Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
171

4
After paragraph 3 insert—
“Power to require name and address: road traffic offences
3A    (1)
Where a designation applies this paragraph to any person, that
person shall, in the relevant police area, have the powers of a
constable—
5
(a)
under subsection (1) of section 165 of the Road Traffic Act
1988 to require a person mentioned in paragraph (c) of that
subsection whom he has reasonable cause to believe has
committed, in the relevant police area, an offence under
subsection (1) or (2) of section 35 of that Act (including that
10
section as extended by paragraphs 11B(4) and 12(2) of this
Schedule) to give his name and address; and
(b)
under section 169 of that Act to require a person
committing an offence under section 37 of that Act
(including that section as extended by paragraphs 11B(4)
15
and 12(2) of this Schedule) to give his name and address.
      (2)
Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a
requirement imposed by virtue of sub-paragraph (1) as they apply
in the case of a requirement under sub-paragraph (2) of that
paragraph.
20
      (3)
The reference in section 169 of the Road Traffic Act 1988 to section
37 of that Act is to be taken to include a reference to that section as
extended by paragraphs 11B(4) and 12(2) of this Schedule.”
5
After paragraph 8 insert—
“Entry to investigate licensing offences
25
8A    (1)
Where a designation applies this paragraph to any person, that
person shall have the powers of a constable under section 180 of
the Licensing Act 2003 to enter and search premises other than
clubs in the relevant police area, but only in respect of a relevant
licensing offence (as defined for the purposes of paragraph 2
30
above).
      (2)
Except as mentioned in sub-paragraph (3), a person to whom this
paragraph applies shall not, in exercise of the power conferred by
sub-paragraph (1), enter any premises except in the company, and
under the supervision, of a constable.
35
      (3)
The prohibition in sub-paragraph (2) does not apply in relation to
premises in respect of which the person to whom this paragraph
applies reasonably believes that a premises licence under Part 3 of
the Licensing Act 2003 authorises the sale of alcohol for
consumption off the premises.”
40
6
After paragraph 11A insert—
“Power to control traffic for purposes other than escorting a load of exceptional
dimensions
11B   (1)
Where a designation applies this paragraph to any person, that
person shall have, in the relevant police area—
45

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
172

(a)
the power of a constable engaged in the regulation of
traffic in a road to direct a person driving or propelling a
vehicle to stop the vehicle or to make it proceed in, or keep
to, a particular line of traffic;
(b)
the power of a constable in uniform engaged in the
5
regulation of vehicular traffic in a road to direct a person
on foot to stop proceeding along or across the
carriageway.
      (2)
The purposes for which those powers may be exercised do not
include the purpose mentioned in paragraph 12(1).
10
      (3)
Where a designation applies this paragraph to any person, that
person shall also have, in the relevant police area, the power of a
constable, for the purposes of a traffic survey, to direct a person
driving or propelling a vehicle to stop the vehicle, to make it
proceed in, or keep to, a particular line of traffic, or to proceed to
15
a particular point on or near the road.
      (4)
Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing
to comply with directions of constable engaged in regulation of
traffic in a road) shall have effect in relation to the exercise of the
powers mentioned in sub-paragraphs (1) and (3), for the purposes
20
for which they may be exercised and by a person whose
designation applies this paragraph to him, as if the references to a
constable were references to him.
      (5)
A designation may not apply this paragraph to any person unless
a designation also applies paragraph 3A to him.”
25
7
After paragraph 13 insert—
“Power to place traffic signs
13A   (1)
Where a designation applies this paragraph to any person, that
person shall have, in the relevant police area, the powers of a
constable under section 67 of the Road Traffic Regulation Act 1984
30
to place and maintain traffic signs.
      (2)
Section 36 of the Road Traffic Act 1988 (drivers to comply with
traffic directions) shall apply to signs placed in the exercise of the
powers conferred by virtue of sub-paragraph (1).”
8
After paragraph 15 insert—
35
“Photographing of persons arrested, detained or given fixed penalty notices
15ZA
Where a designation applies this paragraph to any person, that
person shall, within the relevant police area, have the power of a
constable under section 64A(1A) of the Police and Criminal
Evidence Act 1984 (photographing of suspects etc.) to take a
40
photograph of a person elsewhere than at a police station.”
Investigating officers
9
In paragraph 16 (search warrants)—

