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Other powers to stop and
search |
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Confiscation
power: alcohol and tobacco |
Police officers
and police community support officers (PCSOs) and accredited persons (see
below) have the power to confiscate alcohol from young persons
under 18 and cigarettes and tobacco products from under 16s.
PCSOs and
accredited persons can be given these powers under the Police Reform
Act 2002.
Section 12 (2)(b) of the Criminal Justice and Police Act
2001 gives the police, PCSOs and accredited
persons powers to confiscate alcohol from people who are consuming or
intend to consume alcohol in a public place to which drinking restrictions
apply like a designated public place order.
Consuming
alcohol in a designated public place, contrary to requirement by constable
not to do so is an offence. If the person refuses to surrender their
alcohol they can be prosecuted or the officer can issue a penalty notice
for disorder (PND) of £50.
Penalty notices
for this offence can be given to young people aged 16-17 as part of the
penalty notice for disorder scheme.
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Search and
seizure powers: alcohol and tobacco
Schedule 8 paragraph 7A Serious
Organised Crime and Police Act 2005
amended the
Police Reform Act 2002 which
gives the police and CSOs power to search for tobacco and alcohol
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Powers to search
for alcohol and tobacco are found in
paragraph 7 of Schedule 4 to the Police Reform Act 2002
A community
support officer (CSO) can search a young person who fails to hand over
alcohol (or the container) when required to do so.
The CSO must
reasonably believe that the person has alcohol or a container for alcohol
in his possession.
The CSO can also
search for anything else he has power to seize (e.g. tobacco)
This power
extends only to doing that which is reasonably required for the purpose of
discovering whatever the CSO is searching for.
The CSO cannot
require a person to remove any of his clothing in public other than an
outer coat, jacket or gloves.
A person who
without reasonable excuse fails to consent to being searched is guilty of
an offence punishable by a fine.
If on searching the person the CSO discovers what he is searching for, he
may seize it and dispose of it.
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The
confiscation of tobacco and alcohol from young people |
The confiscation of
alcohol from young people is permitted by
Section 1 of the
Confiscation of Alcohol (Young Person's) Act 1997 (as amended).
Alcohol may be
confiscated when in an unsealed or sealed container.
Section 155 of the Licensing Act 2003
removes references to 'other than in a sealed container' in previous
legislation and adds that alcohol in a sealed container can be confiscated
'providing that the officer reasonably believes that the person is, or has
been consuming, or intends to consume, alcohol'.
The power to
confiscate cigarettes and tobacco products is derived from the
Children and Young Person's Act 1933.
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What are accredited persons? |
Community Safety
Accreditation Schemes were introduced by the
Police Reform Act 2002, which enabled Chief Constables to
accredit employees of organisations who contribute towards community
safety (e.g. hospitals).
People
accredited under such a scheme are called Accredited Persons (APs) and can
be identified by a nationally standardised badge which must be worn at all
times.
Further
information at
respect.gov.uk
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Public Stores Act 1875, s6 |
Can
search persons or vehicles for HM Stores which are stolen or unlawfully
obtained, anywhere where the constabulary powers are exercisable.
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Firearms Act 1968, s47 |
Can
search persons or vehicles for firearms in a public place, or anywhere in
the case of reasonable suspicion of offences of carrying firearms with
criminal intent or trespassing with firearms.
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Misuse of Drugs Act 1971, s23 |
Can
search persons or vehicles for controlled drugs, anywhere.
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Customs and Excise Management Act 1979, s163 |
Can search vehicles and vessels only for
"contraband". |
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Aviation Security Act 1982, 27 (1) |
Can search airport employees for
stolen
or unlawfully obtained goods, on a designated Airport.
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Sporting Events (Control of Alcohol etc.) Act 1985, s7 |
Can search
coaches and trains travelling to or from a designated sporting event, for
alcohol.
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Crossbows Act 1987, s4 |
Can
search persons or vehicles for crossbows or parts of
crossbows, anywhere except dwellings.
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Criminal Justice Act 1988, s139B |
Can
search persons for bladed or sharply pointed articles, on school premises.
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Poaching Prevention Act Game 1862, s2 |
Can
search persons and vehicles for game or poaching equipment, in a public
place. |
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Deer Act 1991, s12 |
Can
search persons or vehicles for evidence of offences under the act,
anywhere except dwellings.
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Conservation of Seals Act 1970, s4 |
Can search vehicles for
seals
or hunting equipment, anywhere. |
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Badgers Act 1992, s11 |
Can
search persons or vehicles for evidence of offences under the act,
anywhere.
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Wildlife and Countryside Act 1981, s19 |
Can
search persons or vehicles for evidence of wildlife offences, anywhere
except dwellings.
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