SCHEDULES

C1SCHEDULE 4Powers exercisable by police civilians

Annotations:
Modifications etc. (not altering text)

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.