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
173

(a)
in paragraph (a), for “in the relevant police area” substitute
“whether in the relevant police area or not”,
(b)
in paragraph (e), for “in respect of premises in the relevant police
area” substitute “, but in respect of premises in the relevant police
area only,”.
5
10
After paragraph 16 insert—
“16A
Where a designation applies this paragraph to any person—
(a)
the persons to whom a warrant may be addressed under
section 26 of the Theft Act 1968 (search for stolen goods)
shall, in relation to persons or premises in the relevant
10
police area, include that person; and
(b)
in relation to such a warrant addressed to him, that person
shall have the powers under subsection (3) of that
section.
16B
Where a designation applies this paragraph to any person,
15
subsection (3), and (to the extent that it applies subsection (3))
subsection (3A), of section 23 of the Misuse of Drugs Act 1971
(powers to search and obtain evidence) shall have effect as if, in
relation to premises in the relevant police area, the reference to a
constable included a reference to that person.”
20
11
In paragraph 17 (access to excluded and special procedure material)—
(a)
in paragraph (b)(ii), at the end add “(in the case of a specific
premises warrant) or any premises, whether in the relevant police
area or not (in the case of an all-premises warrant);”,
(b)
in paragraph (bc), for “in respect of premises in the relevant police
25
area” substitute “, but in respect of premises in the relevant police
area only,”.
Detention officers
12
After paragraph 33 insert—
“Taking of impressions of footwear
30
33A
Where a designation applies this paragraph to any person—
(a)
he shall, at any police station in the relevant police area,
have the powers of a constable under section 61A of the
1984 Act (impressions of footwear) to take impressions of
a person’s footwear without the appropriate consent; and
35
(b)
the requirement by virtue of section 61A(5)(a) of the 1984
Act that a person must be informed by an officer that an
impression of his footwear may be the subject of a
speculative search shall be capable of being discharged, in
the case of a person at such a station, by his being so
40
informed by the person to whom this paragraph
applies.”

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 2 — Accredited persons
174

Part 2
Accredited persons
13
Schedule 5 to the Police Reform Act 2002 (c. 30) (powers exercisable by
accredited persons) is amended as follows.
14
In paragraph 2 (power to require giving of name and address), in sub-
5
paragraph (3), after paragraph (a) insert—
“(aa)
an offence under section 3 or 4 of the Vagrancy Act 1824;
or”.
15
After paragraph 3 insert—
“Power to require name and address: road traffic offences
10
3A    (1)
An accredited person whose accreditation specifies that this
paragraph applies to him shall, in the relevant police area, have
the powers of a constable—
(a)
under subsection (1) of section 165 of the Road Traffic Act
1988 to require a person mentioned in paragraph (c) of that
15
subsection whom he has reasonable cause to believe has
committed, in the relevant police area, an offence under
subsection (1) or (2) of section 35 of that Act (including that
section as extended by paragraphs 8B(4) and 9(2) of this
Schedule) to give his name and address; and
20
(b)
under section 169 of that Act to require a person
committing an offence under section 37 of that Act
(including that section as extended by paragraphs 8B(4)
and 9(2) of this Schedule) to give his name and address.
      (2)
The reference in section 169 of the Road Traffic Act 1988 to section
25
37 of that Act is to be taken to include a reference to that section as
extended by paragraphs 8B(4) and 9(2) of this Schedule.”
16
After paragraph 8A insert—
“Power to control traffic for purposes other than escorting a load of exceptional
dimensions
30
8B    (1)
A person whose accreditation specifies that this paragraph
applies to him shall have, in the relevant police area—
(a)
the power of a constable engaged in the regulation of
traffic in a road to direct a person driving or propelling a
vehicle to stop the vehicle or to make it proceed in, or keep
35
to, a particular line of traffic;
(b)
the power of a constable in uniform engaged in the
regulation of vehicular traffic in a road to direct a person
on foot to stop proceeding along or across the
carriageway.
40
      (2)
The purposes for which those powers may be exercised do not
include the purpose mentioned in paragraph 9(1).
      (3)
A person whose accreditation specifies that this paragraph
applies to him shall also have, in the relevant police area, the

Serious Organised Crime and Police Bill
Schedule 9 — Additional powers and duties of designated persons
175

power of a constable, for the purposes of a traffic survey, to direct
a person driving or propelling a vehicle to stop the vehicle, to
make it proceed in, or keep to, a particular line of traffic, or to
proceed to a particular point on or near the road.
      (4)
Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing
5
to comply with directions of constable engaged in regulation of
traffic in a road) shall have effect in relation to the exercise of the
powers mentioned in sub-paragraphs (1) and (3), for the purposes
for which they may be exercised and by a person whose
accreditation specifies that this paragraph applies to him, as if the
10
references to a constable were references to him.
      (5)
A person’s accreditation may not specify that this paragraph
applies to him unless it also specifies that paragraph 3A applies to
him.”
17
After paragraph 9 insert—
15
“Photographing of persons given fixed penalty notices
9ZA
An accredited person whose accreditation specifies that this
paragraph applies to him shall, within the relevant police area,
have the power of a constable under section 64A(1A) of the Police
and Criminal Evidence Act 1984 (photographing of suspects etc.)
20
to take a photograph, elsewhere than at a police station, of a
person to whom the accredited person has given a penalty notice
(or as the case may be a fixed penalty notice) in exercise of any
power mentioned in paragraph 1(2).”
Schedule 9
25
Section 113

