Serious Organised Crime and Police Act 2005

Community Support Officers E+W

2 E+W In paragraph 2 (power to detain etc.), after sub-paragraph (4) insert—

“(4A) If a person has imposed a requirement under sub-paragraph (3) or (3B) on another person (“P”), and P does not make an election under sub-paragraph (4), the person imposing the requirement shall, if a constable arrives within the thirty-minute period, be under a duty to remain with the constable and P until he has transferred control of P to the constable.

(4B) If, following an election under sub-paragraph (4), the person imposing the requirement under sub-paragraph (3) or (3B) (“the CSO”) takes the person upon whom it is imposed (“P”) to a police station, the CSO—

(a) shall be under a duty to remain at the police station until he has transferred control of P to the custody officer there;

(b) until he has so transferred control of P, shall be treated for all purposes as having P in his lawful custody; and

(c) for so long as he is at the police station, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent P's escape and to assist in keeping P under control.”

Commencement Information

I1 Sch. 9 para. 2 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

3 E+W In paragraph 4 (power to use reasonable force to detain person)—

(a) in sub-paragraph (2)(b), after “relevant offences” insert “ or relevant licensing offences ”,

(b) in sub-paragraph (3), after “making off” insert “ and to keep him under control ”.

Commencement Information

I2 Sch. 9 para. 3 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

4 E+W After paragraph 4 insert—

“4ZA Where a designation applies this paragraph to any person, that person may, if he has imposed a requirement on any person to wait with him under paragraph 2(3B) or by virtue of paragraph 7A(8) or 7C(2)(a), use reasonable force to prevent that other person from making off and to keep him under control while he is either—

(a) subject to that requirement; or

(b) accompanying the designated person to a police station in accordance with an election made under paragraph 2(4).

4ZB Where a designation applies this paragraph to any person, that person, if he is complying with any duty under sub-paragraph (4A) or (4B) of paragraph 2, may use reasonable force to prevent P (as identified in those sub-paragraphs) from making off (or escaping) and to keep him under control.”

Commencement Information

I3 Sch. 9 para. 4 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)