Police Stop and Search Powers: Code of Practice (PCEA 1984), Exercises of Criminal Justice

Download Police Stop and Search Powers: Code of Practice (PCEA 1984) and more Exercises Criminal Justice in PDF only on Docsity! POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE A CODE OF PRACTICE FOR THE EXERCISE BY: POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH POLICE OFFICERS AND POLICE STAFF OF REQUIREMENTS TO RECORD PUBLIC ENCOUNTERS Commencement - Transitional Arrangements This code applies to any search by a police officer and the requirement to record public encounters taking place after midnight on 31 December 2008. 1 A General This code of practice must be readily available at all police stations for consultation by police officers, police staff, detained persons and members of the public. The notes for guidance included are not provisions of this code, but are guidance to police officers and others about its application and interpretation. Provisions in the annexes to the code are provisions of this code. This code governs the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. The main stop and search powers to which this code applies are set out in Annex A, but that list should not be regarded as definitive. [See Note 1] In addition, it covers requirements on police officers and police staff to record encounters not governed by statutory powers.This code does not apply to: (a) the powers of stop and search under; (i) Aviation Security Act 1982, section 27(2); (ii) Police and Criminal Evidence Act 1984, section 6(1) (which relates specifically to powers of constables employed by statutory undertakers on the premises of the statutory undertakers). (b) searches carried out for the purposes of examination under Schedule 7 to the Terrorism Act 2000 and to which the Code of Practice issued under paragraph 6 of Schedule 14 to the Terrorism Act 2000 applies. 1 Principles governing stop and search 1.1 Powers to stop and search must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination. The Race Relations (Amendment) Act 2000 makes it unlawful for police officers to discriminate on the grounds of race, colour, ethnic origin, nationality or national origins when using their powers. 1.2 The intrusion on the liberty of the person stopped or searched must be brief and detention for the purposes of a search must take place at or near the location of the stop. 1.3 If these fundamental principles are not observed the use of powers to stop and search may be drawn into question. Failure to use the powers in the proper manner reduces their effectiveness. Stop and search can play an important role in the detection and prevention of crime, and using the powers fairly makes them more effective. 2 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search information is communicated to officers and they are well-informed about local crime patterns. 2.6 Where there is reliable information or intelligence that members of a group or gang habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive item of clothing or other means of identification to indicate their membership of the group or gang, that distinctive item of clothing or other means of identification may provide reasonable grounds to stop and search a person. [See Note 9] 2.7 A police officer may have reasonable grounds to suspect that a person is in innocent possession of a stolen or prohibited article or other item for which he or she is empowered to search. In that case the officer may stop and search the person even though there would be no power of arrest. 2.8 Under section 43(1) of the Terrorism Act 2000 a constable may stop and search a person whom the officer reasonably suspects to be a terrorist to discover whether the person is in possession of anything which may constitute evidence that the person is a terrorist. These searches may only be carried out by an officer of the same sex as the person searched. 2.9 An officer who has reasonable grounds for suspicion may detain the person concerned in order to carry out a search. Before carrying out a search the officer may ask questions about the person’s behaviour or presence in circumstances which gave rise to the suspicion. As a result of questioning the detained person, the reasonable grounds for suspicion necessary to detain that person may be confirmed or, because of a satisfactory explanation, be eliminated. [See Notes 2 and 3] Questioning may also reveal reasonable grounds to suspect the possession of a different kind of unlawful article from that originally suspected. Reasonable grounds for suspicion however cannot be provided retrospectively by such questioning during a person’s detention or by refusal to answer any questions put. 2.10 If, as a result of questioning before a search, or other circumstances which come to the attention of the officer, there cease to be reasonable grounds for suspecting that an article is being carried of a kind for which there is a power to stop and search, no search may take place. [See Note 3] In the absence of any other lawful power to detain, the person is free to leave at will and must be so informed. 