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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

 

 

 
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