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         2008 PCSO POWERS   

check your 2008 PCSO
POWERS HERE

I'm not sure these powers change much, it doesn't make a difference to many PCSO's. Mark (m_clements207) speaks about protecting the public. I believe that as PCSO's you already have this power, the power you need to do this is in common law. I think that what Mark may be addressing is that more powers are needed to tackle what counts to the public; quality of life issues I.E. ASB. The issues that hit us ALL hard. (I apologise if I am wrong by the way Mark!). But again, these 'new' powers don't really help PCSO's help the public. I mean, cycling on a footpath? (What? Why...?) What PCSO's really needed was more powers to control ASB. But there's still time yet! PCSO's have developed a lot in the past few years, and I have a feeling we will be seeing more documents like this in the future." From: TheRunningMan2006
To: falkor
Posted: 18 Sep 2007
Subject: Re: 2008 PCSO POWERS

             2008 PCSO POWERS
From: Big-Si
To: falkor
Posted: 18 Sep 2007
Subject: Re: 2008 PCSO POWERS

If PCSO's were designated with powers to detain and to search we would be able to stop detain / search for alcohol / drugs without awaiting a PC's presence. It is interesting that the contentious issue of detaining with reasonable force is still at the CC's discretion as well, this is the legislation allowing PPE to be issued. Personally I feel that we should be issued with PPE, certainly we spend a greater proportion on patrol than the PC's and are at greater risk of being assaulted statistically, a colleague was bottled two weeks ago and we struggled to make a citizens arrest and sat on the suspect until backup arrived. I do have concerns, though that the issue of PPE could lead to PCSO's being taken away from what they are supposed to be doing though, it would be all too easy for control room staff to send a PCSO to a shoplifter to detain / cuff them awaiting a PC's arrival. PPE should be for defence use, not to be routinely detaining people. I feel let down by the designation of these powers and feel that ACPO level and above have little understanding of the reality of the role and what we actually do.

check your 2008 PCSO
POWERS HERE

select this to download adobe reader FREESections 110 & 111 and Schedule 7 of SOCAP came into force on 1 January 2006

NEW POWERS OF ARREST FOR 2006

SOCAP

Powers of arrest

Police Power of Arrest

New s.24A Other person power of arrest

select this to download adobe reader FREE Any person – arrest reasons

download the 60k custody officer's guide to these major changes now

One of the most important ways of classifying offences is by the categories that affect where and how a case will be tried.
For this purpose offences are classified as:

  1. Indictable offences
    These must be tried on indictment at the Crown Court (eg murder,manslaughter, rape).
  2. Triable either way offences
    These can be tried either on indictment at the Crown Court or summarily at the Magistrates’ Court (eg theft, burglary, assault occasioning actual bodilyharm).
  3. Summary offences
    These can only be tried at the Magistrates’ Court (eg criminal damage of less than £5,000, assaulting a policeman in the execution of his duty, common assault).


PCSO POWERS SCHEDULE

The powers of PCSOs are set out in Part 1 of Schedule 4 to the PRA.

PCSOs must be on duty and wearing the correct uniform to exercise their powers. With the exception of the power of directing traffic to escort abnormal loads, PCSO powers can only be exercised in the force area of the designating Chief Officer.

  1. Issue Fixed Penalty Notices (FPNs) for offences of disorder
  2. Detain for up to 30 minutes suspects who fail to give details
  3. Use reasonable force to detain as at 2
  4. Impose requirements and dispose of alcohol consumed in designated public places
  5. Enter any premises to save life and limb or prevent serious damage to property
  6. Carry out PACE road checks and stop vehicles to do so
  7. Stop and search vehicles & belongings in areas authorised under the Terrorism Act 2000.
  8. Seize vehicles used to cause alarm etc.
  9. Issue Fixed Penalty Notices for offences of cycling on footways, dog fouling, litter
  10. Require name and address from suspects
  11. Require name and address from person acting in anti-social manner
  12. Confiscate and dispose of alcohol from young persons
  13. Seize and dispose of tobacco from young persons
  14. Authorise removal of abandoned vehicles
  15. Stop vehicles for testing
  16. Make traffic directions for abnormal vehicles.

Basic Powers

The powers (2 and 3) to detain a person for a limited period, and to use reasonable force to do so, were piloted for the first two years (2002 - 2004) in six forces (Devon & Cornwall, Gwent, Lancashire, Metropolitan, Northamptonshire, West Yorkshire). Her Majesty’s Inspectorate of Constabulary made a specific evaluation of those powers.

Chief officers have discretion over which of the powers in Part 1 of Schedule 4 to bestow on their PCSOs. In order to reduce training requirements and ensure PCSOs’ efforts are focused on their core business, it is likely that only those powers necessary to meet the envisaged deployment will be bestowed. There is nothing in the legislation preventing PCSOs in the same force having different powers according to local needs (e.g. detention powers in one Division but not in another, as in the MET's Lambeth).

PCSOs will need to carry with them documentary evidence of their designated powers to produce under section 42. It should be borne in mind that, in addition to Schedule 4 provisions, PCSOs will have the same powers as any other citizen, e.g. to make arrests or act in defence of themselves or another.

Overall, the powers of PCSOs (and accredited persons) need to be set in context. Most PCSOs will spend most of their time discharging their street duties without recourse to their powers, like regular police officers.