2.11 There is no power to stop or detain a person in order to find grounds for a search. Police officers have many encounters with members of the public which do not involve detaining people against their will. If reasonable grounds for suspicion emerge during such an encounter, the officer may search the person, even though no grounds 5 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search existed when the encounter began. If an officer is detaining someone for the purpose of a search, he or she should inform the person as soon as detention begins. Searches authorised under section 60 of the Criminal Justice and Public Order Act 1994 2.12 Authority for a constable in uniform to stop and search under section 60 of the Criminal Justice and Public Order Act 1994 may be given if the authorising officer reasonably believes: (a) that incidents involving serious violence may take place in any locality in the officer’s police area, and it is expedient to use these powers to prevent their occurrence, or (b) that persons are carrying dangerous instruments or offensive weapons without good reason in any locality in the officer’s police area. 2.13 An authorisation under section 60 may only be given by an officer of the rank of inspector or above, in writing, specifying the grounds on which it was given, the locality in which the powers may be exercised and the period of time for which they are in force. The period authorised shall be no longer than appears reasonably necessary to prevent, or seek to prevent incidents of serious violence, or to deal with the problem of carrying dangerous instruments or offensive weapons. It may not exceed 24 hours. [See Notes 10-13] 2.14 If an inspector gives an authorisation, he or she must, as soon as practicable, inform an officer of or above the rank of superintendent. This officer may direct that the authorisation shall be extended for a further 24 hours, if violence or the carrying of dangerous instruments or offensive weapons has occurred, or is suspected to have occurred, and the continued use of the powers is considered necessary to prevent or deal with further such activity. That direction must also be given in writing at the time or as soon as practicable afterwards. [See Note 12] Powers to require removal of face coverings 2.15 Section 60AA of the Criminal Justice and Public Order Act 1994 also provides a power to demand the removal of disguises. The officer exercising the power must reasonably believe that someone is wearing an item wholly or mainly for the purpose of concealing identity. There is also a power to seize such items where the officer believes that a person intends to wear them for this purpose. There is no power to stop and search for disguises. An officer may seize any such item which is discovered when exercising a power of search for something else, or which is being 6 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search carried, and which the officer reasonably believes is intended to be used for concealing anyone’s identity. This power can only be used if an authorisation under section 60 or an authorisation under section 60AA is in force. 2.16 Authority for a constable in uniform to require the removal of disguises and to seize them under section 60AA may be given if the authorising officer reasonably believes that activities may take place in any locality in the officer’s police area that are likely to involve the commission of offences and it is expedient to use these powers to prevent or control these activities. 2.17 An authorisation under section 60AA may only be given by an officer of the rank of inspector or above, in writing, specifying the grounds on which it was given, the locality in which the powers may be exercised and the period of time for which they are in force. The period authorised shall be no longer than appears reasonably necessary to prevent, or seek to prevent the commission of offences. It may not exceed 24 hours. [See Notes 10-13] 2.18 If an inspector gives an authorisation, he or she must, as soon as practicable, inform an officer of or above the rank of superintendent. This officer may direct that the authorisation shall be extended for a further 24 hours, if crimes have been committed, or is suspected to have been committed, and the continued use of the powers is considered necessary to prevent or deal with further such activity. This direction must also be given in writing at the time or as soon as practicable afterwards. [See Note 12] Searches authorised under section 44 of the Terrorism Act 2000 2.19 An officer of the rank of assistant chief constable (or equivalent) or above, may give authority for the following powers of stop and search under section 44 of the Terrorism Act 2000 to be exercised in the whole or part of his or her police area if the officer considers it is expedient for the prevention of acts of terrorism: (a) under section 44(1) of the Terrorism Act 2000, to give a constable in uniform power to stop and search any vehicle, its driver, any passenger in the vehicle and anything in or on the vehicle or carried by the driver or any passenger; and (b) under section 44(2) of the Terrorism Act 2000, to give a constable in uniform power to stop and search any pedestrian and anything carried by the pedestrian. An authorisation under section 44(1) may be combined with one under section 44(2). 