Commentary on Sections
Part 4: Escort Officers
228.This Part covers escort powers. It includes powers enabling civilians to transport arrested persons to police stations. It also allows civilians to escort detained persons from one police station to another or between police stations and other locations specified by the custody officer.
229.Paragraph 34 enables a suitably designated person to carry out the duty of taking a person arrested by a constable to a police station as soon as practicable. That must be a designated station (i.e. a main station equipped for holding detainees) unless the person is working in an area not covered by such a station and it appears that it will not be necessary to hold the arrestee for more than six hours. The designated person may delay removal to a police station if the arrestee is required elsewhere for immediate investigative purposes. A designated person using powers under this paragraph is regarded as having the arrestee in lawful custody. He has a duty to prevent escape and is entitled to use reasonable force and to carry out non-intimate searches.
230.Paragraph 35 enables a suitably designated person, with the authority of the custody officer, to escort detainees between police stations or between police stations and other specified locations. Once again, a designated person using powers under this paragraph is regarded as having the detainee in lawful custody. He has a duty to prevent escape and is entitled to use reasonable force and to carry out non-intimate searches. Where the custody officer transfers a detainee to a designated person under these provisions, the designated person becomes responsible for ensuring appropriate treatment for the detainee.
Section 39: Police powers for contracted-out staff
231.A number of police forces already contract out aspects of their detention and escort services to the private sector, but employees of companies involved in that work have not had access to relevant police powers. This section allows for the powers in Parts 3 and 4 of Schedule 4 to be conferred by the chief officer of a force on employees of companies contracted to provide detention and escort services to that force.
232.Subsection (1) provides that the section only applies where the police authority has entered into a contract with a ‘contractor’ for the provision of services relating to the detention or escort of persons who have been arrested or are detained in custody.
233.Subsection (2) enables the chief officer in charge of a force to designate any person who is an employee of a contractor as either a detention officer or an escort officer or both.
234.Under subsection (3), chief officers will be able to confer on such employees some of the powers and duties otherwise only available to police constables and others. Subsection (6) limits the powers that can be conferred on designated persons under this section to those in Part 3 (detention officers) and Part 4 (escort officers) of Schedule 4 to the Act. Subsection (7) clarifies that a designation cannot authorise or require conduct beyond the specified functions and that a designation may contain restrictions and conditions. For example, the designation may specify that the powers can only be used in a particular area or for a particular period.
235.Subsections (4) and (5) prevent a designation being granted unless the chief officer is satisfied that the person is suitable to carry out the relevant functions, capable of carrying them out and has been adequately trained and that the contractor is a fit and proper person to supervise the carrying out of the relevant functions.
236.Subsection (8) provides that where a power allows for the use of reasonable force when it is exercised by a police constable, a person exercising such a power under a designation shall have the same entitlement to use reasonable force as the constable; for example when carrying out a search.
237.Subsection (9) gives the Secretary of State the power to make regulations covering the handling of complaints or allegations of misconduct against designated persons when carrying out the relevant functions. Subsection (10) provides that regulations under subsection (9) may apply any provision of Part 2 of this Act in respect of complaints against police officers to complaints against persons designated under this section. The intention is to bring contracted-out persons within the remit of the Independent Police Complaints Commission. Subsection (11) requires the Secretary of State, before making regulations under this section, to consult those whom he considers represent the interests of police authorities and chief officers of police. Where this formulation occurs in existing legislation, the Secretary of State currently consults the APA and ACPO and/or CPOSA. The Secretary of State must also consult the Independent Police Complaints Commission. He may in addition consult anyone else he chooses.
238.Subsection (12) enables the chief officer to determine a fixed period for the designation which must be specified in the designation. The designation may be renewed at any time, but it can be withdrawn or cease. Subsection (13) requires the designation to cease if the designated person stops being an employee of the contractor or if the contract between the police authority and the contractor is terminated or expires.
Section 40: Community safety accreditation schemes
239.This section enables a chief officer of police to establish and maintain a scheme that accredits suitably skilled and trained non-police employees with powers to undertake specified functions in the support of the police. For example, a chief officer may accredit street wardens employed by the local authority with powers to address some anti-social behaviour offences.
240.Subsections (1) and (2) of this section enable the chief officer of a force to establish and maintain a community safety accreditation scheme in order that some of the powers normally available to police constables or others could be conferred on persons accredited under this scheme. Subsection (3) sets out the purposes of such a scheme. Subsections (4) and (5) list those whom chief officers must consult before establishing a community safety accreditation scheme in their police area. The Commissioner of the Metropolitan Police must consult the Metropolitan Police Authority, the Mayor of London, and every local authority any part of whose area lies within the police area. Every other chief officer must consult with the relevant police authority for that area and every local authority any part of whose area lies within the police area.
241.Subsection (7) requires that annual policing plans (prepared under section 8 of the 1996 Act) and drafts of such plans must detail the existence or otherwise of a community safety accreditation scheme in the area and any proposals to introduce such a scheme or modify an existing scheme. Annual plans should also detail the arrangements for powers to be extended to police support staff, and how the community safety accreditation scheme supplements this.
242.Subsection (8) ensures that a community safety accreditation scheme will require that arrangements be made with employers in the local police area. These arrangements will establish the supervision by these employers of those employees who have had conferred on them some of the powers normally available to a police constable or others.
Section 41: Accreditation under community safety accreditation schemes
243.Subsection (1) specifies that this section applies only where a chief officer has made arrangements with an employer to carry out community safety functions as part of a community safety accreditation scheme. Subsections (2) and (3) of the section enable the chief officer to accredit any employee of an employer who has entered into arrangements for the purposes of a community safety accreditation scheme, on receipt of an application, with any of the powers listed in Schedule 5.
244.Subsection (4) lists preconditions for the accreditation of any person. The chief officer must be satisfied that the employer is suitable to supervise a person who has such an accreditation, and that the accredited person is suitable to exercise the specified powers and duties, is capable of carrying out the relevant functions and has been adequately trained.
245.Subsection (5) enables a chief officer to charge a fee he considers appropriate for consideration of an application for accreditation or the renewal of accreditation, and for the granting of an accreditation.
246.Subsection (6) clarifies that accreditation cannot authorise or require conduct beyond the specified functions and that a designation may contain restrictions and conditions. For example, the accreditation may limit the extension of powers to a particular geographical area such as a particular area that is known to suffer from anti-social behaviour.
247.Subsection (7) enables the chief officer to determine a fixed period for the accreditation, which must be specified in the accreditation. The accreditation may be renewed at any time. However, it can be withdrawn or cease. Subsection (8) requires the accreditation to cease if the accredited person stops working for the employer who made arrangements with the chief officer to provide community safety functions under a community safety accreditation scheme or if the arrangements come to an end.
