Questions & Answers Archive
What are the different powers of arrest?
Do you carry a warrant card or some form
of identity? Are you allowed to carry out
a search on someone while not on duty?
Powers of arrest... these powers changed in January 2006, and are now as follows. Note that the law is complicated, and this is only intended as a guide.
Any person (i.e. a citizen) can arrest
someone who:
1) is in the act of committing an indictable offence, or
2) they reasonably suspect to be committing such an offence,
provided that:
- The offence is an "indictable" one (i.e. one
of the more serious offences), and
-
It is not reasonably practicable for a
constable to make the arrest, and
-
The arrest is necessary to prevent the
person in question:
- (a) causing physical injury to himself
or any other person;
- (b) suffering physical injury;
- (c) causing loss of or damage to
property; or
- (d) making off before a constable can
assume responsibility for him."
Police officers can in addition arrest someone
who:
3) they reasonably suspect of having committed
any offence, or
4) is about to commit any offence, and
- provided that the arrest is "necessary" under certain criteria
- (a) to enable the name of the person in
question to be ascertained (in the case where the
constable does not know, and cannot readily ascertain,
the person's name, or has reasonable grounds for
doubting whether a name given by the person as his name
is his real name);
- (b) correspondingly as regards the
person's address;
-
(c) to prevent the person in question-
-
(i) causing physical injury to
himself or any other person;
-
(ii) suffering physical injury;
-
(iii) causing loss of or damage to
property;
-
(iv) committing an offence against
public decency; or
-
(v) causing an unlawful obstruction
of the highway;
-
(d) to protect a child or other
vulnerable person from the person in question;
-
(e) to allow the prompt and effective
investigation of the offence or of the conduct of the
person in question;
-
(f) to prevent any prosecution for the
offence from being hindered by the disappearance of the
person in question.
There are other nuances to this but broadly
speaking these are the "powers"
of arrest. The first two everyone has, which
is where the "citizens arrest"
comes from. This was overhauled and changed by a new law on
1st January 2006 as a result of the Serious Organised Crime and Police Act.
Specials are issued with a warrant card just
like regular officers. This is the police
officer's authority to police - his or her
"warrant". Without the warrant
card, the officer would not be lawfully able
to make arrests, etc. We have to carry ours
at all times (except when in the bath of
course).
Regarding off-duty powers, this is a common
topic of discussion! The Home Office recently clarified this (at
last) -- Specials have the same powers as regular oficers on and off
duty, the only difference being that Specials only have those powers
in their own or adjoining force areas.
So whether a regular or a Special, you could
make an off duty arrest,
etc... but it's strongly advised against
and really only for emergencies. Think
about it - when off-duty you wouldn't
have a radio to call for help, aren't recognisable
as a police officer, and the chances of ending
up face down in the gutter mean it's really
not a good idea.
Far better in those circumstances to act
as an "expert witness", dial 999
and observe from a safe distance. The main
exception is if someone's life is in real
and immediate danger, but then any member
of the public has a moral and civic duty
to get involved in those circumstances anyway.
Back to questions
I am only 16 and am thinking of signing up
for the Special Constabulary, however I think
you need to be 18... so in the meantime,
do you have any information on voluntary
placements to do with the Specials?
You do need to be at least 18 and a half
to join the Specials in England and Wales, in Scotland it's a little
different - some Scottish forces use 18 and a half for the minimum
age (Grampian Police, for example), but others have the minimum
joining age set at just 18 (for example, Central Scotland Police
Force). Check with your chosen force.
If you're younger than 18, a number of forces operate Voluntary Cadet
Schemes for 14 to 18 year olds. There is more information about cadets here on our
forum.
If you're interested to learn more about
the police service generally, the best bet
is to write to the area inspector at your
local police station and ask if you could
visit one day. Alternatively your school
might be able to sort out work placement
for you - ask your careers teacher for advice.
There are lots of websites out there which
offer more information about the police service - you
can find some of them from my links page.
Back to questions
Do Specials get paid?
The topic of paying Specials comes up regularly,
perhaps not surprisingly!
In the Police Reform Act of 2002 the Government
provided for specials to be paid but left it up to individual police
forces and police authorities to decide if, when and how much they
might pay. A number of trials were conducted into different
methods of paying Specials and a number of Forces have now formally
started paying Specials. In Hull they took a different
approach and offer Specials a 50% discount on council tax (see
this
story).
These payments and incentives are by no means
nationwide and the majority of forces are still relying on their
Specials to turn up for free.
Don't put a down-payment on the Bentley just yet
though, even those who are paying are only offering around £2,500 a year for specials
performing a certain number of duty hours. Any such pay will
almost certainly be treated by the Inland Revenue as taxable income
of course which further complicates matters!
