3.2 Defining a PCSO search and seizure
PCSOs working in the community will encounter many different people from different backgrounds. There are several scenarios that enable them to search a person and seize certain items of property. Some require prior consent from the person they wish to search, others do not. There are also age parameters that need to be considered relating to the search and seizure of alcohol and tobacco.
Annex C of PACE Code A (Home Office, 2014) provides a summary of PCSO powers to search and seize. It identifies three categories of search and seizure:
- Category 1 requires the consent of the person before the search can take place.
- Category 2 does not require consent, but there are conditions that need to be satisfied before the search can take place.
- Category 3 relates to the seizure of controlled drugs.
Key law: Categories of search and seizure
Category 1 – Powers to search requiring the consent of the person and seizure
Where a person has been lawfully detained, the PCSO may search the person provided the person gives consent to such a search in relation to the following:
- a.persons for alcohol or a container for alcohol in an area covered by a public space protection order (PSPO)
- b.persons under 18 years old for alcohol in a public place
- c.persons under 16 years old found smoking tobacco or cigarette papers in a public place.
Category 2 – Powers to search not requiring the consent of the person and seizure
As set out in Category 3 to the Police Reform Act 2002, if the person has been lawfully detained, the PCSO may search the person without the need for that person’s consent in relation to the following:
- a.persons made subject to a requirement to wait for objects that might be used to cause physical injury to the person or the PCSO in any place where the requirement to wait has been made.
- b.persons made subject to a requirement to wait for items that might be used to assist escape in any place where the requirement to wait has been made.
Please note that the threshold for conducting this search is ‘reason to believe’ (Police Reform Act 2002, Schedule 3C 8(2)).
Category 3 – Powers to seize without consent other items if found during a lawful search
This power applies when drugs are found during any search mentioned in Category 1 or Category 2:
- (a) controlled drugs in a person’s possession in any place where the person is in possession of the drug.
Please note that if the drugs are found in the course of a search on premises, then Section 19 of PACE will apply and this grants a general power of seizure.