7 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search 3.2 The co-operation of the person to be searched must be sought in every case, even if the person initially objects to the search. A forcible search may be made only if it has been established that the person is unwilling to co-operate or resists. Reasonable force may be used as a last resort if necessary to conduct a search or to detain a person or vehicle for the purposes of a search. 3.3 The length of time for which a person or vehicle may be detained must be reasonable and kept to a minimum. Where the exercise of the power requires reasonable suspicion, the thoroughness and extent of a search must depend on what is suspected of being carried, and by whom. If the suspicion relates to a particular article which is seen to be slipped into a person’s pocket, then, in the absence of other grounds for suspicion or an opportunity for the article to be moved elsewhere, the search must be confined to that pocket. In the case of a small article which can readily be concealed, such as a drug, and which might be concealed anywhere on the person, a more extensive search may be necessary. In the case of searches mentioned in paragraph 2.1(b), (c), and (d), which do not require reasonable grounds for suspicion, officers may make any reasonable search to look for items for which they are empowered to search. [See Note 5] 3.4 The search must be carried out at or near the place where the person or vehicle was first detained. [See Note 6] 3.5 There is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves except under section 45(3) of the Terrorism Act 2000 (which empowers a constable conducting a search under section 44(1) or 44(2) of that Act to require a person to remove headgear and footwear in public) and under section 60AA of the Criminal Justice and Public Order Act 1994 (which empowers a constable to require a person to remove any item worn to conceal identity). [See Notes 4 and 6] A search in public of a person’s clothing which has not been removed must be restricted to superficial examination of outer garments. This does not, however, prevent an officer from placing his or her hand inside the pockets of the outer clothing, or feeling round the inside of collars, socks and shoes if this is reasonably necessary in the circumstances to look for the object of the search or to remove and examine any item reasonably suspected to be the object of the search. For the same reasons, subject to the restrictions on the removal of headgear, a person’s hair may also be searched in public (see paragraphs 3.1 and 3.3). 3.6 Where on reasonable grounds it is considered necessary to conduct a more thorough search (e.g. by requiring a person to take off a T-shirt), this must be done out of public view, for example, in a police van unless paragraph 3.7 applies, or police station if there is one nearby. [See Note 6] Any search involving the removal of more than an 10 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched specifically requests it. [See Notes 4, 7 and 8] 3.7 Searches involving exposure of intimate parts of the body must not be conducted as a routine extension of a less thorough search, simply because nothing is found in the course of the initial search. Searches involving exposure of intimate parts of the body may be carried out only at a nearby police station or other nearby location which is out of public view (but not a police vehicle). These searches must be conducted in accordance with paragraph 11 of Annex A to Code C except that an intimate search mentioned in paragraph 11(f) of Annex A to Code C may not be authorised or carried out under any stop and search powers. The other provisions of Code C do not apply to the conduct and recording of searches of persons detained at police stations in the exercise of stop and search powers. [See Note 7] Steps to be taken prior to a search 3.8 Before any search of a detained person or attended vehicle takes place the officer must take reasonable steps to give the person to be searched or in charge of the vehicle the following information: (a) that they are being detained for the purposes of a search (b) the officer’s name (except in the case of enquiries linked to the investigation of terrorism, or otherwise where the officer reasonably believes that giving his or her name might put him or her in danger, in which case a warrant or other identification number shall be given) and the name of the police station to which the officer is attached; (c) the legal search power which is being exercised; and (d) a clear explanation of: (i) the purpose of the search in terms of the article or articles for which there is a power to search; and (ii) in the case of powers requiring reasonable suspicion (see paragraph 2.1(a)), the grounds for that suspicion; or (iii) in the case of powers which do not require reasonable suspicion (see paragraph 2.1(b), and (c)), the nature of the power and of any necessary authorisation and the fact that it has been given. 