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Police powers - introduction

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The Police and Criminal Evidence Act 1984 introduced rules for the following:

  • Role of Custody Officer

  • Custody Record - events - rights - activities - interviewing.

  • Right to have someone informed of detention; consult with a solicitor; consult codes of practice.

  • Tape recording of interviews

  • Appropriate adults : - children - mentally ill.

  • Conditions of detention area feeding etc

  • The caution

  • The right to silence- the debate - Sec 35 Criminal Justice and Public Order Act 1994 - comment by judge - comment by prosecution.

  • Fingerprinting and taking of non-intimate samples e.g. hair and saliva.

  • Review - Inspector - Running Clock

  • Bail

  • Lay visitors

  • Complaints against the police - the IPCA - death serious injury.

The role of the police constable

A police constable is a citizen locally appointed, whose authority is derived from the crown. 

 

Although (now) largely covered by the same rules of employment as other people the police force is a disciplined body which is regulated by nearly 100 statutes and regulations; not to mention codes of practice and Home Office Circulars, some European law and a plethora of decided cases. 

 

It has its own form of ombudsman, the Independent Police Complaints Commission which publicly investigates allegations against the police.

 

Examples of police legislation: 

The Metropolitan Police Act 1829 an An Act for improving the Police in and near London.

 

The Police Act 1964 a consolidating act that increased protection of the police.

 

The Police and Criminal Evidence Act 1984 (as amended) is probably the single most important piece of legislation passed since the creation of the 'new police' in 1829.

 

The Police Reform Act 2002 is a huge piece of legislation containing new provisions about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police.  It amends police powers and provides for the exercise of police powers by persons who are not police officers, principally Community Support Officers (CSOs).

 

143,279 police officers nationwide

The number of police officers in England and Wales on 31 March 2006 was 143,279.

 

Minority ethnic officers have increased by 280 over the twelve month period.

 

Powers of Police Community Support Officers

 

Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007

 

Rules covering Police Community Support Officers' powers are now consistent across the country.

These included:

  • a minimum age of 18 years

  • consistent powers in all forces across the country

  • common equipment and uniforms.

A common code of practice for forces.

Standard powers across forces
A set of 20 standard powers for PCSOs took effect in all forces on 1 December 2007.

These powers include the right to:

  • confiscate alcohol in public places

  • issue fixed penalty notices for anti-social behaviour

  • seize drugs

In addition, PCSOs are able to draw on further powers at the discretion of their chief constable.

These can include the right to:

  • detain people suspected of offences

  • issue fixed penalty notices for disorder, including misuse of fireworks and graffiti

  • each those suspected of carrying dangerous items

PCSOs: background

PCSOs were first introduced in 2002, Community Support Officers are trained and equipped to perform a number of tasks formerly carried out by full police officers.

Their presence frees up police officers to focus on their own work, and they also provide a valuable connection to people in the community.

There are now 16,000 PCSOs working in England and Wales.

To see further information follow this link.

 

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