30 minute power of detention

POWER OF DETENTION: Relevant Offence

The Police Reform Act 2002 makes provision for Community Support Officers to be designated with the power of detention. Where a CSO has reason to believe that a person has committed a relevant offence he or she may require that person to supply their name or address. A relevant offence is defined as either a fixed penalty offence or an offence which has caused injury or alarm to another person or the loss of or damage to property.

If the individual concerned refuses to give a name or address or the CSO suspects that the details that have been given are false then the CSO may 'require the person to wait with them for up to 30 minutes pending the arrival of a constable'. Alternatively the CSO may accompany the person to a police station with that person's agreement. Any person who fails to wait with the CSO as required or who tries to make off is guilty of an offence. CSOs may use reasonable force in order to detain a person, but they are not necessarily supplied with handcuffs, batons or CS spray.

Advanced Powers

TERRORISM: Cordoned areas

Where a designation applies this paragraph to any person, that person shall, in relation to any cordoned area in the relevant police area, have all the powers of a constable in uniform under section 36 of the Terrorism Act 2000 (c. 11) (enforcement of cordoned area) to give orders, make arrangements or impose prohibitions or restrictions.

Power to stop and search vehicles etc. in authorised areas

Where a designation applies this paragraph to any person-

(a) that person shall, in any authorised area within the relevant police area, have all the powers of a constable in uniform by virtue of section 44(1)(a) and (d) and (2)(b) and 45(2) of the Terrorism Act 2000 (powers of stop and search)-

(i) to stop and search vehicles;

(ii) to search anything in or on a vehicle or anything carried by the driver of a vehicle or any passenger in a vehicle;

(iii) to search anything carried by a pedestrian; and

(iv) to seize and retain any article discovered in the course of a search carried out by him or by a constable by virtue of any provision of section 44(1) or (2) of that Act;

and

(b) the references to a constable in subsections (1) and (4) of section 45 of that Act (which relate to the exercise of those powers) shall have effect in relation to the exercise of any of those powers by that person as references to that person.

A person shall not exercise any power of stop, search or seizure by virtue of this paragraph except in the company, and under the supervision, of a constable.

s59 PRA: Manner of driving by warned offender

Seizure of vehicles used to cause alarm etc.

(1) Where a designation applies this paragraph to any person-

(a) that person shall, within the relevant police area, have all the powers of a constable in uniform under section 59 of this Act which are set out in subsection (3) of that section; and

(b) references in that section to a constable, in relation to the exercise of any of those powers by that person, are references to that person.

(2) A person to whom this paragraph applies shall not enter any premises in exercise of the power conferred by section 59(3)(c) except in the company, and under the supervision, of a constable.

Powers include:

  1. Power, if the vehicle is moving, to order the person driving to stop the vehicle.
  2. Power to seize and remove the motor vehicle.
  3. Power for the purpose of exercising a power under (1) or (2) to enter any premises on which there are reasonable grounds for believing the motor vehicle to be (with the exception of a private dwelling house). This power shall only be exercised in the company, and under the supervision, of a constable.
  4. Power to use reasonable force, if necessary, in the exercise of any powers (1) - (3) above.

text in green by Ricky Diamond PoliceSpecials

Following questions about gopeds and those naughty people who thrash about on motor scooters, im posting this information that I wrote in my notes after being given them by my PCSO brothers and sisters. Its not a cut and paste job so if ive spelt something wrong apologies. It works a treat and helping us immensely to crack down on the little tearaways, especially motor scooters.

Section 59 - Must Contravene both of the following.

a) Contravenes Section 3 or 34 of the Road Traffic Act 1988 - Careless and Inconsiderate Driving and Prohibition of off road driving.
b) is causing or likely to cause alarm, distress or annoyance to members of the public.

POWERS

Must of first used a warning accept in section 59(5) circumstances are inpractible.

Once warning given, second offence must take place within 12 months of that warning to seize. No entry is allowed to private dwelling, but allowed to garage or land.

A suggested warning that you adapt to the situation :-59(4) You are/have been driving in a careless and inconsiderate manner contrary to section 3 of the road traffic act 1988 OR you are/have been driving on common land, moorland, land not part of a road, a footpath or bridal way or restricted byway.

Contrary to section 34 of the road traffic act 1988 in a manner which is causing/is likely to cause alarm, distress or provide annoyance to members of the public. I must warn you that if you continue to drive the vehicle in the same way or if you drive the vehicle in the same way on another occasion I can seize your vehicle under section 54 of the Police Reform Act.

How do you go about it?

Check the person or the registration against your control on their Criminal Inteligence System (its not likely to be on the PNC). If theres a previous warning given, enforce the act, call up your appointed motor vehicle removal company and stay with vehicle until collected. If you are giving the warning for the first time, fill in an intelligence report.

How do they get the vehicle back?

The first day incurs a cost of around £112, with subsequent days at £12 per day.
They have 21 days to collect their vehicle and pay the collection fee or vehicle can be destroyed or sold.

I hope this helps those out there, I keep this written in the back of my PNB for reference.

Ricky Diamond thank you for that!

Entry to save life or limb or prevent serious damage to property s17 PACE

Where a designation applies this paragraph to any person, that person shall have the powers of a constable under section 17 of the 1984 Act to enter and search any premises in the relevant police area for the purpose of saving life or limb or preventing serious damage to property.