11 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search 3.9 Officers not in uniform must show their warrant cards. Stops and searches under the powers mentioned in paragraphs 2.1(b), and (c) may be undertaken only by a constable in uniform. 3.10 Before the search takes place the officer must inform the person (or the owner or person in charge of the vehicle that is to be searched) of his or her entitlement to a copy of the record of the search, including his entitlement to a record of the search if an application is made within 12 months, if it is wholly impracticable to make a record at the time. If a record is not made at the time the person should also be told how a copy can be obtained (see section 4). The person should also be given information about police powers to stop and search and the individual’s rights in these circumstances. 3.11 If the person to be searched, or in charge of a vehicle to be searched, does not appear to understand what is being said, or there is any doubt about the person’s ability to understand English, the officer must take reasonable steps to bring information regarding the person’s rights and any relevant provisions of this Code to his or her attention. If the person is deaf or cannot understand English and is accompanied by someone, then the officer must try to establish whether that person can interpret or otherwise help the officer to give the required information. 4 Recording requirements 4.1 An officer who has carried out a search in the exercise of any power to which this Code applies, must make a record of it at the time, unless there are exceptional circumstances which would make this wholly impracticable (e.g. in situations involving public disorder or when the officer’s presence is urgently required elsewhere). If a record is not made at the time, the officer must do so as soon as practicable afterwards. There may be situations in which it is not practicable to obtain the information necessary to complete a record, but the officer should make every reasonable effort to do so.. [See Note 21.] 4.2 Except in the circumstances set out in paragraph 4.2A, a copy of a record made at the time must be given immediately to the person who has been searched. In all cases the officer must ask for the name, address and date of birth of the person searched, but there is no obligation on a person to provide these details and no power of detention if the person is unwilling to do so. 4.2A A receipt of the record rather than a copy of the record may be given immediately to the person who has been searched provided it is produced by electronic means and states how the full record can be accessed. When providing such a receipt, the officer 12 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search 4.12 When an officer requests a person in a public place to account for themselves, i.e. their actions, behaviour, presence in an area or possession of anything, a record of the encounter as set out in paragraph 4.17 must be completed at the time and a receipt given to the person in accordance with paragraphs 4.12A and 4.17 below. The record must identify the name of the officer who has made the stop and conducted the encounter. This does not apply under the exceptional circumstances outlined in paragraph 4.1 of this Code. 4.12A A receipt can be provided in place of the record of the encounter as set out in paragraph 4.17. The officer conducting the encounter is required to record only the person’s self-defined ethnic background [See Notes for Guidance 18 and 24]. 4.13 The requirements in paragraph 4.12 and 4.12A do not apply to general conversations such as when giving directions to a place, or when seeking witnesses. It also does not include occasions on which an officer is seeking general information or questioning people to establish background to incidents which have required officers to intervene to keep the peace or resolve a dispute. 4.14 A separate record or receipt need not be completed when: - stopping a person in a vehicle when an HORT/1 form, a Vehicle Defect Rectification Scheme Notice, or a Fixed Penalty Notice is issued. It also does not apply when a specimen of breath is required under Section 6 of the Road Traffic Act 1988. - stopping a person when a Penalty Notice is issued for an offence. 4.15 Officers must inform the person of their entitlement to a receipt of the encounter. 4.16 The provisions of paragraph 4.4 of this Code apply equally when the encounters described in 4.12, 4.12A and 4.13 are recorded. 4.17 The following information must be included in the record (i) a note of the person’s self-defined ethnic background; [See Note 18] 4.18 There is no power to require the person questioned to provide personal details. If a person refuses to give their self-defined ethnic background, the record should provide a description of the person’s ethnic background. [See Note 18]. 