Why do the police not have the powers to arrest people who sell cigarettes and DVD's on the streets?

Question

Near where I live their is a high that has lots of people who are blatantly selling DVD's and cigarettes/tobacco. They are there everyday, and are not discreet about their criminal behaviour, yet I have seen police/community support officers walk on by. Why do the police not have the powers to arrest them and hand them over to custom and exiles (or whoever it is that deals with the selling of illegal goods). On two occassions I have seen the sellers of illegal goods have their goods taken away and told to move on by people who I presume work for custom and exiles, yet the sellers are back within a few hours with more goods. Surely by having these people arrested will help to prevent this crime, which is usually linked to other crimes such as people and drug trafficking.

Answer 1

All crimes now in England and Wales carry the power of arrest. Offences are no longer classified as being either arrestable or reportable only. Under the Serious Organised Crime and Police Act 2005, all criminal offences in England and Wales carry a power of arrest should they satisfy one of a number of conditions including, but notwithstanding "to aid in the prompt and effective investigation of the offence".

If they have reasonable suspicion that the crime has been committed, if it is indeed a criminal offence (I'm not certain yet!) then they can be arrested.

PCSO's do not carry a power of arrest with them and their powers vary from force to force.

But like another has said, it is more a problem from Trading Standards and Customs, but I know I wouldn't ignore it if I were patrolling the streets and a constable.

Answer 2

I believe you must live in England as in Scotland there is a power of arrest under the civic gov scot act 82 sec7 which relates to the selling of any goods on the street whereby the vendor has no street traders license (which is obtained from the local council) and with regards to the DVDs this is a lengthy process as the seized DVDs require to be analysed by F.A.C.T. TO ESTABLISH IF THE DVDS ARE COUNTERFEIT only then can a case be reported to the crown.If you are having no satisfaction from the police ask to have a meeting with a senior officer and your local councillor with regards to the problem.

Answer 3

The police could arrest if they wished a simple obstructing the free passage of the highway would do but I feel this is more a problem for trading standards and customs officers though the customs like the police have bigger fish to fry.

Answer 4

Fret...was in London last year for Carnival, and there were at least four 'sellers' on Electric Avenue in Brixton. A couple of policemen were nearby, outside the Underground station, who looked as interested as a couple of school oiks in Geography class. Had the suspicion that they didn't give a sweet cuss about bum c.d.'s and dodgy fags from Russia (cigarettes, for anyone American). They were not bothered about handing them over to Custom and Excise, but too see if they had summat else to sell...the sort of stuff that would get them a long term in clinky.
Nice one, Bogus Man.

Answer 5

Mainly it comes down to proving that the sellers illegally imported the goods themselves or knew that they were illegally imported .. and as others say, Tony Blur has instructed the Police to focus on clearing up REPORTED crimes - not go out and find Crimes themselves ...

Answer 6

The police do have powers of arrest for ALL offences these days, and have done for over a year. However, on the scale of things, this is hardly a serious offence.

Answer 7

The Police can't be bothered with much more serious crimes than this.

Answer 8

Frankturk Hit the nail on the head..!