Section 17 Police And Criminal Evidence Act 1984

A constable may enter and search premises for the purpose of saving life or limb or preventing serious damage to property

Examples of where PCSOs could use s17 PACE:

Stop and search `Road checks' s4 PACE

The term `road check' usually refers to the construction of a checkpoint at which vehicles are stopped to be inspected. There are two legal authorities for this: section 4 of PACE, and common-law powers in respect of breach of the peace.

PACE allows an officer of the rank of superintendent or above to authorize road checks for 7 days. To authorize a check under these powers, the officer must have reasonable grounds to believe that a vehicle in a designated area is carrying:

Common-law powers allow any constable to stop and search any vehicle where there are reasonable grounds for believing that its occupants intend to commit a breach of the peace.

PCSOs Carrying out road checks

Where a designation applies this paragraph to any person, that person shall have the following powers in the relevant police area-

So what does this mean? Still not sure on road checks?

As a PCSO at a road check you will be able to stop vehicles that you have been told at your briefing are the ones needed for checking. For example the case may be that a person who witnessed a murder was seen to drive off in a red Vauxhall Vectra. You will be asked to look out for such vehicles and stop them so that constables present with you may question the person as to what they saw.

Can I search anybody at these road checks? No, Only Constables may search

If there is to be searching of vehicles or persons - PCSOs cannot do this at road checks, the constables present will search if appropriate.

Any Person Powers

OLD POWERS (2005) (repealed)
Arrestable Offences s24 PACE

Any person may arrest without warrant:

  • any person who is in the act of committing an arrestable offence;
  • any person whom he has reasonable grounds for suspecting is committing an arrestable offence;
  • where an arrestable offence has been committed, anyone who has committed the offence; or
  • where an arrestable offence has been committed, anyone who he has reasonable grounds for suspecting has committed the offence.

Arrest is therefore always lawful where the arrested person is in the act of committing an arrestable offence or is reasonably suspected to be committing an arrestable offence. However, this is not the case where a PCSO arrests a person he has reasonable grounds to believe has committed an arrestable offence in circumstances where no arrestable offence has in fact been committed (the Court of Appeal in R v Self). In this latter case, the arrest is unlawful no matter how well grounded the PCSO's suspicions. Note that this restriction does not apply to a police officer. There is no citizen's power of arrest in circumstances where a citizen believes that an arrestable offence is about to be committed.

An arrestable offence is defined by s24 of PACE as being:

  • murder or treason;
  • offences for which a person of 21 years of age or over could be convicted for five years or more (eg criminal damage, theft, certain public order offences and certain offences against the person); and
  • other specified statutory offences (such as those under the Official Secrets Acts 1920 and 1989).

So what is an arrestable offence?

Essentially it is offence for which an adult could - at least in principle - be sentenced to at least five years' imprisonment. This includes homicides, serious and indecent assaults, rape, criminal damage, arson, and most theft-related offences. Is stealing, say, a potato, an arrestable offence? Undoubtedly, as theft, in general, has a seven-year maximum penalty. The fact that you would never, in practice, be put inside for stealing a potato is not relevant. Carrying an offensive weapon, murder, rape, robbery, burglary, theft, ABH assault, drug offences, violent disorder, causing criminal damage, indecent assault, taking a motor vehicle without the owner's consent, driving while disqualified, and ticket touting are some examples of arrestable offences.

It can be very difficult for a person who is not a criminal lawyer to remember which of the hundreds of defined statutory offences fall into the category of `arrestable offence' and which do not. The courts have not shown themselves sympathetic to the private citizen who gets it wrong.

For example, failing to give your details to another driver at the scene of a road accident is an offence, but not an arrestable offence.

In R v Jackson (1985) a man who tried to take the ignition keys from a car which had crashed into his, to prevent the owner leaving the scene, was deemed to be making an unlawful arrest. When the driver drove away, dragging the hapless would-be arrestor down the street, this was held to be self-defence: the attempted `arrest' was unlawful, and the arrestee was justified in resisting it. This despite the fact that he had just given an obviously false name.

NEW POWERS (2006)

select this to download adobe reader FREE     LOAD THE NEW ARREST POWERS IF YOU HAVE ACROBAT READER

RIGHT CLICK AND "SAVE TARGET AS" HERE FOR 177k new powers slideshow

LEFT CLICK HERE FOR FURTHER DETAILS ON SOCAP


Breach of the peace Common Law

Any person may arrest without a warrant a person for breach of the peace where:

Breach of the peace is defined as being an act done or threatened to be done which either actually harms a person or, in his presence, his property or was likely to cause such harm or which put someone in fear of such harm being done (R v Howell). A breach of the peace can occur on private premises, even if the only persons likely to be affected by the breach are inside the premises and no member of the public outside the premises is involved (McConnell v Chief Constable of Greater Manchester Police).

Use of FORCE Common Law

At common law the defence of self-defence operates in three spheres. It allows a person to use reasonable force to:

Use of FORCE Criminal Law Act

In addition, s3(1) of the Criminal Law Act 1967 provides that:

"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." Both the common law and statutory defences can be raised in respect of any crime with which the defendant is charged, and if successful will result in the defendant being completely acquitted.

However, if a defendant uses excessive force this indicates that he acted unreasonably in the circumstances. There will therefore be no valid defence, and the defendant will be liable for the crime.

