There are 20 distinct powers that Chief Constables can confer on PCSOs.
Most cover dealing with antisocial matters, issuing fixed penalty tickets, requiring details from a person suspected of committing an offence. Seizing alcoholans cigs from minors, searching and seizing drugs... |
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"Almost the same as "normal" police except they cant arrest any one...they can detain some one though (or something on them lines)" No! There is no such power as the power to detain! They have the same powers as you and I that is the power to make a citizens arrest.
To do so the person being arrested must have committed an offence that carries a maximum sentence of over 2 years imprisonment otherwise it is a false arrest and imprisonment and that does carry over 2 years clink! Further if they do use their civil powers to detain you when the police arrive they must take you into custody and charge you with the crime you have been arrested for because they are not arresting you they are just receiving a prisoner already arrested! Also they do not have a right of search or seizure, if they search or attempt to search you its assault, if they put a hand in or near a pocket it becomes an indecent assault and if they take any of your property its theft unless they use force or threat of force when it becomes robbery.
Finally some of them claim powers under bylaws however no one or organization has the power to pass laws that remove rights you have under statute or common law and if you know your rights very quickly you find that PCSO's go back to being what they are...Paid neighborhood watch wardens.
Most PCSO's go around pretending they have police powers but if you know your rights in law they quickly pull their necks in. |
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The phrases to remember are:
"Why have you stopped me going about my lawful business?"
"You have no powers of search and I do not give you permission to interfere with my person or property"
"Are you arresting me?"
"If you are not arresting me stand out of my way and allow me continue on my lawful business or I will call the police and report you for false imprisonment" |
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By (user no longer on site)
over a year ago
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I'm not really sure of the law but did see a youth refuse to give his name and refuse to be searched or touched by a PCSO outside our local shop once.
The regular police were radio'd and he was more than happy to oblige but was laughing all the way at the PCSO.
Which leaves me wondering what they actually have powers to do, and if we would be better off with police officers, only a few more of them yes, but real ones, rather than lots of people who can only do half the job.
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As has been said by another poster they do have some powers.
These are granted under the road traffic act and are the same as a police traffic warden. They also have some powers (quite powerful really) granted under the 2000 anti terrorism act but these only in very restricted areas and circumstances. Basically for those powers to apply you need to be in the vicinity of an MOD Defense Research Establishment, an arms factory, a nuclear power station or military establishment or a railway line. Basically all the places that have private police, and I mean real police like the British Transport Police, MOD Police, UKAEA police or ICI police.
Finally they do have stop and search powers if in the presence and under the supervision of a police constable. But a police constable has the power to require any subject of the crown to render assistance as required under their supervision. So that is not really a power because a constable and that means a warrant card is present. |
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By (user no longer on site)
over a year ago
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They do a good enough job of keeping the little rebels in order around where I work. And they are really nice people.... maybe if they got a bit more "power" they would get abit more respect.... |
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"Personally I think they do a lot of good....
We have a lovely PCSO. He is a very amiable guy " Most are great, and many are doing their time while waiting to become real police officers. However since i moved to Manchester I have witnessed a number of them being nothing short of thugs. Also here I do see them patrolling 2 most of the time it is only in the city centre they seem to be paired with police officers.
Maybe its a city thing, but I would rather see real police keeping the peace, but then I believe you can get 3 PCSO's for the price of 1 PC, and its boots on the ground that count in the end... |
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By (user no longer on site)
over a year ago
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"Almost the same as "normal" police except they cant arrest any one...they can detain some one though (or something on them lines)No! There is no such power as the power to detain! They have the same powers as you and I that is the power to make a citizens arrest.
To do so the person being arrested must have committed an offence that carries a maximum sentence of over 2 years imprisonment otherwise it is a false arrest and imprisonment and that does carry over 2 years clink! Further if they do use their civil powers to detain you when the police arrive they must take you into custody and charge you with the crime you have been arrested for because they are not arresting you they are just receiving a prisoner already arrested! Also they do not have a right of search or seizure, if they search or attempt to search you its assault, if they put a hand in or near a pocket it becomes an indecent assault and if they take any of your property its theft unless they use force or threat of force when it becomes robbery.
