SCHEDULES
C1SCHEDULE 4Powers exercisable by police civilians
Part 1Community Support Officers
7AF1Search and seizure powers: alcohol and tobacco
1
Where a designation applies this paragraph to any person (“the CSO”), the CSO shall have the powers set out below.
2
Where—
a
in exercise of the powers referred to in paragraph 5 or 6 the CSO has imposed, under section 12(2) of the Criminal Justice and Police Act 2001 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol or a container for alcohol;
b
that person fails to comply with that requirement; and
c
the CSO reasonably believes that the person has alcohol or a container for alcohol in his possession,
the CSO may search him for it.
3
Where—
a
in exercise of the powers referred to in paragraph 7 the CSO has sought to seize something which by virtue of that paragraph he has a power to seize;
b
the person from whom he sought to seize it fails to surrender it; and
c
the CSO reasonably believes that the person has it in his possession,
the CSO may search him for it.
4
The power to search conferred by sub-paragraph (2) or (3)—
a
is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and
b
does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.
5
A person who without reasonable excuse fails to consent to being searched is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
6
A CSO who proposes to exercise the power to search a person under sub-paragraph (2) or (3) must inform him that failing without reasonable excuse to consent to being searched is an offence.
7
If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.
8
Sub-paragraph (3) of paragraph 2 applies in the case of a requirement imposed by virtue of sub-paragraph (7) as it applies in the case of a requirement under paragraph 1A(3); and sub-paragraphs (4) to (5) of paragraph 2 also apply accordingly.
9
If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.
Sch. 4 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 28(1)(g)(2), 120 (with s. 72); S.I. 2004/1572, art. 3(k)