Offences committed

s46 PRA: Important Offences

Section 46 of the Act creates the following offences:-

OTHER OFFENCES

A person who-


is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

PCSOs directing traffic/ issuing HO/RT/1s by GlynB

A Chief Constable may designate suitable members of staff to be PCSOs. In effect this means one may be recruited to be a PCSO or may already hold some other post such as Traffic Warden and be designated as PCSO with whatever powers (as defined in the Police Reform Act) the Chief Constable (Commissioner) may determine.

In reality many forces have recruited PCSOs and given them Traffic Warden Powers. Such powers are contained within the Functions of Traffic Wardens Order 1970 and its amendments. These powers include the direction of traffic including pedestrians, the enforcement of street parking restrictions (except where these have been decriminalised), breaches of the lighting regulations, vehicle tax offences and unnecessary obstruction under the construction and use regulations.

The power to issue a HORT/1 is dependent on one of the endorsable offences for which a Traffic Warden has the power to deal being detected. These are leaving a vehicle at rest within the confines of a pedestrian crossing (zebra, pelican etc.) or the crossing controlled area and leaving a vehicle in a dangerous position. In such cases the driver must produce a driving licence. A HORT/1 can thus be issued to cause the production. However there is no power to require other documents to be produced.

A Traffic Warden acting under the direction of and in company with a constable can, with the authority of the Chief Officer, require other productuons and deal with other offences in respect of certain moving traffic. However this is a difficult section of the order to understand and I am not aware of this being used.

The Home Office determination on Traffic Warden Uniform requires that a Traffic Warden who is also a PCSO will wear the PCSO uniform of their force and must have on each shoulder and on the breast the word "Traffic" in addition to any other titles and numbers. There is no definition of the size or colour of the lettering.

GlynB     04 Jul 2005

Abbreviations

PRA = Police Reform Act 2002
PACE = Police and Criminal Evidence Act 1984
the 1984 Act = Police and Criminal Evidence Act 1984

More information

PCSO role        download the OLD PCSO POWERS

Discussion on PCSO powers

              2008 PCSO POWERS   
check your 2008 PCSO
POWERS HERE

IMHO there are two issues that need to be urgently addressed:
  • Working with Police Officers - The working group should have examined the work breakdown of Police Officers to see where PCSOs might ease their workload by shouldering some of their more onerous tasks (initial attendance at sudden death calls and Informing relatives of bereavement for example). Also, the Working Group should re-examine the "grading" of jobs. I'm sure most of us will agree that many jobs currently graded 2 or 3 could be handled by PCSOs who, after all, often know the people concerned and can sometimes solve a dispute through negotiation and advice, thus eliminating the need for arrest and the paperwork trail that accompanies it.
  • Making PCSOs more effective within their Communities - Hi-vis provides a deterrent but it also acts as a magnet for people to report incidents. When they do not see us addressing their immediate concerns as they expect (and as a Police Officer might), their disappointment leads to a loss of confidence in the ethos of PCSOs.

What changes will the new list of Standard Powers usher in?.... Very few I expect.

From: Arthur ASCII
To: falkor
Posted: 18 Sep 2007 07:17
Subject: Re: 2008 PCSO POWERS

                 2008 PCSO POWERS   

check your 2008 PCSO
POWERS HERE

The new list of standard powers that will be introduced on the 1st December, in my opinion, is a waste of time. In my force the new list will make no difference. As the study shows, powers to detain were originally planned, but due to further discussion this power was taken out of the list. I think it is so frustrating to know that if an incident does happen in my presence, I wouldn't have the power to deal with it. I certainly don't agree with some discussions over the handout of Cuffs and CS spray to CSO's, although I feel extra powers are needed to make us a more effective part of the police family. I just hope in future months, the powers that be will see that giving us extra powers in certain areas of our remit will help to reduce crime, disorder and anti-social behaviour in the villages, towns and cities we work in. From: m_clements207
To: falkor
Posted: 13 Sep 2007
Subject: Re: standard powers?

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10The Tribe BBC 2 this mad doc goes and lives with tribes from around the globe, living their lives, hunting, sleeping, fighting, rituals


national-PCSOs Forum Index

How should PCSOs be DRESSED ?   The Policy

The MET has updated their DRESS CODE POLICY in 2005. (Wednesday, 13th April 2005)
The following are excerpts from that policy which apply to MET PCSOs

Policy Statement

Being well presented is an important part of being professional. The standard of appearance of all staff should portray a favourable impression of the Metropolitan Police Service (MPS).

3 General

3.1 Staff will maintain a high standard of personal appearance and must be clean, neat, tidy and well groomed. Staff must not chew gum or smoke whilst engaging with members of the public. When the type of work involved makes a formal standard of dress impracticable, any clothing worn must be presentable and appropriate to the work.

4 Tattoos

4.1 Tattoos on the face or visible above the collar are not permitted. To retain a professional image, where feasible, all other tattoos must be covered.

4.2 Anyone who has a tattoo which could be construed as being offensive to any religion or belief, or is in any way discriminatory, violent or intimidating, will not be accepted to join the MPS. Likewise, an existing member of staff who gets themselves tattooed in this way may, after investigation, become subject to disciplinary proceedings.