Finally some of them claim powers under bylaws however no one or organization has the power to pass laws that remove rights you have under statute or common law and if you know your rights very quickly you find that PCSO's go back to being what they are...Paid neighborhood watch wardens.
Most PCSO's go around pretending they have police powers but if you know your rights in law they quickly pull their necks in. "
thanks for that perhaps we should push our MPs to give them the powers they sadly lack as highlighted by our esteemed colleague above.
i am all for that what say you citizens of Britain |
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"
thanks for that perhaps we should push our MPs to give them the powers they sadly lack as highlighted by our esteemed colleague above.
i am all for that what say you citizens of Britain "
I would say "No!"
Train them and make them police officers with all that entails, but dont give untrained people enhanced powers to save a little money. |
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By (user no longer on site)
over a year ago
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"
thanks for that perhaps we should push our MPs to give them the powers they sadly lack as highlighted by our esteemed colleague above.
i am all for that what say you citizens of Britain
I would say "No!"
Train them and make them police officers with all that entails, but dont give untrained people enhanced powers to save a little money."
in these times of austerity money talks.
if they can get similar cover for less money then they will. |
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By (user no longer on site)
over a year ago
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Our PCSO made a very useful contribution to a local incident where many other Police officers were failing miserably.
I suppose it's down to the individual. You get good and bad in every walk of life. |
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By *nnyMan
over a year ago
Glasgow |
Re boots on the ground and 3 PCSOs for the price of a polis.
A few years back an edict went out to all foot patrol police officers in Strathclyde. They were NOT to leave the police office without a high visibility jacket on.
It didn't put more boots on the ground but it sure looked like it. |
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By (user no longer on site)
over a year ago
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I find it strange that PCSO's are used in place of "Local" Beat officers.... I know who I would trust more! I also wonder how many "grasses" a PSCO has over that of the "Local" Beat Officer...
The dangers I foresee will be the privatization of these "fractions". thinking the same for the Highways Agency too. Then we will see more target driven PCSO's, Traffic Highways Agency people and finally of course Traffic Wardens...
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By (user no longer on site)
over a year ago
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The statutory power of any member of the public in England and Wales to detain someone they consider to be involved in criminal activity is to be found in section 24A of the Police and Criminal Evidence Act 1974. A person "other than a constable" may arrest without a warrant anyone!
So PCSO's do have the power to arrest or detain, just not in the same fashion as a police constable. |
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By (user no longer on site)
over a year ago
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I've worked with PCSO's and they do have their uses. The police don't build a sufficient relationship with communities anymore, which is why the PCSO's exist. I've also seen a lot of them be completely useless at anything and everything. |
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PCSO's are the ones Mcdonalds rejected..the ones in Cardiff city centre are complete cunts..they attract trouble,they parade around like stormtroopers..in gangs of 3..all they need to complete the image is a pair of jackboots..! |
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PCSO's are the ones Mcdonalds rejected..the ones in Cardiff city centre are complete cunts..they attract trouble,they parade around like stormtroopers..in gangs of 3..all they need to complete the image is a pair of jackboots..! |
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"PCSO's are the ones Mcdonalds rejected..the ones in Cardiff city centre are complete cunts..they attract trouble,they parade around like stormtroopers..in gangs of 3..all they need to complete the image is a pair of jackboots..!"
You really are ignorant. |
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By *andy_tomMan
over a year ago
wolverhampton |
"What powers do PCSOs have and why do they always walk around in pairs dressed up like paramilitary and looking at their mobile phones..and getting paid £25k to do so."
A couple of grand more and you could have a real police officer. With powers. |
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"... Also they do not have a right of search or seizure if they search or attempt to search you its assault, if they put a hand in or near a pocket it becomes an indecent assault and if they take any of your property its theft unless they use force or threat of force when it becomes robbery.
