PCSO stopping cars?
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Discussion

Mattt

Original Poster:

16,664 posts

249 months

Sunday 3rd June 2007
quotequote all
The other day (I assume as part of a larger operation) there were a couple of PCSOs stopping cars for random checks (it looked like to me anyway).

I assume they are able do it, by the fact that they were doing so, but it seemed odd that they were doing this, knowing how much training regular BiBs have to have to pull over cars.

Do PCSOs normally get involved with traffic ops?

  • EDIT - Can someone change the special spelling in the title please!*
Edited by Mattt on Sunday 3rd June 13:13

vonhosen

40,597 posts

248 months

Sunday 3rd June 2007
quotequote all
Yes they have the same powers as a constable under Sec 163 RTA 1988

Mattt

Original Poster:

16,664 posts

249 months

Sunday 3rd June 2007
quotequote all
What would happen if they did find defects? Could they issue a DRN or HORT/1 (or worse) or would they have to wait for a regular?

vonhosen

40,597 posts

248 months

Sunday 3rd June 2007
quotequote all
Mattt said:
What would happen if they did find defects? Could they issue a DRN or HORT/1 (or worse) or would they have to wait for a regular?
Beyond stopping it depends on what they dealing with as to the powers conveyed on them. They for instance have the same powers as a constable under sec 59 of the Police Reform Act 2002.

7db

6,060 posts

261 months

Sunday 3rd June 2007
quotequote all
You're joking. That's a disgrace.

So people who aren't even constables can cause your car to be confiscated with no judicial review?

Zeeky

2,954 posts

243 months

Sunday 3rd June 2007
quotequote all
Judicial Review? The legality of an offical act or law can always be challenged in the Courts with standing and a reasonable case.

I am confused. Do you mean that confiscation should only happen after a Court hearing? If so the Judiciary are unlikely to be involved; it would be the Magistrates.

In my view no official should be able to confiscate your vehicle unless to prevent the commission of a serious crime or to prevent a serious risk of death or serious injury.



vonhosen

40,597 posts

248 months

Sunday 3rd June 2007
quotequote all
7db said:
You're joking. That's a disgrace.

So people who aren't even constables can cause your car to be confiscated with no judicial review?
No joke, the powers are the same, except that if it means entering premises in order to do so they need a Police officer supervising.

Of course even though they have the power within law to do so, it is for the force concerned to decide proceedurally whether they can or not.

vonhosen

40,597 posts

248 months

Sunday 3rd June 2007
quotequote all
Zeeky said:
Judicial Review? The legality of an offical act or law can always be challenged in the Courts with standing and a reasonable case.

I am confused. Do you mean that confiscation should only happen after a Court hearing? If so the Judiciary are unlikely to be involved; it would be the Magistrates.

In my view no official should be able to confiscate your vehicle unless to prevent the commission of a serious crime or to prevent a serious risk of death or serious injury.
Yes that's your view, but not the legislature's.

Zeeky

2,954 posts

243 months

Sunday 3rd June 2007
quotequote all
vonhosen said:
Zeeky said:
Judicial Review? The legality of an offical act or law can always be challenged in the Courts with standing and a reasonable case.

I am confused. Do you mean that confiscation should only happen after a Court hearing? If so the Judiciary are unlikely to be involved; it would be the Magistrates.

In my view no official should be able to confiscate your vehicle unless to prevent the commission of a serious crime or to prevent a serious risk of death or serious injury.
Yes that's your view, but not the legislature's.
Hence the use of the words. 'In my view'. If I was referring to the view of our legislature I would quote the relevant legislation.

What was the purpose of that response other than to state the obvious that I had already stated?

7db

6,060 posts

261 months

Sunday 3rd June 2007
quotequote all
Are C3POs even sworn-in by magistrates?

7db

6,060 posts

261 months

Sunday 3rd June 2007
quotequote all
vonhosen said:
Beyond stopping it depends on what they dealing with as to the powers conveyed on them. They for instance have the same powers as a constable under sec 59 of the Police Reform Act 2002.
Do they all have the same powers, or does it depend one to the other?

Zod

35,295 posts

289 months

Sunday 3rd June 2007
quotequote all
vonhosen said:
Yes they have the same powers as a constable under Sec 163 RTA 1988
Great isn't it that the government confers such powers on a bunch of monkeys with a few hours of training. rolleyes

Zeeky

2,954 posts

243 months

Sunday 3rd June 2007
quotequote all
Probably just as much training as 'Specials' who have the Full Monty of Police powers...

Not sure why Section 163 of the RTA 1988 requires skills monkeys couldn't learn. It's hardly rocket science.

vonhosen

40,597 posts

248 months

Sunday 3rd June 2007
quotequote all
7db said:
Are C3POs even sworn-in by magistrates?
Constables aren't.

vonhosen

40,597 posts

248 months

Sunday 3rd June 2007
quotequote all
7db said:
vonhosen said:
Beyond stopping it depends on what they dealing with as to the powers conveyed on them. They for instance have the same powers as a constable under sec 59 of the Police Reform Act 2002.
Do they all have the same powers, or does it depend one to the other?
Not sure what you mean confused

7db

6,060 posts

261 months

Monday 4th June 2007
quotequote all
vonhosen said:
7db said:
Are C3POs even sworn-in by magistrates?
Constables aren't.
Only in the Met. Everyone else swears-in before a JP.

Other question is whether all PSCOs have the same powers to require vehicles to stop, etc, or whether only some have those powers.

streaky

19,311 posts

280 months

Monday 4th June 2007
quotequote all
Zeeky said:
Do you mean that confiscation should only happen after a Court hearing? If so the Judiciary are unlikely to be involved; it would be the Magistrates.
Magistrates are members of the Judiciary - Streaky

streaky

19,311 posts

280 months

Monday 4th June 2007
quotequote all
Zod said:
vonhosen said:
Yes they have the same powers as a constable under Sec 163 RTA 1988
Great isn't it that the government confers such powers on a bunch of monkeys with a few hours of training. rolleyes
Magistrates - who deal with around 95% of criminal cases - receive three days training (plus reading and distance-learning exercises, three court observations and a visit to a prison facility - if they can find one) PCSOs' training seems to be on a par (taking the ratio of a BiB's training and experience to that of a Circuit Judge)- Streaky

thunderbelmont

2,982 posts

255 months

Monday 4th June 2007
quotequote all
Zeeky said:
In my view no official should be able to confiscate your vehicle unless to prevent the commission of a serious crime or to prevent a serious risk of death or serious injury.
Surely if the vehicle was un-insured, no MOT (and possibly not roadworthy), would you rather it was left to ride around on our highways, or would you rather the constubulary use all of their available manpower to perform something of benefit to all road users, rather than issue them with LTI20/20's to benefit their coffers?

I would love to see the day when the serious offender (no tax/insurance/mot/licence) see's their vehicle fed in to a mobile fragmenting machine, within minutes of them being pulled by an ANPR check.

Maybe, if more of that were done, the ambulance chasers would be out of work, and our premiums could fall.


stepej

445 posts

271 months

Monday 4th June 2007
quotequote all
I knew they could direct traffic but didn't realise by how much their powers had grown....
Until I read this document