5 Spectacles

5.1 The policy relating to the issue of Service spectacles to police officers is owned by Occupational Health Branch. Staff may elect to wear contact lenses on duty.

5.2 When driving MPS vehicles, staff may wear their own sunglasses when driving in bright sunlight. Lenses must not be mirrored, photochromatic or too dark and should be made of a suitable material to minimise the risk of serious injury in the event of an accident. Sunglasses must be removed when engaging with members of the public. Cyclists will remove shaded eye protection.

6 Court attendance

6.1 Uniformed police officers and uniformed police staff attending court to give evidence must do so in uniform. This does not apply to those called to give evidence whilst absent from work whilst sick, on maternity leave, or on a career break. Neither does it apply to uniformed police officers permanently employed in plain clothes.

6.2 If shirt sleeve order is worn, then male uniformed staff will wear a tie and female staff a cravat. Police officers must wear their tunic at coroner's court unless the court directs otherwise.

6.3 Non uniformed staff must wear smart formal wear.

6.4 Police Officers attending court in uniform must give evidence and patrol court buildings (magistrates' and crown) whilst carrying all their officer safety equipment.

7 Clothing and Equipment issued by the MPS
7.1 Provision

7.1.1 Only authorised items, are to be issued to and worn by that individual.

7.1.2 Responsibility for determining appropriate garments and kit lists lies with the Clothing Board. Where there is a perceived need for additional or alternative clothing or personal protective equipment (PPE), a business case must be submitted. Staff must not approach or enter into discussions with individual manufacturers or suppliers.

7.2 Ownership and Responsibility

7.2.1 Items of uniform and equipment issued by the MPS, remain the property of the Metropolitan Police Authority (MPA). Every member of staff has a duty to take care of official property. Negligence leading to loss or damage may result in disciplinary proceedings.

7.2.2 Uniform must not be sold neither should they it be given as memorabilia unless otherwise authorised by Uniform Services.

10 Wearing of Uniform

10.1 Whilst on duty, uniformed police officers and uniformed police staff will wear the clothing issued at all times unless authorised by their line manager to wear plain clothes. Staff representing the Service will, whenever practicable, do so in uniform.

10.2 It is appreciated that, for convenience, some staff may wish to wear certain items of uniform i.e. shirt, trousers, whilst travelling to or from work. This will be subject to a personal risk assessment. Any MPS insignia / badging must not be visible.

12 Uniformed officers and uniformed police staff (including corporate wear) with an enforcement role.

12.1 This includes police community support officers, traffic wardens, security staff, station reception officers, gaolers, designated detention officers and vehicle removal officers.

12.2 Where staff are working together, they should try to ensure consistency of appearance i.e. shirt sleeve order.

12.3 Personal Appearance

Hair

12.3.1 Hair must be neat, not allowed to cover the ears and, unless on identifiable religious or cultural grounds, worn above the collar. For safety reasons, ponytails are not permitted and long hair must be neatly and securely fastened up and worn relatively close to the head. Any hair bands or ties must be plain and the colour in keeping with the main uniform.

12.3.2 Hair must not be shaved or shaped into patterns or motifs. Moderate layering is acceptable but a sharp dividing line between long and short sections of hair is not allowed. Hair must not be dyed in conspicuously 'unnatural' colours. With the exception of faint modest highlighting, hair may only be dyed one colour.

12.3.3 An 'unshaven' appearance is not desirable therefore, beards or moustaches must be grown whilst off duty or when there will be no contact with the public.

Personal Items

12.3.4 Expensive personal items, including jewellery, must not be worn at work. A plain watch, items of religious significance and no more than two rings may be worn. Rings with prominent stones or settings must not be worn on duty, because of the risk of injury. Necklaces must not be visible.

12.3.5 Any item worn should be as unobtrusive as possible and must not conflict with any PPE provided. The above personal items will be permitted only where there is no significant health and safety risk, or precluded by the requirements of a specific operational order. Separate instruction may exist for training activities. If staff are physically unable, or feel unable to remove items of religious significance, there may be occasions where they need to be securely covered to minimise any risk.

12.3.6 Rings, studs or sleepers must not be worn through the ears, nose, eyebrows, tongue or any other visible part of the body. Staff who have body piercings that are not visible when clothed, should be aware of the associated risk of injury and remove jewellery as necessary.

Cosmetics

12.3.7 Cosmetics may be worn in moderation and should be appropriate to the work environment. Nails must be kept to a length that will not interfere with duties. Any nail varnish worn must be colourless.

12.4 Pre-planned and public order events

12.4.1 The officer in charge of public order and pre-planned events will decide the dress code. The dress and safety equipment directions will be contained in the Operational Order or other written instruction. Where a number of different units or branches are involved, there should be as much continuity of dress as the circumstances will allow.

12.5 Uniformed staff in specialist branches and roles

12.5.1 Uniformed staff employed in specialist roles or branches will only use officially issued or authorised items of uniform or equipment. Where an item of specialist clothing is issued to an individual to undertake a specific task, it will only be worn when carrying out that task. At other times, standard items of uniform or clothing will be worn.

12.6 Instructions on the use of specific items of clothing and equipment

12.6.1 The following instructions apply only where the relevant item is issued as part of the specific group role or entitlement. Line managers may give instructions as to which clothing combination should be worn.