.... "
PCSOs can have powers of seizure conferred on them to seize alcohol, tobacco, drugs.
They can be designated with a power seize unconcealed drugs or drugs found when searching for alcohol, tobacco or other items if the CSO reasonably believes the person is in unlawful possession of them. The CSO must retain the drugs until a constable instructs them what to do with it. If a CSO finds drugs in a person's possession or has reason to believe that a person is in possession of drugs and reasonably believe such possession is unlawful then the CSO may require that persons name and address.
( Paragraph 7B of Schedule 4 to the Police Reform Act 2002 (inserted by paragraph 8 of Schedule 8 to the Serious Organised Crime and Police Act 2005).)
Power to enter and search any premises for the purposes of saving life and limb or preventing serious damage to property:
Paragraph 8 of Schedule 4 to the Police Reform Act 2002
Searching or attempting to search is not assault. To constitute assault there must be criminal intent to cause injury. Placing a hand in a jacket pocket is not indecent assault either.
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"Why am I ignorant???,give a man a high viz and a bit of power..and they will ALWAYS abuse it..explain why that is ignorant."
Its a rather sweeping generalisation and hence can be construed as ignorant. Yes, there will always be a FEW who will step beyond their powers. That does not mean they all do that. |
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I would rather the gov spent a bit more and employed more real police instaid of these people. They are like the traffic wombles. Mainly pointles. Most have no respect for them. Lets have a proper police force again |
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By *andy_tomMan
over a year ago
wolverhampton |
"I would rather the gov spent a bit more and employed more real police instaid of these people. They are like the traffic wombles. Mainly pointles. Most have no respect for them. Lets have a proper police force again"
Well said. And there a wast of tax payers monney . A couple of grand more and you can have a real police officer |
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"
Searching or attempting to search is not assault. To constitute assault there must be criminal intent to cause injury. Placing a hand in a jacket pocket is not indecent assault either.
"
I think you'll find that that an unlawful search *is* assault. That's why, at airport security they always ask permission as they have no legal power to search. |
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By *nnyMan
over a year ago
Glasgow |
"
Searching or attempting to search is not assault. To constitute assault there must be criminal intent to cause injury. Placing a hand in a jacket pocket is not indecent assault either.
I think you'll find that that an unlawful search *is* assault. That's why, at airport security they always ask permission as they have no legal power to search."
They also have almost unlimited powers to ensure you miss your plane. |
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"
Searching or attempting to search is not assault. To constitute assault there must be criminal intent to cause injury. Placing a hand in a jacket pocket is not indecent assault either.
I think you'll find that that an unlawful search *is* assault. That's why, at airport security they always ask permission as they have no legal power to search.
They also have almost unlimited powers to ensure you miss your plane."
Funny that, the people that miss planes are usually the ones that don't turn up early enough
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By *un_JuiceCouple
over a year ago
Nr Chester |
"
Searching or attempting to search is not assault. To constitute assault there must be criminal intent to cause injury. Placing a hand in a jacket pocket is not indecent assault either.
I think you'll find that that an unlawful search *is* assault. That's why, at airport security they always ask permission as they have no legal power to search."
Correct, thesame applies to door supervisors and security. Incorrect procedures and abuse of them means the above could easily be liable to arrest and prosecution.
PCSO,s and regular coppers swore upon oath to to protect and serve under common law they only have powers of arrest or caution outside this if you give your details when asked. It is a request, you give consent by doing so. Your choice. Be mindful of legalese and words true definition. Try looking at the words must and understand. Everyone, public and the police should act in honour and not abuse the law. Know your rights, at least whilst we still have some. |
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By (user no longer on site)
over a year ago
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"we call them laptops cos one day they want to be a proper PC
only if you are disrespectful of authority " I am not disrespectful. but 'authority' needs to remember they are there to serve the public not to act as a militia for a goverment that the majority of this country dont want and never voted for. |
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