Davenham Parish Council

Our PCSO shared with Moulton Parish is TOM McDERMOTT. The powers of the PCSO are listed below and are quite extensive. The PCSO is employed by Cheshire Constabulary and will be works on a shift pattern which includes evenings up to midnight and daytime working and covers every day of the week. Together with the CAT (Community Action Team) police officers and other regular police officers this provides for a much greater coverage than we have previously experienced. Most importantly the tasks and priorities of the PCSO will be set (working with the Police) by the Moulton and Davenham Community Safety Action Group (MADSAG) made up of Parish and Borough Councillors and other Community representatives. Davenham and Moulton Parish Councils each make a contribution, together with the Constabulary, to the cost of employing the PCSO.

Tom will have bases in Davenham, Moulton and Kingsmead and will have immediate access to all Police facilities and backup and will patrol the area on a bike (rather than in a car) so will be readily available to talk to people and deal with incidents, problems and issues.

Contact with the PCSO can be made by e-mail to pcso@davenhampc.org.uk. In addition a number of 'postboxes' for people to supply written information will be provided. You should feel free to approach Tom personally 'on the street' at any time.

If you wish to report an incident that is actually happening you should call the Police Control Room at 01606 48000

Read the PCSO's Report

 

Current powers of a PCSO in Cheshire

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 agreed September 2007

Power to issue Fixed Penalty Notice (FPN) for dog fouling Power of an authorised officer of a local authority to give a notice under section 4 of the Dogs (Fouling of Land) Act 1996.

Power to issue FPN graffiti/fly-posting

Power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003.

Power to issue fixed penalty notices in respect of offences under dog control orders: power of an authorised officer of a primary or secondary authority, within the meaning of section 59 of the Clean Neighbourhoods and Environment Act 2005, to give notice under that section (fixed penalty notices in respect of dog control orders).

Power to stop vehicles for testing, power to escort abnormal loads and power to carry out road checks

Limited power to enter licensed premises: The Serious Organised Crime and Police Bill allows PCSOs to be designated with a power to enter licensed premises under section 180 of the Licensing Act 2003 for the purposes of investigating relevant licensing offences.

Power to search for alcohol and tobacco: Where a person has failed to comply with a requirement under paragraph 5 or 6 or has failed to allow a PCSO to seize tobacco under paragraph 7 of Schedule 4 to the Police Reform Act 2002 and a PCSO reasonably believes that the person is in possession of alcohol or tobacco then a PCSO may search them for it and dispose of anything found.

Power to seize drugs and require name and address for possession of drugs: The Serious Organised Crime and Police Act 2005 allows PCSOs to be designated with a power seize unconcealed drugs or drugs found when searching for alcohol, tobacco or dangerous items. The PCSO must retain the drugs until a constable instructs them what to do with it.

Power to issue Penalty Notice for Disorder (PND) for: sale of alcohol to a person under 18; purchase of alcohol for person under 18; delivery of alcohol to person under 18; drinking in designated area; consumption of alcohol by person under 18 or allowing such consumption; buying or attempting to buy alcohol by a person under 18 and sells or attempts to sell alcohol to a person who is drunk.

Power to deal with begging: The Serious Organised Crime and Police Act 2005 makes offences under sections 3 and 4 of the Vagrancy Act 1824 into relevant offences. It also gives PCSOs a power to detain a person who they have required to stop committing an offence under sections 3 and 4 of the Vagrancy Act and who has failed to comply with the requirement. 

Power to issue PND for breach of fireworks curfew; possession of a category 4 firework; possession by persons under 18 of an adult firework; supply of excessively load firework

Power to require name and address for relevant offences Power to require the name and address of a person whom a PCSO has reason to believe has committed a relevant offence (Relevant offences are defined under subparagraph 2(6) of Schedule 4 of the Police Reform Act).

Power to detain: Power to detain a person whom a PCSO has reason to believe has committed a relevant offence who fails to comply with a requirement to give name and address or who gives an answer which the PCSO reasonably suspects to be false or inaccurate for up to 30 minutes or until the arrival of a police officer (or to accompany that person to a police station if he or she elects to do so on request).

Power to photograph persons away from a police station: The Serious Organised Crime and Police Act 2005 enables PCSOs to be designated with the power to photograph a person who has been arrested, detained or given a fixed penalty notice away from the police station.

Power to stop and search in authorised areas: Powers under the Terrorism Act 2000 in authorised areas to stop and search vehicles and pedestrians when in the company and under the supervision of a constable.

Power to enforce cordoned areas: under section 36 of the Terrorism Act 2000

Power to enforce byelaws: The Serious Organised Crime and Police Act 2005 provides that offences committed under relevant byelaws are relevant offences under paragraph 2(6) of Schedule 4 of the Police Reform Act 2002. A relevant byelaw is a byelaw from a list of byelaws that has been agreed between a chief constable and a relevant byelaw-making body.

Power to remove children in contravention of curfew notices to their place of residence: Power to remove a child to their place of residence if the PCSO has reason to believe that the child is in contravention of a curfew notice under sub-sections 15(1), (2) and (3) of the Crime and Disorder Act 1998.

Power to issue FPN for truancy Power of a constable to give a penalty notice under section 444A of the Education Act 1996.

Power to remove truants to a designated place: where a local authority designates premises to which young person or child may be removed under this section, Powers of a constable in uniform to remove a child or young person that they have reasonable cause to believe is absent from school without lawful authority, back to the school or to designated premises.