TACKLING ANTI-SOCIAL BEHAVIOUR AND ITS CAUSES

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

ARTICLE LAST UPDATED: 20/09/2007

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