Police Reform Act 2002

SCHEDULE 4 Powers exercisable by contracted-out staff

Section 38 Part 1 Community Support Officers Part 2 Investigating Officers Part 3 Detention Officers Attendance at police station for fingerprinting 25 Where a designation applies this paragraph to any person, he shall, in respect of police stations in the relevant police area, have the power of a constable under Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) to require a person to attend a police station in order to have his fingerprints taken. Non-intimate searches of detained persons 26 (1) Where a designation applies this paragraph to any person, he shall have the powers of a constable under section 54 of the 1984 Act (non-intimate searches of detained persons)— (a) to carry out a search under that section of any person at a police station in the relevant police area or of any other person otherwise in police detention in that area; and (b) to seize or retain, or cause to be seized or retained, anything found on such a search. (2) Subsections (6C) and (9) of section 54 of that Act (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this paragraph as they apply to the exercise of the power in question by a constable. Searches and examinations to ascertain identity 27 Where a designation applies this paragraph to any person, he shall have the powers of a constable under section 54A of the 1984 Act (searches and examinations to ascertain identity)— (a) to carry out a search or examination at any police station in the relevant police area; and (b) to take a photograph at any such police station of an identifying mark. Searches of persons answering to live link bail 27A (1) Where a designation applies this paragraph to any person, that person has the powers of a constable under section 54B of the 1984 Act (searches of persons answering to live link bail)— (a) to carry out a search of any person attending a police station in the relevant police area; and (b) to seize or retain articles found on such a search. (2) Anything seized by a person under the power conferred by sub-paragraph (1) must be delivered to a constable as soon as practicable and in any case before the person from whom the thing was seized leaves the police station. Intimate searches of detained persons 28 (1) Where a designation applies this paragraph to any person, he shall have the powers of a constable by virtue of section 55(6) of the 1984 Act (intimate searches) to carry out an intimate search of a person at any police station in the relevant police area. (2) Subsection (7) of section 55 of that Act (no intimate search to be carried out by a constable of the opposite sex) shall apply to the exercise by a person to whom this paragraph applies of any power exercisable by virtue of this paragraph as it applies to the exercise of the power in question by a constable. Fingerprinting without consent 29 Where a designation applies this paragraph to any person— (a) he shall have, at any police station in the relevant police area, the power of a constable under section 61 of the 1984 Act (fingerprinting) to take fingerprints without the appropriate consent; and (b) the requirement by virtue of subsection (7A)(a) of that section that a person must be informed by an officer that his fingerprints may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies. Warnings about intimate samples 30 Where a designation applies this paragraph to any person, the requirement by virtue of section 62(5)(c) of the 1984 Act (intimate samples) that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies. Non-intimate samples 31 Where a designation applies this paragraph to any person— (a) he shall have the power of a constable under section 63 of the 1984 Act (non-intimate samples), in the case of a person in a police station in the relevant police area, to take a non-intimate sample without the appropriate consent; (b) the requirement by virtue of subsection (6) of that section (information about authorisation) that a person must be informed by an officer of the matters mentioned in that subsection shall be capable of being discharged, in the case of an authorisation in relation to a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies; and (c) the requirement by virtue of subsection (8B)(a) of that section that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in such a police station, by his being so informed by the person to whom this paragraph applies. Attendance at police station for the taking of a sample 32 Where a designation applies this paragraph to any person, he shall, as respects any police station in the relevant police area, have the power of a constable under Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) to require a person to attend a police station in order to have a sample taken. Photographing persons in police detention 33 Where a designation applies this paragraph to any person, he shall, at police stations in the relevant police area, have the power of a constable under section 64A of the 1984 Act (photographing of suspects etc.) to take a photograph of a person detained at a police station. Taking of impressions of footwear 33A Where a designation applies this paragraph to any person— (a) he shall, at any police station in the relevant police area, have the powers of a constable under section 61A of the 1984 Act (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; and (b) the requirement by virtue of section 61A(5)(a) of the 1984 Act that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies. Powers in respect of detained persons 33B Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station— (a) to keep under control any person detained at the police station and for whom he is for the time being responsible; (b) to assist any officer or other designated person to keep any other person detained at the police station under control; and (c) to prevent the escape of any such person as is mentioned in paragraph (a) or (b), and for those purposes shall be entitled to use reasonable force. 33C Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when— (a) securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station in the relevant police area, or (b) escorting within a police station in the relevant police area, or assisting an officer or another designated person to escort within such a police station, a person detained there. 