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Humberside PCC Matthew Grove needs to 'balance long ambition with short-term wins' executive says
Friday, February 22, 2013 Scunthorpe Telegraph
She said: "A lot of our village streets are patrolled by PCSOs. The concern is that we are going to replace PCSOs with unpaid officers."

Mr Kingston replied: "With the reducing budget what we have got to try and do is to protect the frontline, join up some of the back office services and utilise the community more.

"Faced with 20 per cent cuts over the next four years, the more we can join up services and deal with the causes of crime, that is going to be a way forward.

"Continuing to reduce crime with a lower budget is a difficult trick to pull off.

"This can lead to more special constables, increasing the number of volunteers to free up community support offices (PCSOs) to provide greater presence.

"Can we look at patrol strategy – do we always need to patrol in pairs? "There are ways and means to improve visibility.

"We need to attract more special constables and once they are in, we need to retain and benefit them.

"We need to improve the strategy around volunteers and utilise their skills in a better way, all who bring different skills, be it public order, patrols.

"We need to identify their skills and use them to the best of their abilities. It is about having people in the right place, at the right time at the right cost. "We have around 320-350 specials but we need a greater incentive to how they can progress to the regular service."

Attracting more PCSOs and special constables to the force is one key aim of Mr Grove.

The powers of PCSOs were hotly discussed during the meeting, with agreement that the visibility of an uniformed officer provided comfort and safety to many residents.

"The powers of a PCSO are left to the discretion of the chief constable," he said.

"There are certain powers here that PCSOs don't have. Can we extend the powers of PCSOs without putting them at risk or in difficult situations. "They don't have the same protective equipment. They don't have the power to stop and search, do we want to extend that power?

"If crime happens, we need to do everything we can to try and solve that.

"Catching criminals is critical."

Consultation on Mr Grove's police and crime panel will last until the end of the month.

Prior to being published, the plan will have to be put before the police and crime panel who will give its own observations.

Mr Kingston said: "The commissioner is responsible to write the plan but to consult with the chief constable.

"Matthew believes it is about keeping a personal distance but being as one with what they want to deliver.

"The plan is what he wants to deliver to the people of Humberside and the majority will go to the force to be the prime deliverers of that ambition.


Vehicles used in manner causing alarm, distress or annoyance

    s59 Police Reform Act 2002
  1. Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which— .
    1. contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and .
    2. is causing, or is likely to cause, alarm, distress or annoyance to members of the public, .
    he shall have the powers set out in subsection (3).
  2. A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1). .
  3. Those powers are— .
    1. power, if the motor vehicle is moving, to order the person driving it to stop the vehicle; .
    2. power to seize and remove the motor vehicle; .
    3. power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be; .
    4. power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c). .
  4. A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless— .
    1. he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and .
    2. it appears to him that the use has continued or been repeated after the the warning. .
  5. Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if— .
    1. the circumstances make it impracticable for him to give the warning; .
    2. the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person; .
    3. the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or .
    4. the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months. .
  6. A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. .
  7. Subsection (3)(c) does not authorise entry into a private dwelling house. .
  8. The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force. .
  9. In this section— .
    “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
    “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
    “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

Q PCSOs are not "Constables" so how would a PCSO seize a motor vehicle under s59?
A Paragraph 9 of Schedule 4 to the Police Reform Act 2002 specifies a PCSO in exactly the same terms as "Constable" above, except for 3 (c) "power to enter any premises" is for Constables only
Example Case:
illustrating using of s59 power by PCSO in uniform and on duty:

mj12cz
writing on
13 Mar 2013
I had one where I was called to deal with a kid on a moped, on arrival he was riding up a footpath. When he saw me he tried to shoot off and managed to ride it into a hedge. I walked up to him and helped him pull it out of the hedge. I checked the bike on PNC, no insurance, no tax, no MOT former keeper details only. I then checked him on PNC and he had been given a section 59 a few months earlier. I then called for a colleague, but there were no Police officers available to deal with the no insurance so as I had seen him riding on the footpath I seized it under section 59.