4.19 A receipt of an encounter must always be made when the criteria set out in 4.12 have been met. If the criteria are not met but the person requests a receipt, the officer should provide a receipt but record on it that the encounter did not meet the criteria. The officer can refuse to issue the receipt if he or she reasonably believes that the 15 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search purpose of the request is deliberately aimed at frustrating or delaying legitimate police activity. [See Note 20] 4.20 All references to officers in this section include police staff designated as Community Support Officers under section 38 of the Police Reform Act 2002. 5 Monitoring and supervising the use of stop and search powers 5.1 Supervising officers must monitor the use of stop and search powers and should consider in particular whether there is any evidence that they are being exercised on the basis of stereotyped images or inappropriate generalisations. Supervising officers should satisfy themselves that the practice of officers under their supervision in stopping, searching and recording is fully in accordance with this Code. Supervisors must also examine whether the records reveal any trends or patterns which give cause for concern, and if so take appropriate action to address this 5.2 Senior officers with area or force-wide responsibilities must also monitor the broader use of stop and search powers and, where necessary, take action at the relevant level. 5.3 Supervision and monitoring must be supported by the compilation of comprehensive statistical records of stops and searches at force, area and local level. Any apparently disproportionate use of the powers by particular officers or groups of officers or in relation to specific sections of the community should be identified and investigated. 5.4 In order to promote public confidence in the use of the powers, forces in consultation with police authorities must make arrangements for the records to be scrutinised by representatives of the community, and to explain the use of the powers at a local level. [See Note 19]. Notes for Guidance Officers exercising stop and search powers 1 This code does not affect the ability of an officer to speak to or question a person in the ordinary course of the officer’s duties without detaining the person or exercising any element of compulsion. It is not the purpose of the code to prohibit such encounters between the police and the community with the co-operation of the person concerned and neither does it affect the principle that all citizens have a duty to help police officers to prevent crime and discover offenders. This is a civic rather than a legal duty; but when a police officer is trying to discover whether, or by whom, an offence has been committed he or she may question any person from whom useful information might be obtained, subject to the restrictions imposed by Code C. A 16 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search person’s unwillingness to reply does not alter this entitlement, but in the absence of a power to arrest, or to detain in order to search, the person is free to leave at will and cannot be compelled to remain with the officer. 2 In some circumstances preparatory questioning may be unnecessary, but in general a brief conversation or exchange will be desirable not only as a means of avoiding unsuccessful searches, but to explain the grounds for the stop/search, to gain co- operation and reduce any tension there might be surrounding the stop/search. 3 Where a person is lawfully detained for the purpose of a search, but no search in the event takes place, the detention will not thereby have been rendered unlawful. 4 Many people customarily cover their heads or faces for religious reasons – for example, Muslim women, Sikh men, Sikh or Hindu women, or Rastarfarian men or women. A police officer cannot order the removal of a head or face covering except where there is reason to believe that the item is being worn by the individual wholly or mainly for the purpose of disguising identity, not simply because it disguises identity.Where there may be religious sensitivities about ordering the removal of such an item, the officer should permit the item to be removed out of public view. Where practicable, the item should be removed in the presence of an officer of the same sex as the person and out of sight of anyone of the opposite sex . 5 A search of a person in public should be completed as soon as possible. 