Community Support Officers?

Question

Can anyone please tell me what status in Law and what powers of arrest or detention does a CSO actually have? There seems to be so much spin and miss information about them that I don’t know who to believe.

Please only answer if you have FACT, not rumour or gossip.

Thanks

JB

Thanks Techie. That is a great artical. So, its as bad as I thought. It is a second class cheap rate Police force.

Answer 1

Power to require name and address

Police community support officers (PCSOs) can be designated with the power to require the name and address of a person who they think has committed a relevant offence under paragraph 2 of Part 1, Schedule 4, Police Reform Act 2002 (PRA).

Para 1A of Schedule 4 (introduced by Section 122 and para 2 of Sch 8 to the Serious Organised Crime and Police Act 2005) enables chief police officers to designate the power to require name and address without also designating the power of detention. Para 1A also allows a chief police officer to designate the power to require name and address for all or only some relevant offences.

Relevant offences are defined under para 2(6) of Schedule 4 and include:

relevant fixed penalty offences
relevant licensing offences*
relevant byelaw offences, in the area in which they apply
For details of all circumstances for which PCSO’s can require names and addresses, please refer to article What powers can a police community support officer be designed with?

A PSCO can only request the names and addresses of individuals suspected of committing a an offence within the area to which their designation applies (except for relevant licensing offences).

It is an offence to fail to comply with a requirement to give name and address from a PCSO under paragraph 2(2) and (5)(a)of Schedule 4 to the Police Reform Act 2002..

It is also an offence under s46 of the Police Reform Act 2002 to assault, resist or wilfully obstruct a PCSO or a person helping them in the execution of their duty.

Power to detain an individual

Under paragraph 2 of Part 1, Schedule 4, Police Reform Act 2002 (PRA), PSCOs can detain an individual if they believe them to have committed a relevant offence and where they fail when requested, to give a name and address, or give an answer which the PCSO reasonably suspects to be false or inaccurate.

In such instances designated PSCOs can:

detain a person for up to 30 minutes or until arrival of police officer, or;
accompany the person to a police station (if he or she elects to do so upon request);
use reasonable force to prevent a detained person making off.
PSCO’s can only be designated the power to detain if they have also been designated the power to require name and address.

* Para 2(3) of Schedule 4 PRA 2002 states that PCSOs cannot detain persons for refusal to give name and address if relevant licensing offences take place within licensed premises. Relevant offences under the Licensing Act 2003 are: S 141- Sale of alcohol to a person who is drunk; S 142- Obtaining alcohol for a person who is drunk; S 146- Sale of alcohol to children; S 149- Purchase of alcohol by or on behalf of children; S 150- Consumption of alcohol by children; S 152- Sending a child to obtain alcohol

Answer 2

In Texas, if the CSO holds a current and valid P.O. License through the Texas Commission on Law Enforcement Standards and Education, then they do have power of arrest/detention. Police Officers must pass a licensing exam similar to a Bar exam for attorneys, before they can be licensed as a law enforcement officer.

Answer 3

They only have powers to detain if their Chief Constable says they can - it's up to them, but the option is there is they want their PCSOs to have that power. Otherwise, they have the same powers of arrest that any member of public does. It's most certainly not Policing on the cheap... their starting pay is the same as that of a brand new probationary Police Constable. Having said that, the ones we have in our towns are very hard working and do a great job.

Answer 4

I know this doesn't answer your question but I just wanted to thank Techie for his answer ... This is something I have been meaning to read up on (for my work) but haven't bothered with and the need to hasn't arisen but I'll defo keep that answer (which you should vote as best).