Moulton Parish Council

Current powers of Cheshire PCSOs

Power to issue Fixed Penalty Notice (FPN) for littering Power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990.

Power to remove abandoned vehicles under regulations made under section 99 of the Road Traffic Regulation Act 1984

Power to issue FPN for cycling on pavement Power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 in respect of an offence under section 72 of the Highway Act 1835 (riding on a footway) committed by cycling.

Power to stop cycles: Powers of a constable in uniform to stop a cycle under section 163(2) of the Road Traffic Act 1988 when a PCSO has reason to believe that a person has committed the offence of riding on a footpath.

Power to require name and address for road traffic offences: The Serious Organised Crime and Police Act 2005 allows PCSOs to be designated with the power to require the name and address of a driver or pedestrian who fails to follow the directions of a community support officer or police officer.

Power to direct traffic and to place traffic signs

Power to seize vehicles used to cause alarm: Power to stop and seize a vehicle which a PCSO has reason to believe is being used in a manner which contravenes sections 3 or 34 of the Road Traffic Act 1988 under section 59 of the Police Reform Act 2002.

Power to require persons drinking in designated area to surrender alcohol Power to require a person whom a PCSO reasonably believes is, or has been, consuming alcohol in a designated public place or intends to do so, to not consume that alcohol and to surrender any alcohol or container for alcohol.

Power to require persons aged under 18 to surrender alcohol: Power to require a person who he reasonably believes is aged under 18 or is or has been supplying alcohol to a person aged under 18 to surrender any alcohol in his possession and to give their name and address. Power to require such a person to surrender sealed containers of alcohol if the PCSO has reason to believe that the person is or has been consuming or intends to consume alcohol. Power to dispose of alcohol surrendered. 

Power to seize tobacco from a person aged under 16 and to dispose of that tobacco.

Power to require name and address for anti-social behaviour: Power of a constable in uniform under section 50 of the Police Reform Act 2002 to require a person whom he has reason to believe to have been acting, or to be acting, in an anti-social manner to give his name and address.

Power to enter and search any premises for purposes of saving life and limb or preventing damage to property

Power to disperse groups and remove persons under 16 to their place of residence: Powers which, by virtue of an authorisation under section 30 of the Anti-social Behaviour Act 2003, are conferred on a constable in uniform by section 30(3) to (6) of that Act (power to disperse groups and remove persons under 16 to their place of residence).

The PCSOs employed by the Constabulary will also have the full powers of a Traffic Warden.

Additional powers are available and have been agreed by the Chief Constable. These require Royal Assent which is expected by autumn 2007. These are listed here