Explanatory Notes

Police and Justice Act 2006

2006 CHAPTER 48

8 November 2006

The Act

Commentary on Sections

Part 1: Police Reform
Section 9 and Schedule 5: Exercise of police powers by civilians

138.This section introduces Schedule 5 to the Act.

139.Schedule 5 makes various consequential and minor amendments in provisions in the Police Reform Act 2002.

140.Paragraph 2(3) inserts a new subsection (5B) into section 38 of the 2002 Act so that when a chief constable first designates a person as a CSO, he is required to ensure that the person has received adequate training in the exercise of the standard powers that are in force at that time.

141.The effect of paragraph 3 of the Schedule is to amend section 42 of the 2002 Act so that CSOs, when exercising powers or duties, must produce on demand evidence of their designation as a CSO and of any non-standard power which they exercise that has been conferred on them by their Chief Officer under section 38. Accordingly, CSOs will not have to carry with them details of all the standard powers which have been conferred upon them by an order under section 38A. The requirement to produce evidence of a designation could be satisfied by production of the designation itself, but could also be satisfied by something less, such as some form of document or card.