Headwear

12.6.2 Staff issued with headwear must wear it at all times when performing outside duty. Staff in vehicles must replace their headwear on leaving.

12.6.3 When on foot patrol, male constables and sergeants must wear the beat duty helmet. This item conforms to Standard EN 397:1995, as does the industrial hard hat.

12.6.4 When staff, for religious reasons, wear alternative headwear to the item provided for the role/task being performed, s/he should be aware of the implications of any loss of protection and discuss deployment / health and safety issues with his/her line manager. Each case should be considered on an individual basis. The assistance of the Health and Safety Unit can be sought.

12.6.5 The style of alternative headwear is a matter of personal choice but must be neat and presentable. Any material chosen must be of a matt finish and the colour in keeping with the main uniform. Staff are reminded that certain synthetic fibres can represent a danger if they come into contact with flame and must therefore be avoided. The best materials are wool based. Detailed advice can be obtained from Uniform Services. There is no requirement for the Service badge or chequered banding to be worn on this item.

12.6.6 The beat duty helmet will be worn with the skull cap.

12.6.7 When a hijaab is worn in place of the Service issue bowler hat, or under the bowler if the wearer prefers, the wearers face and any Service insignia and numbering must remain visible. To ensure that any risk to health and safety is minimised, the hijaab must be fixed in such a way that allows quick release. The use of press studs or Velcro type patch will assist in achieving this. If a high visibility jacket is being worn, the hijaab must be tucked inside the collar. When worn without the added head protection of a bowler and a risk assessment requires the wearing of a bowler hat, a protective insert, available from Uniform Services must be worn.

12.6.8 Security staff must wear their headwear when on patrol or access control inside buildings.

12.6.9 In accordance with the MPS Police Use of Firearms policy, blue baseball caps must only be worn by firearm officers. Blue bump caps will only be worn by staff who are POLSA trained and for no other role, unless authorised for that particular role by the Clothing Board.

Shirt sleeve order

12.6.10 Staff may wear shirt sleeve order when working in a building. Elsewhere, a consistent approach should be encouraged. Line managers may stipulate whether shirt sleeve order is to be worn by groups or individuals provided it is reasonable and practicable. Any clothing worn under the shirt must be of a colour to be inconspicuous under uniform shirts.

12.6.11 When long sleeved shirts are worn, a tie or cravat must be worn. The sleeves may be folded up to just above the elbow, provided that a tidy appearance is maintained.

12.6.12 When short sleeved shirts are worn open at the neck:
• only the top button can be unfastened;
• underclothing must not be visible at the neck;
• a tie or cravat must be worn if wearing an outer garment. The exception being when there is a requirement to wear, over a shirt in warm weather, a high visibility jacket.

12.6.13 Staff may choose the ratio of long and short sleeve shirts they possess up to the authorised maximum issue but must have some of each type available, so that they can comply with any dress code directed.

Ties or cravats

12.6.14 A tie or cravat must be worn with a long sleeved shirt. Also with a short sleeve shirt when any item of outer clothing such as a pullover, tunic or anorak is worn ('Metvest', is not classed as a garment). In addition, a tie or cravat must be worn when directed by a line manager.

12.6.15 Tie pins and badges can be a health and safety risk and therefore must not be worn. Nevertheless there will be occasions where official badges may be worn. These must be sanctioned by the Clothing Board in the first instance and if worn, individuals must ensure that the badge is securely fastened at all times.

Anoraks

12.6.18 Anoraks must be properly fastened and not be worn open at the front. The collar must be turned down except when needed to improve protection in inclement weather.

High visibility jackets

12.6.19 High visibility jackets must be worn when directing or dealing with traffic or any other duty where staff may be exposed to hazardous situations. They must also be used when riding a pedal cycle on duty. In all cases they must be properly fastened for maximum visibility, and epaulettes worn. Staff may be directed to wear high visibility jackets by line-management, an operation order or, as indicated by a risk assessment. Staff on mobile patrol must have them available in the vehicle.

12.6.20 Police officers riding on motorcycles, must wear the high visibility jacket at all times between 1 October and 31 March. From 1 April to 30 September, during daylight hours only, an 'H-belt' may be worn at an officer's discretion, subject to an individual risk assessment. A high visibility jacket must still be carried at all times and worn when an officer stops to deal with a road incident of any nature. ( Police Response to Incidents on Motorways and other 'Fast Roads')

Trousers and skirts

12.6.21 Female staff may normally wear trousers or a skirt at their discretion. However, trousers must be worn if required to be so based on a risk assessment. Directions concerning trousers and skirts will be included in any operation order. It should be remembered that generally, trousers will be more suitable for safety reasons.

Waterproof over trousers

12.6.22 Waterproof over trousers must only be worn with a lightweight or heavyweight anorak or, with a high visibility jacket.

Belts

12.6.23 Belts must be worn with uniform trousers and skirts. The equipment belt may be worn as an additional belt by authorised users. This is the only authorised method of carriage for uniformed police officers and uniformed police staff.

Socks and stockings/tights

12.6.24 Socks must be dark blue or black. Female officers and traffic wardens wearing skirts must wear black stockings or tights. Other uniformed staff may wear black, dark blue or natural.

Scarves

12.6.25 Scarves must only be worn with the anorak and in such a way that the face is not obscured. The ends must be worn inside the outer garment. Only service issue scarves may be worn.

