Police Reform Act 2002

38 Police powers for police authority employees E+W

(1) The chief officer of police of any police force may designate any person who—

(a) is employed by the police authority maintaining that force, and

(b) is under the direction and control of that chief officer,

as an officer of one or more of the descriptions specified in subsection (2).

(2) The description of officers are as follows—

(a) community support officer;

(b) investigating officer;

(c) detention officer;

(d) escort officer.

(3) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A chief officer of police F2 . . . shall not designate a person under this section unless he is satisfied that that person—

(a) is a suitable person to carry out the functions for the purposes of which he is designated;

(b) is capable of effectively carrying out those functions; and

(c) has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred [F3 or imposed] on him by virtue of the designation.

(5) A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.

[F4 (5A) A person designated under this section as a community support officer shall also have the standard powers and duties of a community support officer (see section 38A(2)).]

[F5 (5B) The reference in subsection (4)(c) to the powers and duties to be conferred or imposed on a person by virtue of his designation, so far as it is a reference to the standard powers and duties of a community support officer, is a reference to the powers and duties that at the time of the person's designation are the standard powers and duties of a community support officer.]

(6) Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of the applicable Part of Schedule 4 that are to apply to the designated person; and for this purpose the applicable Part of that Schedule is—

(a) in the case of a person designated as a community support officer, Part 1;

(b) in the case of a person designated as an investigating officer, Part 2;

(c) in the case of a person designated as a detention officer, Part 3; and

(d) in the case of a person designated as an escort officer, Part 4.

[F6 (6A) Subsection (6) has effect subject to subsections (5A) and (8).]

(7) An employee of a police authority F7 . . . authorised or required to do anything by virtue of a designation under this section—

(a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and

(b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.

(8) Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.

(9) Where any power exercisable by any person in reliance on his designation under this section includes power to use force to enter any premises, that power shall not be exercisable by that person except—

(a) in the company, and under the supervision, of a constable; or

(b) for the purpose of saving life or limb or preventing serious damage to property.

Textual Amendments

F1 S. 38(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 181(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))

F2 Words in s. 38(4) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 181(3), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))

F3 Words in s. 38(4)(c) inserted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 2(2); S.I. 2007/3203, art. 2(c)

F4 S. 38(5A) inserted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 7(1), 53; S.I. 2007/3203, art. 2(a)

F5 S. 38(5B) inserted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 2(3); S.I. 2007/3202, art. 2(c)

F6 S. 38(6A) inserted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 2(4); S.I. 2007/3203, art. 2(c)

F7 Words in s. 38(7) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 181(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))

Modifications etc. (not altering text)

C1 S. 38 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 28(1)(a)(2), 120 (with s. 72); S.I. 2004/1572, art. 3(k)