Additional powers and duties of designated persons
1
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by
police civilians) is amended as follows.
Community Support Officers
2
In paragraph 2 (power to detain etc.), after sub-paragraph (4) insert—
30
   “(4A)
If a person has imposed a requirement under sub-paragraph (3)
or (3A) on another person (“P”), and P does not make an election
under sub-paragraph (4), the person imposing the requirement
shall, if a constable arrives within the thirty-minute period, be
under a duty to remain with the constable and P until he has
35
transferred control of P to the constable.
     (4B)
If, following an election under sub-paragraph (4), the person
imposing the requirement under sub-paragraph (3) or (3A) (“the
CSO”) takes the person upon whom it is imposed (“P”) to a police
station, the CSO—
40
(a)
shall be under a duty to remain at the police station until
he has transferred control of P to the custody officer there;

Serious Organised Crime and Police Bill
Schedule 9 — Additional powers and duties of designated persons
176

(b)
until he has so transferred control of P, shall be treated for
all purposes as having P in his lawful custody; and
(c)
for so long as he is at the police station, or in its immediate
vicinity, in compliance with, or having complied with, his
duty under paragraph (a), shall be under a duty to prevent
5
P’s escape and to assist in keeping P under control.”
3
In paragraph 4 (power to use reasonable force to detain person), in sub-
paragraph (3), after “making off” insert “and to keep him under control”.
4
After paragraph 4 insert—
“4ZA
Where a designation applies this paragraph to any person, that
10
person may, if he has imposed a requirement on any person under
sub-paragraph (3A) of paragraph 2, use reasonable force to
prevent that other person from making off and to keep him under
control while he is either—
(a)
subject to that requirement; or
15
(b)
accompanying the designated person to a police station in
accordance with an election made under sub-paragraph (4)
of paragraph 2.
4ZB
Where a designation applies this paragraph to any person, that
person, if he is complying with any duty under sub-paragraph
20
(4A) or (4B) of paragraph 2, may use reasonable force to prevent P
(as identified in those sub-paragraphs) from making off (or
escaping) and to keep him under control.”
Investigating officers
5
In paragraph 22 (power to transfer persons into custody of investigating
25
officers), in sub-paragraph (2)—
(a)
in paragraph (b), after “duty” insert “to keep that person under
control and”,
(b)
in paragraph (c), at the end add “and under his control”.
6
After paragraph 22 insert—
30
“Powers in respect of detained persons
22A
Where a designation applies this paragraph to any person, he
shall be under a duty, when in the course of his employment he is
present at a police station—
(a)
to assist any officer or other designated person to keep
35
any person detained at the police station under control;
and
(b)
to prevent the escape of any such person,

and for those purposes shall be entitled to use reasonable
force.”
40
Detention officers
7
After paragraph 33A (inserted by paragraph 12 of Schedule 8 to this Act)

Serious Organised Crime and Police Bill
Schedule 9 — Additional powers and duties of designated persons
177

insert—
“Powers in respect of detained persons
33B
Where a designation applies this paragraph to any person, he
shall be under a duty, when in the course of his employment he is
present at a police station—
5
(a)
to keep under control any person detained at the police
station and for whom he is for the time being responsible;
(b)
to assist any officer or other designated person to keep
any other person detained at the police station under
control; and
10
(c)
to prevent the escape of any such person as is mentioned
in paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.
33C
Where a designation applies this paragraph to any person, he
shall be entitled to use reasonable force when—
15
(a)
securing, or assisting an officer or another designated
person to secure, the detention of a person detained at a
police station in the relevant police area, or
(b)
escorting within a police station in the relevant police
area, or assisting an officer or another designated person to
20
escort within such a police station, a person detained
there.”
Escort officers
8     (1)
Paragraph 34 (power to take an arrested person to a police station) is
amended as follows.
25
      (2)
In sub-paragraph (1)(c)—
(a)
in paragraph (ii), after “duty” insert “to keep the person under
control and”,
(b)
in paragraph (iii), at the end add “and under his control”.
      (3)
After sub-paragraph (1)(c) add—
30
“(d)
a person who has taken another person to a police station
in exercise of the power conferred by virtue of paragraph
(a)—
(i)
shall be under a duty to remain at the police
station until he has transferred control of the other
35
person to the custody officer at the police station;
(ii)
until he has so transferred control of the other
person, shall be treated for all purposes as having
that person in his lawful custody;
(iii)
for so long as he is at the police station or in its
40
immediate vicinity in compliance with, or having
complied with, his duty under sub-paragraph (i),
shall be under a duty to prevent the escape of the
other person and to assist in keeping him under
control; and
45