Job done.!


Can I make a citizen's arrest?

Example Case: illustrating using of "CITIZEN ARREST POWERS" by PCSO in plain clothes and on duty:

averagejoe90
writing on
11 Apr 2013
A situation where I have had to get hands on was with a shop lifter, At the time I had a civilian top on so the person did not know who I was. I saw them put to bottles of wine down their trousers and walk towards the door. Obviously I went to stop “The Offender” verbally and confronted them, got some of the best English language back I may add. “The Offender” then ran off with the wine throwing a bottle at me and eventually threatening me with a syringe. That’s when I felt the public was in the most danger so went out of my way to stop “The Offender” the best I could with what I had (which was nothing). unit arrive and they were nicked and charged with theft and assault police.

I had no vest and only my radio on me

Arrests can be made by people other than the police but should be approached with caution as legally it is a tricky area and potentially dangerous. The police do not actively encourage people to make citizen's arrests and the circumstances of the arrest can be examined in detail if the case goes to court. There is more legal information concerning citizen's arrests on a website called K-Zone set up by a final-year law student.

The right to make a citizen's arrest comes under section 3(1) of the Criminal Law Act 1967 which says:

"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."

The crime must be an 'indictable offence', i.e. a serious offence which could be tried in a crown court.

Another way to think of indictable offences is as crimes that can result in long prison sentences.

Examples of indictable offences are theft, burglary, murder, robbery, malicious wounding, dangerous driving and criminal damage. So, drink-driving would not qualify as it is an offence which would be tried in a magistrates court and only result in a maximum sentence of six months.

However, if you arrest a person who is later judged by the police or the courts not to have committed a 'serious offence' then your arrest may be unlawful.

If you have made an arrest using 'reasonable force' but the arrest is later judged to be unlawful then criminal charges can be brought against you. If you seriously injure the person being arrested then they can bring criminal charges against you regardless of the outcome of the arrest.

As soon as you have made an arrest you must alert the police. Then you must either hand the arrested person over to a policeman in the street or take them to a police station as soon as possible.

However, the most important thing to consider when deciding whether to make a citizen's arrest is your own safety. If you are in any doubt then you should not put yourself at risk.    READ MORE ON CITIZEN ARREST

Q Can a PCSO use Citizen's powers of arrest to make an arrest?
A
A PCSO is as much a citizen as anyone else, so it follows that a PCSO has as much right to consider a citizen's arrest as anybody else does

Example Case: illustrating using of "CITIZEN ARREST POWERS" by PCSO in uniform and on duty:

PI & GI
writing on
22 Feb 2013
I was on a day shift once and i was on patrol in an estate in Milk and beans notorious for nominals. I called it the mistakes estate lol

I was approcahed by a woman as I was on patrol by the shops and she told me her handbag had just been snatched from the post office counter that she worked in gave me a good description of the male.I radioed in and was informed that a unit would be with me in about 15 minutes or more as they were tied up at another job, low and behold this drugged up confused scumbag came wandering along towards me and he fitted the description and he had the bag in his hand. I risk assesed it and decided to approch the male , he sat on a bench near a mum and a young baby spouting out rubbish and behaving intimidating. I went up to the male and told him to stay where he was as he was under citizens arrest. He was so out of it, he just sat there and I did not need to put hands on! shift arrived and took him away! if he decided to run though ...well he would be on the floor. I returned the bag to the woman and she was very greatful!


More information:
We have a 2007 comments page that was created as the 2008 grouping of PCSO powers was just coming in. There is also a 117k WORD DOC LISTING STANDARD POWERS THAT APPLY TO ALL PCSOs

Finally, there is a Home Office Circular dated 2007, that is worth reading, it also links to the Standard List of PCSO Powers



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