6 A person may be detained under a stop and search power at a place other than where the person was first detained, only if that place, be it a police station or elsewhere, is nearby. Such a place should be located within a reasonable travelling distance using whatever mode of travel (on foot or by car) is appropriate. This applies to all searches under stop and search powers, whether or not they involve the removal of clothing or exposure of intimate parts of the body (see paragraphs 3.6 and 3.7) or take place in or out of public view. It means, for example, that a search under the stop and search power in section 23 of the Misuse of Drugs Act 1971 which involves the compulsory removal of more than a person’s outer coat, jacket or gloves cannot be carried out unless a place which is both nearby the place they were first detained and out of public view, is available. If a search involves exposure of intimate parts of the body and a police station is not nearby, particular care must be taken to ensure that the location is suitable in that it enables the search to be conducted in accordance with the requirements of paragraph 11 of Annex A to Code C. 7 A search in the street itself should be regarded as being in public for the purposes of paragraphs 3.6 and 3.7 above, even though it may be empty at the time a search begins. Although there is no power to require a person to do so, there is nothing to 17 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search 20 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search ethnic classification should be coded for recording purposes using the coding system in Annex B. An additional “Not stated” box is available but should not be offered to respondents explicitly. Officers should be aware and explain to members of the public, especially where concerns are raised, that this information is required to obtain a true picture of stop and search activity and to help improve ethnic monitoring, tackle discriminatory practice, and promote effective use of the powers. If the person gives what appears to the officer to be an “incorrect” answer (e.g. a person who appears to be white states that they are black), the officer should record the response that has been given. Officers should also record their own perception of the ethnic background of every person stopped and this must be done by using the PNC/Phoenix classification system. If the “Not stated” category is used the reason for this must be recorded on the form. 19 Arrangements for public scrutiny of records should take account of the right to confidentiality of those stopped and searched. Anonymised forms and/or statistics generated from records should be the focus of the examinations by members of the public. 20 Where an officer engages in conversation which is not pertinent to the actions or whereabouts of the individual (e.g. does not relate to why the person is there, what they are doing or where they have been or are going) then issuing a form would not meet the criteria set out in paragraph 4.12. Situations designed to impede police activity may arise, for example, in public order situations where individuals engage in dialogue with the officer but the officer does not initiate or engage in contact about the person’s individual circumstances. 21 In situations where it is not practicable to provide a written record or a full copy of an electronic record or an electronic receipt (in accordance with paragraphs 4.2A and 4.13A above) of the stop or stop and search at that time, the officer should consider providing the person with details of the station to which the person may attend for a record. This may take the form of a simple business card, adding the date of the stop or stop and search. 22 The ability to provide an electronic receipt for a stop or stop and search is limited to officers from those British Transport Police (BTP) designated areas set out in Annex D to this Code and to a limited pilot period. The operational nature of BTP policing means that officers from these locations may provide electronic receipts in the course of their duties throughout England and Wales. Definition of Offensive Weapon 23 ‘Offensive weapon’ is defined as any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use or by someone else. There are three categories of offensive weapons: those made for causing injury to the person; those adapted for such a purpose; and those not so made or adapted, but carried with the intention of causing injury to the person. A firearm, as defined by section 57 of the Firearms Act 1968, would fall within the definition of offensive weapon if any of the criteria above. 24 Under paragraph 4.12A, the officer carrying out the encounter may consider recording the date, time and location of the encounter when the encounter is not recorded electronically. This information is in support of section 5 of this Code and is not required to be provided to the person subject to the encounter. 25 Under 4.10B, an officer with an electronic recording device may be carrying a paper version of the record for use as a contingency in the event of a technical breakdown. In these circumstances, where the officer is able to make an electronic record, there would be no requirement to provide a written record. 