Specific Powers of PCSO's in Essex, Including Specific Details of What They Can Detain For

S Marr made this Freedom of Information request to Essex Police

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The request was successful.

Dear Essex Police,

I am writing to ask you to disclose to me a list of the all powers that PCSO's have. This should include those that they exercise as a private citizen. It should include what specifically what their powers of detention are.

Please can you be specific as to whether or not the chief constable has designated PCSO's as having the following powers:

# Detain a person suspected to have committed an offence or an act of anti-social behaviour.
# Detain a person who does not provide their name and address when required[16]
# Detain a person who fails to provide details or complies with orders of a PCSO.
# Use reasonable force in relation to a detained person or to prevent a detained person making off.

Yours faithfully,

S Marr

data foi, Essex Police

Classification: NOT PROTECTIVELY MARKED

Dear S Marr,

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days but given the current very high number of requests being
received this may not be possible.

We will reply as soon as possible and please accept our apologies for
the inconvenience any delay may cause.

Kind regards,
Laura Mills
Information Officer
Data Protection & Freedom of Information Information Management
Strategic Change Management Department Essex Police Headquarters PO Box
2 Springfield Chelmsford Essex CM2 6DA
Tel: 01245 452523
Ext: 51811
Fax: 01245 452256 (Int: 54142)
Hours of Work = 9-4 Monday; 8-4 Thursday; 8-12:30 Friday

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Dear Sir/Madam,

I am requesting an internal review of your failure to provide the information requested promplty and certainly within the twenty working days provided by law.

This is in reference to my request that was made through the whatdotheyknow.com website for "Specific Powers of PCSO's in Essex, Including Specific Details of What They Can Detain For" sent on 16 June 2010 and acknowledged by yourselves on 17 June 2010.

Yours sincerely,

S Marr

Steve Grayton,

1 Attachment

Classification: NOT PROTECTIVELY MARKED

 
Thank you for your enquiry which has been logged under the above
reference. Please accept my apologies for the delay in reply but having
completed my enquiries I am able to respond as follows:

I am writing to ask you to disclose to me a list of the all powers that
PCSO's have. This should include those that they exercise as a private
citizen. It should include what specifically what their powers of
detention are.

Please can you be specific as to whether or not the chief constable has
designated PCSO's as having the following powers:

# Detain a person suspected to have committed an offence or an act of
anti-social behaviour.
# Detain a person who does not provide their name and address when
required[16]
# Detain a person who fails to provide details or complies with orders of
a PCSO.
# Use reasonable force in relation to a detained person or to prevent a
detained person making off.

To Answer your question, PCSOs get trained in the use of section 24a PACE
(arrest), Breach of Peace (common Law), Section 3 Criminal law act 1967
(use of Force) all of these are the any person powers.

The following is a the list of discretionary powers Chief Constables may
choose to designate their officers with:

* 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 Table for a list of
the offences for which CSOs can be designated with the power to issue
penalty notices for disorder). Paragraph 1(2)(a) of Schedule 4 to the
Police Reform Act 2002
* 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) Paragraph 1(2)(aa) of Schedule 4 to the
Police Reform Act 2002 (inserted by section 23 of the Anti-Social
Behaviour Act 2003)
* 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). Paragraph
1(2)(ab) of Schedule 4 to the Police Reform Act 2002 (inserted by
section 107(2) of the Education and Inspections Act 2006)
* 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. Paragraph 1(2)(c) of Schedule 4 to the Police
Reform Act 2002.
* 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 (penalty
notices in respect of graffiti or fly-posting). Paragraph 1(2)(ca) of
Schedule 4 to the Police Reform Act 2002 (inserted by section 46 of
the Anti-Social Behaviour Act 2003)
* Power to detain: Power to detain a person whom a CSO 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 CSO 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 CSO 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 2002. Paragraph 2 of Schedule 4 to the Police Reform
Act 2002. (Paragraph 3(2) of Schedule 8 to the Serious Organised Crime
and Police Act 2005.)
* 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 Police
Reform Act 2002. A relevant byelaw is a byelaw from a list of byelaws
that has been agreed between a chief constable and a relevant
byelaw-making body. As well as being able to require name and address
for breach of a byelaw, CSOs 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. Paragraphs 1A(3), 2(3A), 2(6)(ad),
2(6B), 2(6C), 2(6D), 2(6E), 2(6F) of Schedule 4 to the Police Reform
Act 2002 (see paragraphs 2, 3(4), 3(7) and 3(8) of Schedule 8 to the
Serious Organised Crime and Police Act 2005).
* 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 CSOs 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. Paragraphs 2(6)(ac) and 2(3B) of Schedule 4 to the Police
Reform Act 2002 (see paragraphs 3(4), 3(5), 3(6) and 3(7) of Schedule
8 to the Serious Organised Crime and Police Act 2005).
* 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. CSOs may require name and address but may not
detain for those relevant licensing offences that are most likely to
be committed by license holders. Paragraph 2(6A) of Schedule 4 to the
Police Reform Act 2002 (see paragraphs 3(3) and 3(8) of Schedule 8 to
the Serious Organised Crime and Police Act 2005).
* Power to search detained persons for dangerous items or items that
could be used to assist escape: Enables CSOs 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 CSO must comply with a police officer's instructions
on what to do with the item. Paragraph 2A of Schedule 4 to the Police
Reform Act 2002 (inserted by paragraph 4 of Schedule 8 to the Serious
Organised Crime and Police Act 2005).
* 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. Paragraph 4 of
Schedule 4 to the Police Reform Act 2002
* 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).
Paragraph 4A of Schedule 4 to the Police Reform Act 2002 (inserted by
section 33 of the Anti-Social Behaviour 2003)
* Power to remove children in contravention of bans imposed by curfew
notices to their place of residence:(repealed)
* Power to remove truants to designated premises etc: Enables a CSO 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.
Paragraph 4C of Schedule 4 to the Police Reform Act 2002 (inserted by
section 8 of the Police and Justice Act 2006)
* Power to use reasonable force in relation to detained persons:
Paragraph 2(4A) of Schedule 4 to the Police Reform Act 2002 places a
duty on CSOs 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 CSO
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 CSO 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 CSO 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). Paragraphs 2(4A), 2(4B),
4ZA and 4ZB of Schedule 4 to the Police Reform Act 2002 (see
paragraphs 2, 3 and 4 of Schedule 9 to the Serious Organised Crime and
Police Act 2005).
* 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 CSO to seize tobacco under paragraph 7 of Schedule 4 to the
Police Reform Act 2002 and a CSO reasonably believes that the person
is in possession of alcohol or tobacco then a CSO may search them for
it and dispose of anything found. It is an offence to fail to consent
to be searched and CSOs can require name and address for this offence.
As specified in paragraph 3(10) of Schedule 8 to the Serious Organised
Crime and Police Act 2005 a CSO 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 Schedule 4 to the Police Reform Act
2002. Paragraph 7A of Schedule 4 to the Police Reform Act 2002
(inserted by paragraph 8 of Schedule 8 of the Serious Organised Crime
and Police Act 2005).
* Power to seize drugs and require name and address for possession of
drugs: Builds on the power to seize drugs and require name and address
under paragraph 7B and enables CSOs to detain a person on failure to
comply with the requirement to provide name and address. Paragraph 7C
of Schedule 4 to the Police Reform Act 2002 (inserted by paragraph 8
of Schedule 8 to the Serious Organised Crime and Police Act 2005).
* Power to enforce Park Trading offences: Enables a CSO to seize
non-perishable items from a person the CSO reasonably have been used
in the commission of a park trading offence under the Royal Parks
(Trading) Act 2000. This power can only apply to CSOs in the
Metropolitan Police Force. Paragraph 7D of Schedule 4 to the Police
Reform Act 2002
* Limited power to enter licensed premises: Enables CSOs 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. Paragraph 8A of Schedule 4 to the
Police Reform Act 2002 (inserted by paragraph 9 of Schedule 8 to the
Serious Organised Crime and Police Act 2005).
* 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. Paragraph 11 of Schedule 4 to the Police Reform
Act 2002.
* Power to direct traffic for the purposes of escorting abnormal loads
Paragraph 12 of Schedule 4 to the Police Reform Act 2002.

Attached is the list designated by the our Chief Constable. Essex officers
are just missing the power to use force to detain and the power to use
force to transferee detainees.

I hope the information provided is of use.

Stev <<2853 powers.pdf>> Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Strategic Change Management Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: [1]www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

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apeholder left an annotation ()

"Essex officers are just missing the power to use force to detain and the power to use force to transferee detainees"

Not strictly true. S3 of the Criminal Law Act 1967 says:

"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."

Making off, or attempting to make off when detained is a crime, therefore literally anyone can use reasonable force to prevent this crime from happening​. Therefore, all PCSOs with the power of detention in England/Wales can use reasonable force with it.