Epaulettes

12.6.26 Where provided, epaulettes with identifying letters and numerals or insignia of rank must be worn and must be correct and visible at all times.

Gloves

12.6.27 Gloves may be worn at the user's discretion however, they must not be worn with shirt sleeve order.

Footwear

12.6.28 Footwear must be strong, smart, serviceable and appropriate to uniform wear. It must be made from leather or imitation leather of a plain pattern without embellishment or exaggerated shape.

Officer Safety Equipment

12.6.29 Officer Safety equipment must be carried in the appropriate pouches on the equipment belt and only authorised items of equipment may be carried on it.

12.6.30 Body armour has been issued for certain work activities for an individual's personal protection. It must be worn in accordance with instruction.

12.6.31 For policy relating to Officer Safety Equipment see (Officer Safety Training – Officer Safety Equipment SOP)

Medals and ribbons

12.6.32 Only those medals, orders and decorations authorised by the Sovereign, and their respective ribbons, may be worn and only on a tunic (left side). The occasions on which they may be worn are shown in Operational Orders. Ribbons may be worn as soon as the award is announced.

12.6.33 Royal Humane Society medals are worn on the right-hand side above the pocket on the male's tunic and in a similar position above the yoke seam on the female's.

Torches

12.6.34 All police officers, traffic wardens and police community support officers must carry torches during the hours of darkness. Privately purchased torches may be carried, but they must be constructed to hold a maximum of two H20/HP2 type batteries.

13 Uniformed (including corporate wear) police staff in a non enforcement role

13.1 Uniform or corporate wear must be worn by those issued with it unless specifically directed otherwise by their line manager. Although some roles may not require direct contact with the public, staff are easily identified as members of the MPS. They are therefore expected to maintain the standards of non uniformed colleagues, as outlined in paragraph 14 below, in relation to hair and jewellery and for individual items of clothing, the guidelines for uniformed staff with an enforcement role will apply.

13.2 It is recognised that some type of work for example, grooming, may make adopting the formal standard of dress impractical. Line managers are expected to ensure staff are aware of local standards and that this standard is maintained.

14 Police officers and police staff employed in non uniformed roles

14.1 To portray a professional and favourable image to the public, visitors, and amongst colleagues, the general appearance of staff who work in non uniformed roles must conform to contemporary standards of conventional dress wear. Staff who wish to wear appropriate formal clothing from their own cultural background may do so. All clothing must be smart, business like and appropriate to the working environment. Sportswear, jeans, leggings, trainers, or clothing with indiscrete advertising logos, or other messages, are not appropriate.

14.2 Hair styles must be neat and take account of any safety requirement for the role performed. Where staff are required to meet with the public, the directions to uniformed staff concerning hair colour will apply.

14.3 Staff may wear moderate formal jewellery, as long as it is consistent with their role.

14.4 The MPS is committed to ensuring that, wherever possible, the diverse needs of all staff are met, provided that they do not conflict with, or compromise, the delivery of operational services and obligations under Health and Safety Legislation and the overall requirements and standards, as set out in this Guidance and the Dress Code Policy. If an individual has a particular requirement they believe is not addressed in these guidelines, s/he should discuss this with their line manager who can seek further advice from their HR unit.

          


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IN DEPTH FOCUS ON PCSO POWERS

Many PCSOs are surprised when they realise the powers available to them as ordinary citizens of England and Wales. Most people have heard of the “Citizens Arrest” and some have even exercised the power - especially if they have worked as a store detective.

However few people perhaps really understand the extent of their powers - and just as importantly, the limitation of those powers.

As a PCSO, you have access to the “Citizen’s” powers. You MUST know the extent and the limitations of those powers. You are accountable. If an arrest is made where there is no “power” then your action are unlawful. This can lead to a criminal case being “lost” at court or action taken in a civil court for damages.

It would be a good idea to refresh your understanding of The Human Rights Act (PLAN). You will always need to be able to justify your actions.

This section deals with Common Law powers and Section 24 of the Police and Criminal Evidence Act 1984 (PACE).

BACKGROUND

There are three ways in which a person may be brought before a criminal court: summons, arrest with warrant and arrest without warrant. These powers of arrest differ according to the seriousness of the offence and the circumstances under which it takes place.

Not one of these three methods is better than any other. Each has a use in the appropriate circumstances. Remember that arrest should not be a form of punishment, it is merely one of the ways of bringing a person before the court.

The three ways are:

  • by summons
    o PCSOs do not report people for summons. However a summons may be issued after you issue a fixed penalty notice and the person elects to go to court
  • by arrest on warrant
    o Warrants are addressed to Constables, therefore PCSOs will not execute (carry out) warrants
  • by arrest without a warrant.
    o This is the area you need to understand.

Any Person Powers of Arrest

Basically, a summons is a document that tells the accused to attend the court at some date in the future. A warrant, on the other hand, is a court order that tells the police officer to actually go and arrest the person.

Before considering using a power of arrest, you must be sure that the power exists!

Common Law

The Common Law of this country, which is the oldest form of law, gave power of arrest to ‘any person’ for many offences. Later, with the creation of statute law, which included special powers of arrest, Common Law powers were largely replaced.

However, there is still one Common Law power of arrest in common usage, and this relates to ‘Breaches of the Peace’.