33D Where a designation applies this paragraph to any person, he is authorised to carry out the duty under— (a) section 55 of the Police and Criminal Evidence Act 1984 of informing a person who is to be subject to an intimate search under that section of the matters of which he is required to be informed in pursuance of subsection (3B) of that section; (b) section 55A of that Act of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that section of the matters of which he is required to be informed in pursuance of subsection (3) of that section. Part 4 Escort Officers Power to take an arrested person to a police station 34 (1) Where a designation applies this paragraph to any person— (a) the persons who, in the case of a person arrested by a constable in the relevant police area, are authorised for the purposes of subsection (1A) of section 30 of the 1984 Act (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station in that area shall include that person; (b) that section shall have effect in relation to the exercise by that person of the power conferred by virtue of paragraph (a) as if the references to a constable in subsections (3), (4)(a) and (10) (but not the references in subsections (5) to (9)) included references to that person; and (c) a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)— (i) shall be treated for all purposes as having that person in his lawful custody; (ii) shall be under a duty to keep the person under control and to prevent his escape; and (iii) shall be entitled to use reasonable force to keep that person in his charge and under his control . (d) a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)— (i) shall be under a duty to remain at the police station until he has transferred control of the other person to the custody officer at the police station; (ii) until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody; (iii) 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 sub-paragraph (i), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and (iv) shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii). (2) Without prejudice to any application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph— (a) he shall have the same powers under subsections (6A) and (6B) of section 54 of the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention— (i) to carry out a search of the other person; and (ii) to seize or retain, or cause to be seized or retained, anything found on such a search; (b) subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable. Escort of persons in police detention 35 (1) Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station in the relevant police area to escort a person in police detention— (a) from that police station to another police station in that or any other police area; or (b) from that police station to any other place specified by the custody officer and then either back to that police station or on to another police station in that area or in another police area. (2) Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station outside the relevant police area to escort a person in police detention— (a) from that police station to a designated police station in that area; or (b) from that police station to any place in that area specified by the custody officer and either back to that police station or on to another police station (whether in that area or elsewhere). (3) A person who is escorting another in accordance with an authorisation under sub-paragraph (1) or (2)— (a) shall be treated for all purposes as having that person in his lawful custody; (b) shall be under a duty to keep the person under control and to prevent his escape; and (c) shall be entitled to use reasonable force to keep that person in his charge and under his control . (3A) A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1) or (2) — (a) shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person there; (b) until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody; (c) for so long as he is at the police station or other place, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and (d) shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c). (4) Without prejudice to any application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (3) of this paragraph— (a) he shall have the same powers under subsections (6A) and (6B) of section 54 the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention— (i) to carry out a search of the other person; and (ii) to seize or retain, or cause to be seized or retained, anything found on such a search; (b) subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable. (5) Section 39(2) of that Act (responsibilities of custody officer transferred to escort) shall have effect where the custody officer for any police station transfers or permits the transfer of any person to the custody of a person who by virtue of this paragraph has lawful custody outside the police station of the person transferred as it would apply if the person to whom this paragraph applies were a police officer. Part 4A Powers in respect of detained persons 35B Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station— (a) to keep under control any person detained at the police station and for whom he is for the time being responsible; (b) to assist any officer or other designated person to keep any other person detained at the police station under control; and (c) to prevent the escape of any such person as is mentioned in paragraph (a) or (b), and for those purposes shall be entitled to use reasonable force. 35C Where a designation applies this paragraph to any person, he is authorised to carry out the duty under— (a) section 55 of the Police and Criminal Evidence Act 1984 of informing a person who is to be subject to an intimate search under that section of the matters of which he is required to be informed in pursuance of subsection (3B) of that section; (b) section 55A of that Act of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that section of the matters of which he is required to be informed in pursuance of subsection (3) of that section. Part 5 Interpretation of Schedule 36 (1) In this Schedule “the relevant police area”— (a) in relation to a person designated under section 39 by the chief officer of any police force, means the police area for which that force is maintained; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In Parts 3 and 4 of this Schedule “a designation” means a designation under section 39. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Expressions used in this Schedule and in the 1984 Act have the same meanings in this Schedule as in that Act.