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I have just been cut up on a dual carriageway by a bad driver who then took their time to join the roundabout. The driver got out and approached me and said they would not move off until I had put down my bottle of water. A little naughty I know but I only took a sip whilst the car was in neutral and the handbrake on. This person had an identification card on which said police but would they have the right to take this action if they are off duty? Does a civilian working for the police have any powers.

2006-09-08 06:03:00 · 27 answers · asked by cobster 2 in Politics & Government Law Enforcement & Police

27 answers

IF THE PERSON WAS A POLICE OFFICER, THEN THEY ARE ALWAYS ON DUTY AND IT IS THERE RESPONSIBILITY TO DEAL WITH CRIME THAT THEY COME ACROSS. IF THE PERSON IS A CIVILIAN THEN THEY HAVE COMMON LAW POWERS, SHOULD THEY SEE A CRIME BEING COMMITTED ( SUCH AS A THEFT, ASSAULT, BURGLARY) AND THEY CAN PERFORM AN ARREST FOR THE PURPOSE OF DETAINING THE CULPRIT FOR A POLICE OFFICER TO ARREST. NEITHER CIVILIAN NOR POLICE OFFICER HAS THE RIGHT TO DETAIN OR BREAK THE LAW, AND AN OFFICER CAN ONLY DETAIN FOR A CRIMINAL OFFENCE WHICH AS FAR AS I AM AWARE DRINKING FOR A BOTTLE OF WATER IN A CAR IS NOT....UNLESS YOU'RE MOVING AND DRIVING WITHOUT DUE CARE AND ATTENTION. BUT THE OFFICER ALSO HAS TO HAVE A MARKED POLICE VEHICLE AND SAFETY EQUIPMENT TO USE TO PULL A CAR OVER SAFETY.
AS A POLICE OFFICER MYSELF I DON'T THINK WHO EVER DID THIS WAS ACTING LAWFULLY AND WAS BEING A BIT OF A PRAT.

2006-09-08 09:30:09 · answer #1 · answered by phil j 2 · 3 0

1

2016-06-10 03:24:36 · answer #2 · answered by Santiago 3 · 0 0

Yes a police officer does have authority while they are off duty. They cannot go around looking for trouble, but if it is there they can help deal with it. No a civilian working for the police does not have any powers besides that they are probably friends with some of the cops and they can use that to their advantage by having a cop back them up or something. The only thing that civilian or any other civilian for that matter can do, is a citizens arrest.

2006-09-08 06:08:21 · answer #3 · answered by Anonymous · 0 0

Further to the answer by Phil. J that has seemed to clarify the situation adequately for you, the answer to the last part of your question would generally come under:

S.24 (4) and S. 24 (5) of the Police and Criminal Evidence Act 1984.

This covers the arrest of a suspect by a member of the public. It is not a law I would encourage anyone to invoke and you should always contact the police and let them do their job unless it is under extremely exceptional circumstances and you are certain of what you are doing.

If the person was a civilian working for the police and they stated they were a police officer then they are comitting an offence by impersonating a police officer. This is a serious offence and should be reported.

Hope this makes the rest of the situation clear.

2006-09-10 01:04:26 · answer #4 · answered by LYN W 5 · 0 0

UK police officers are never truly off duty in that they are duty bound to act if a crime is committed. However, the scenario you described (and you were a little lenient with the truth werent you?!!) is not part of the duty expected of an off duty officer. Only an officer in full uniform would have the legal right to stop you for such a thing. NO CIVILIANS working at police stations have any powers at all. Any civilian or police officer doing what you describe is abusing their authority.

2006-09-09 08:50:09 · answer #5 · answered by Anonymous · 0 0

In England a police officer is never off duty, they take an oath to protect others from anyone breaking the law, A civilian working for the police as the same powers as any normal person and that is of making a civilian arrest

2006-09-08 06:34:19 · answer #6 · answered by mushy peas 2 · 2 0

Answer to your question - Yes, they go off duty, but like all citizens if we encounter criminal activity we should not turn a blind eye. Police officers 'off duty' will usually become 'on duty' when they come across crime being committed or the law being broken.
People critical of the police forget that officers are regularly called in to attend trials in court when they are on rest days, its no fun!
As for Police Civilian staff - no they don't have warrant cards, and therefore do not have the same powers of arrest as a police officer anymore than PCSO's do!

2006-09-08 10:28:48 · answer #7 · answered by lippz 4 · 1 0

As stated already: police are never off duty as such, which basically means they still retain their powers to arrest, search and question. Such as under PACE Legislation.

If a police officer is off duty it simply means they are not getting paid and they are in their own time.

Must officers would not be bothered to intercede in the situation as described unless you have done something else such as a two fingered salute or some other gesture to piss them off. Mind you there are always a minority who fall in to the knob category so you may have met one of them, they usually are probationary officers with no common sense!

Civilians working for the police have next to no power under the law, a few such as Scenes of Crime Officers have the power to accompany police onto premises to carry out an examination, but no powers of arrest etc.

2006-09-09 08:52:13 · answer #8 · answered by Anonymous · 0 0

o1) grow up
(2) get a life
(3) no civil staff have any powers other than those waste of space pcso's
(4) a real police officer would never do such a thing so i think you are telling lies and have just bees summonsed or summat.
(5) police officers are committed to fighting crime and protecting people and will respond off duty. they automatically become on duty once they indent themselves

you are probably a walter mitty wishy was and served two years in the army b4 pvring because mummy couldnt piss straight. aaaaarrrrrgggghhh

2006-09-08 07:57:04 · answer #9 · answered by muttentrumpet 2 · 1 0

PCSOs are the only civillians that work for the Police that have powers. However all forces have ID cards for their staff that say "Police" on them - it doesn't mean they're a Police Officer. Only if they showed you a warrant card and it should say that on their, or have the officer's rank shown on it. It sounds like you were either stopped by a civvie or a brand spanking new Police officer who didn't know better.

2006-09-10 16:04:12 · answer #10 · answered by ragill_s1849 3 · 0 0

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