|
| |
|
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 |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
| |
11B (1) | Where a designation applies this paragraph to any person, that |
| |
person shall have, in the relevant police area— |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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.” |
| |
| |
9 | In paragraph 16 (search warrants)— |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
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 |
| |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
| |
| |
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; |
| |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
|
| |
|
| |
|
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 |
| |
| |
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).” |
| |
| 25 |
| |
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 |
| |
| 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; |
| |
|
| |
|
| |
|
(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) |
| |
| |
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.” |
| |
| |
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 |
| |
| |
(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; |
| |
| |
(b) | to prevent the escape of any such person, |
| |
| and for those purposes shall be entitled to use reasonable |
| |
| 40 |
| |
7 | After paragraph 33A (inserted by paragraph 12 of Schedule 8 to this Act) |
| |
|
| |
|
| |
|
| |
“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 |
| |
| 10 |
(c) | to prevent the escape of any such person as is mentioned |
| |
| |
| 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 |
| |
| |
| |
8 (1) | Paragraph 34 (power to take an arrested person to a police station) is |
| |
| 25 |
(2) | In sub-paragraph (1)(c)— |
| |
(a) | in paragraph (ii), after “duty” insert “to keep the person under |
| |
| |
(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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|