A Breach of the Peace means either:

• fighting

or

• the use of violence to people or property (in the person’s presence)

If a breach of the peace is taking place, or is likely to take place, any person may arrest any person causing any such breach of the peace. This power can be exercised anywhere - in a premises or public place; any person may enter premises by force if necessary, either to stop or prevent a breach of the peace.

In such cases, you must first state who you are, and demand admission. The breach of the peace power will only be resorted to if all other options available in statute law are exhausted.

Having said all that, You are NOT police officers. Consider your tactical options.

“There is no expectation of contact in high risk situations.”

Just because you can, doesn’t mean you will!

Any Person Powers of Arrest

Statute Law

A power of arrest that is given by an Act of Parliament is called a statutory power of arrest. These powers fall into three groups:

  1. ‘Arrestable Offences’, under PACE
  2. Arrest under the ‘General Arrest Conditions’ of PACE
  3. Powers contained in other Acts
This section is concerned with 1 above.

(2 is a “Police Officer only” power; 3 will be dealt with later).

OLD POWERS (2005) (repealed)
Arrestable Offences

Serious offences like stealing, deliberate damage to property and assaults causing injury have been given special powers of arrest. Before you can consider exercising these special powers of arrest, you need to know that serious offences are defined by S24 of the Police and Criminal Evidence Act 1984 as ‘Arrestable Offences’.

An ‘Arrestable Offence’ is one where:

> the offence carries a penalty of 5 years imprisonment - or more (i.e. Theft)

or

> the penalty is fixed by law (i.e. Murder)

or

> the offence has been defined as an ‘Arrestable Offence’ in an Act of Parliament (i.e. Driving whilst Disqualified)

These are all examples of offences for which the maximum penalty on first conviction is five years or more (these are therefore ‘Arrestable Offences’).

  • Theft
  • Assault causing injury
  • Criminal damage
  • Burglary

These are all examples of an ‘Arrestable Offence’ by statute -

Schedule 1A of PACE:

  • Taking a conveyance (“joy riding”)
  • Going equipped (i.e. having a screwdriver and a torch to go burgling)
  • Possession of an offensive weapon (i.e. pepper being carried “for protection”)
  • Possession of an article with a blade or point
  • Driver failing to stop after a road traffic collision which has injured someone else
  • Assaulting a police officer
  • Disqualified driving

Any Person Powers, S24 PACE 1984

There are 2 parts to the S24 PACE Powers.
Part 1:

a. Any person may arrest anyone who is committing an Arrestable Offence
b. Any person may arrest anyone whom they have reasonable grounds to suspect is committing an Arrestable Offence

Part 2:

a. Where an Arrestable Offence has been committed, any person may arrest anyone who is guilty of the offence
b. Where an Arrestable Offence has been committed, any person may arrest anyone whom they have reasonable grounds to suspect is guilty of the offence

You MUST know an Arrestable Offence is happening or has happened, for example, if someone snatched your wallet or purse without your permission you would know it was being stolen.

As you have seen, the powers of arrest refer to ‘reasonable grounds’. Grounds which are merely a hunch or feeling are not reasonable. Reasonable means that your grounds must be based on objective facts that another person could evaluate.

For example: their behaviour, in addition to the time or place where a person is, and/or any property they are carrying, and/or information from witnesses.

Nothing in this section implies that you are expected to make arrests. Consider all your tactical options.
You should follow the Personal Safety Model and Safe System of Work before any contact is made.

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          2008 PCSO POWERS

check your 2008 PCSO
POWERS HERE

The Powers coming into force on 1st December still do little to assist PCSO's in their day to day duties and the reality of the role. The majority of the powers that would "give us teeth" and assist in making us effective are still at Chief Officers discretion. The fact that this is the case will do little to allay public confusion and nothing in creating a national standard. PCSO's will again have little legislation to fall back upon to assist their PC colleagues and certainly in my force reducing red tape. At the moment all FPN's for disorder cannot be street issued, the suspect must be taken to custody to be ID's on livescan and documented. BTW PCSo's in my Force cannot issue FPN's for disorder. I think the most important Powers have been ignored, particularly powers to detain and to search. Often we need to detain a person for a PC to attend, usually kids with booze and or drugs, at the moment we ask them to wait (this is a unlawful detention) or ask them to turn out their bag / pockets (unlawful search). This is leaving PCSO's open to complaints and discipline and rightfully so, and also the force to litigation which as we all know can be costly. From: Big-Si
To: falkor
Posted: 18 Sep 2007
Subject: Re: 2008 PCSO POWERS

       2008 PCSO POWERS      
From: m_clements207
To: falkor
Posted: 13 Sep 2007 05:23
Subject: Re: standard powers?

I looked for this information as I felt that extra powers are required within my force (Northumbria) and heard that standard powers were being issued in future months. I feel that in this current climate of health and safety amongst members of the public and the police family, extra powers are required. I feel that PCSO's are working within communities as a high visibility presence, but I also feel that we should also be there to protect the public and if that includes detaining suspects on suspicion of theft, and on offences such as drunk and disorderly then so be it. Personally, I feel that we should have been issued with the power to detain, and the power to stop vehicles and issue HORT 1 (producers) to drivers. Giving us these extra powers would make us more effective on the beats we work on, and help to relieve pressure on our already overstretched PC's.

check your 2008 PCSO
POWERS HERE




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