated above, under Section 16 – Duty to provide advice and
assistance, please find attached some information relating to your other
questions.

 

 

 

Requesting an internal review

British Transport Police accept that sometimes an applicant may not agree
with the decision made about their Freedom of Information request. If this
is the case there is a procedure to allow the decision to be reviewed. 

 

If you wish to as for the decision to be reviewed you should make your
request in writing to:

 

Disclosure Unit Manager,

British Transport Police Disclosure Unit,

2^nd Floor,

3 Callaghan Square,

Cardiff.

CF10 5BT

Tel: 02920 236772

 

 

You should state the reason for your request, for example, why you feel
you should have received more information.

 

Your request will be fully investigated and will be dealt with by a staff
member who was not involved in the original decision.  BTP will then write
to you to advise the outcome of your request.

 

If you are dissatisfied with the results of the review you have the right
to appeal to the Information Commissioner.

 

He can be contacted at:

 

The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

 

More information is available from the Information Commissioner's website

[1]http://www.informationcommissioner.gov.uk

 

Regards

 

 

 

Claire Rogers

Data Protection & Freedom of Information Researcher

British Transport Police
' Telephone/Teliffon: 02920 236772
6  Fax/Ffacs:  02920 667300
:  E-Mail/E-Bost: [email address]
+ Mail/Bost: 

Disclosure Unit,
British Transport Police/Heddlu Trafnidiaeth Prydeinig
3 Callaghan Square/3 Sgŵar Callaghan
Cardiff/Caerdydd
CF10 5BT
DX 153042 CARDIFF 36

 

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