21 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search ANNEX A SUMMARY OF MAIN STOP AND SEARCH POWERS THIS TABLE RELATES TO STOP AND SEARCH POWERS ONLY. INDIVIDUAL STATUTES BELOW MAY CONTAIN OTHER POLICE POWERS OF ENTRY, SEARCH AND SEIZURE Power Object of Search Extent of Search Where Exercisable Unlawful articles general 1. Public Stores Act 1875, s6 HM Stores stolen or Persons, vehicles and vessels Anywhere where the unlawfully obtained constabulary powers are exercisable 2. Firearms Act 1968, s47 Firearms Persons and vehicles A public place, or anywhere in the case of reasonable suspicion of offences of carrying firearms with criminal intent or trespassing with firearms 3. Misuse of Drugs Act 1971, Controlled drugs Persons and vehicles Anywhere s23 4. Customs and Excise Goods: (a) on which duty has Vehicles and vessels only Anywhere Management Act 1979, s163 not been paid; (b) being unlawfully removed, imported or exported; (c) otherwise liable to forfeiture to HM Customs and Excise 5. Aviation Security Act 1982, Stolen or unlawfully obtained Airport employees and vehicles Any designated airport s27(1) goods carrying airport employees or aircraft or any vehicle in a cargo area whether or not carrying an employee 6. Police and Criminal Stolen goods; articles for use Persons and vehicles Where there is public Evidence Act 1984, s1 in certain Theft Act offences; access offensive weapons, including bladed or sharply-pointed articles (except folding pocket knives with a bladed cutting edge not exceeding 3 inches); prohibited possession of a category 4 (display grade) firework, any person under 18 in possession of an adult firework in a public place. Criminal Damage: Articles Persons and vehicles Where there is public made, adapted or intended access for use in destroying or damaging property Police and Criminal Evidence HM Stores (in the form of Persons, vehicles and vessels Anywhere where the Act 1984, s6(3) (by a goods and chattels belonging constabulary powers are constable of the United to British Nuclear Fuels plc) exercisable Kingdom Atomic Energy Authority Constabulary in respect of property owned or controlled by British Nuclear Fuels plc 22 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search ANNEX C SUMMARY OF POWERS OF COMMUNITY SUPPORT OFFICERS TO SEARCH AND SEIZE The following is a summary of the search and seizure powers that may be exercised by a community support officer (CSO) who has been designated with the relevant powers in accordance with Part 4 of the Police Reform Act 2002. When exercising any of these powers, a CSO must have regard to any relevant provisions of this Code, including section 3 governing the conduct of searches and the steps to be taken prior to a search. 1. Power to stop and search not requiring consent Designation Power conferred Object of Search Extent of Search Where Exercisable Police Reform Act (a) Terrorism Act 2000, Items intended to be (a) Vehicles or Anywhere within area of 2002, Schedule 4, s.44(1)(a) and (d) used in connection anything carried in locality authorised and in paragraph 15 and 45(2); with terrorism. or on the vehicle the company and under and anything carried the supervision of a by driver or passenger. constable. (b) Terrorism Act 2000, (b) Anything carried by s.44 (2)(b) and 45(2). a pedestrian. 2. Powers to search requiring the consent of the person and seizure A CSO may detain a person using reasonable force where necessary as set out in Part 1 of Schedule 4 to the Police Reform Act 2002. If the person has been lawfully detained, the CSO may search the person provided that person gives consent to such a search in relation to the following: Designation Powers conferred Object of Search Extent of Search Where Exercisable Police Reform Act (a) Criminal Justice a) Alcohol or a a) Persons a) Designated public 2002, Schedule 4, and Police Act 2001, container for alcohol place paragraph 7A s12(2) (b) Confiscation of b) Alcohol b) Persons under b) Public place Alcohol 18 years old (Young Persons) Act 1997, s1 (c) Children and (c) Tobacco or (c) Persons under (c) Public place Young Persons Act cigarette papers 16 years old 1933, section 7(3) found smoking 3. Powers to search not requiring the consent of the person and seizure A CSO may detain a person using reasonable force where necessary as set out in Part 1 of Schedule 4 to the Police Reform Act 2002. If the person has been lawfully detained, the CSO may search the person without the need for that person’s consent in relation to the following: Designation Power conferred Object of Search Extent of Search Where Exercisable Police Reform Act Police and Criminal a) Objects that might Persons made subject Any place where the 2002, Schedule 4, Evidence Act 1984, be used to cause to a requirement to requirement to wait has paragraph 2A s.32 physical injury to wait. been made. the person or the CSO. b) Items that might be used to assist escape. 25 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search 4. Powers to seize without consent This power applies when drugs are found in the course of any search mentioned above. Designation Power conferred Object of Seizure Where Exercisable Police Reform Act Police Reform Act Controlled drugs in a person’s possession. Any place where the 2002, Schedule 4, 2002, Schedule 4, person is in possession paragraph 7B paragraph 7B of the drug. ANNEX D – Deleted. ANNEX E – Deleted. 26 A Codes of practice – Code A Exercise by police officers of statutory powers of stop and search