This is a quiz for PCSOs who want to test their knowledge on SOCAP and the new ANY PERSON powers
SOCAP means
serious organised crime & police act 2005
special official crime act for police and pcsos
special occasional commission for articles of police 2005
serious official commission for actions of police
special offences captions and police 2005
serious offences crimes and police actions 2005
SOCAP came into force on
1 DEC 2005
1 JAN 2006
1 NOV 2005
1 FEB 2006
15th Jan 2006
15 DEC 2005
SOCAP amends sections of PACE to substitute "indictable offence" for references to "arrestable offence" and "serious arrestable offence" indictable offence means:
an offence that must be tried on indictment at the Crown Court (eg murder,manslaughter, rape).
an offence that must be tried on indictment at the Crown Court (eg murder,manslaughter, rape) but for SOCAP also includes 'EITHER WAY' offences so such offences can be tried either on indictment at the Crown Court or summarily at the Magistrates’ Court (eg theft, burglary, assault occasioning actual bodilyharm).
an offence that 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)
an offence that can be tried at the Magistrates’ Court or a County Court (viz criminal or civil).
certain sections of PACE were repealed at the time that SOCAP began
s25 PACE (general arrest conditions)
s24 PACE (arrestable offences powers)
Schedule 2 of PACE (Preserved Powers)
s1 PACE (Searching)
NEW POLICE POWER OF ARREST, the new law allows a constable to arrest for an offence IF there are reasonable grounds to believe the arrest is necessary for a specified reason ONE OF THE ANSWERS BELOW IS NOT a specified reason, which is it?
Name not known/doubtful
To prevent the person in question— suffering physical injury
To prevent the person in question— causing loss of or damage to property
To prevent the person in question— committing an offence against public decency
To prevent the person in question— causing highway obstruction
To prevent the person in question— causing harassment alarm or distress to another person
to protect a child/vulnerable person from the person
Address not known/doubtful
ANY PERSON POWER OF ARREST, the new law allows any person to arrest for an indictable offence IF there are reasonable grounds to believe the arrest is necessary for a specified reason IN ADDITION TO BEING NECESSARY FOR A SPECIFIED REASON what other factor does SOCAP say is necessary before 'any person' can make the arrest?
Not reasonably practicable for a constable to make the arrest
The person has been authorised by a constable to make the arrest
Not reasonably practicable for the arrest to be dealt with by way of summons
The person has first person evidence of the indictable offence being investigated
The person has reasonable grounds to believe that a breach of the peace is occuring or will occur or may occur
Not reasonably practicable for the arrest to be dealt with by way of FPN
ANY PERSON POWER OF ARREST, the new law allows any person to arrest for an indictable offence IF there are reasonable grounds to believe the arrest is necessary for a specified reason which of the following would be a SPECIFIED REASON for "any person" ?
Causing loss of or damage to property
Address not known/doubtful
To prevent the person in question — committing an offence against public decency
To prevent the person in question — causing highway obstruction
To prevent the person in question — causing harassment alarm or distress to another person
To prevent the person in question — causing a breach of the peace
To prevent the person in question— disposing of an item that might be evidence
To prevent the person in question— interfering with the administration of justice e.g. harassment of a witness
To prevent the person in question— communicating with co-offenders
Name not known/ doubtful
ANY PERSON POWER OF ARREST, the new law allows any person to arrest for an indictable offence :under the new law an indictable offence would be
burglary
causing harassment alarm or distress (s5 POA)
cycling on the footway
drunk and disorderly
ANY PERSON POWER OF ARREST, the new law allows any person to arrest for an indictable offence :under the new law an indictable offence would be
shoplifting
highway obstruction
communicating with co-offenders
breach of the peace
ANY PERSON POWER OF ARREST, the new law allows any person to arrest for an indictable offence :under the new law an indictable offence would be
affray
driving with excess alcohol
being in charge of a motor vehicle with excess alcohol
assaulting a policeman in the execution of his duty
micky says "You see a person driving your car. You are off duty behind him in a friends car. He stops your car, gets out of it and starts to walk away. There is no damage to the car and the suspect drove it impeccably." What can you do?
Arrest him as any person can arrest for taking a car without consent. This offence is indictable. And any person can arrest for indictable offences under SOCA 2005
Detain him using your powers under Police Reform Act 2002
Follow him and call the police. Taking a car without consent is a summary only offence and so only a constable would have a power of arrest under soca 2005.
Call the police only. PCSOs are not allowed to do plain clothes so I would not be able to follow him. Taking a car is a summary only offence so only a constable would have a power of arrest under SOCA 2005.
micky says "A PCSO wants to issue a fixed penalty ticket to a person for a Relevant Offence. The PCSO asks the person for his name and address and he refuses. The PCSO requires him to wait with him for the arrival of a police constable."
which of these are true?
If the constable arrives within thirty minutes of the PCSO making the requirement the PCSO is under a duty to remain with the constable and the person on whom the requirement was made until the PCSO has handed over control to the constable.
The PCSO must complete a duplicate fixed penalty notice and hand the copy to the Constable for his records
As soon as the Constable arrives the PCSO must resume his patrols.
The thirty minutes can, in exceptional circumstances, be increased in ten minute increments, on the authority of an Inspector and providing that a constable is on his way and the reason for the constable not getting there in thirty minutes is reasonable.
micky says "A PCSO who has required a person to wait with him for failing to give his name and address after he committed a relevant offence can ask the person who has been required to wait whether they would prefer to accompany him to the police station. If the person elects to accompany the person to the police station when can the PCSO return to his patrols?"
after he has handed over control of the person to a Constable
after he has handed over control of the person to any Sergeant
after he has handed over control of the person to the Custody Officer
after he has obtained the persons name and address
micky says "When a person elects to accompany a PCSO to the Police Station. The PCSO is under a duty to do certain things."
He is under a duty to prevent escape whilst on route to the police station
He is under a duty to go by the shortest route on foot.
He is under a duty to assist in keeping the person under control whilst on route to the police station.
He is under a duty to remain at the police station until he has transferred control of the person to the custody officer there. He shall also be under a duty to prevent the person's escape and to assist in keeping the person under control."