For the latest updates on this topic, see our
long-running discussion
here on our forum about paying Specials.
Back to questions
What happens when you go out on
the streets? Do the specials have to wait for 'authorisation' from
the regular before making any arrests or anything? Are you ever on
your own dealing with situations?
I live in Scotland and spoke to a sergeant who said there will
always be a regular officer with you, you
will never be on your own. Is that true?
Even if you go out and get
split up?
Firstly I should say that I my experiences are only
with serving in
an English police force and that Scottish
police forces do things a little differently
- not least because the law is different!
So I can tell you what happens in my experience
but you should ask a Scottish officer for
the definitive answer.
Specials working in England and Wales are police
officers with full powers. They do not have to
get authorisation from a regular officer
before making arrests or doing anything like
that. Specials typically fall under the command of regular
police sergeants so do what I am told when
they ask me. Many Specials are independent so will sometimes work on
their own out on
the street, so they are making decisions
for themselves based on their experience and understanding
of the law.
In Scotland I guess they use specials a little
differently, it's my understanding that officers
always work in pairs so it seems likely that
you would always be with a regular officer,
or maybe a special. I can see circumstances
where you would get split up so I don't know
what happens in these cases - I guess common
sense prevails!
Back to questions
I live in Greenock which is covered by Strathclyde
police. I have applied for the Special Constabulary
having just turned 18. Would you say I am
too young??
You need to be 18 and-a-half years old to
apply, but ask yourself if you have the necessary
maturity... much of being a police officer
is about relating to other people, and this
is a skill which really only comes with life
experience... of course, being a special
will bring you lots of that very quickly!
Could you enlighten a 51 year old as to whether
he is too old to join the Special Constabulary
please?
Until the introduction of the Age Discrimination Act in 2006 I would have said that 51 was too old, as most forces
set the cut-off at 45 or 50. However your age may no longer be a bar provided you are fit and healthy and able to peform the duties of a constable. It is
worth talking to one or two forces
in your area (full list here) to see what they say.
Back to questions
I have applied to join the Specials and have
now been invited to attend a test at the
police HQ. What can I expect when I get there?
I think the test to which you refer is really
the assessment - effectively a half-day extended
interview which many forces use.
They not trying to catch you out, but will
put you through a series of exercises and
role plays to see if you are made of the
"right stuff". Obviously they don't
expect you to know any police stuff at this
stage but they want to see if you have strength
of character, moral fibre, that sort of thing.
They may also ask you to do a written test
(to assess your handwriting and literacy)
and will probably get you to do a short 5-min
presentation to your fellow candidates...
really to see how confident you are.
They are looking for evidence that you have
the characteristics needed in a police officer
- including confidence, listening skills,
common sense, an ability to express yourself
and relate to people, initiative, maybe even
a degree of moral and/or physical courage.
If some or all of these things don't come
easily to you, then maybe being
a police
officer/special isn't for you.
However if
you are still sure then make
sure during
the role plays that you look
and listen,
assess the situation, then deal
with it as
confidently as you can. They
don't expect
you to know law, or even how
a police officer
would react, rather they want
to see how
you react. For the definitive
answer have
a chat with the recruitment officer
at the
force's HQ.
Back to questions
I have just been accepted as a Special but
can't work many Fridays and Saturdays as
I have to look after our 1 year old daughter...
I wanted to maybe work a couple of nights
during the week and maybe all day Saturday.
Do you think that my force would have a problem
with that when I finish my training?
The main requirement of you as a Special
is that you work a minimum number of hours
per month (usually 16, although your force
may differ slightly). When you work those
hours is up to you - the regulars will appreciate
the extra manpower whenever you are able
to come in and help.
The only issue I can think of is that you may be
assigned to a Specials tutor and for the first few weeks/months will
have to work with him or her - clearly you will need
to find times when you are both available
which may make things a bit tricky. My advice
would be to discuss it with your section
officer, it is his/her responsibility to
ensure you get trained and deployed properly
so s/he will just have to work around your
availability.
Back to questions
I've just joined the Specials... am I allowed
to take my uniform home? I wanted to show
it off to my parents, make them proud of
me!
You might find you have no choice - locker space is
always at a premium in police stations and Regulars always seem to
get priority over Specials for lockers. So forces do allow you
to take it home, and what you do with it there is up to you - no worries if the proud parents want
to take photos of you. You won't be allowed to take your CS spray
home though, that will be kept in a secure locker at the police
station. The only caution I would
give is that uniform is a lot safer at a
police station (think burglaries) so unless
there's a no other choice (e.g. no locker space at the nick) I
wouldn't advise it long-term.
Back to questions
First enquiry: My father was a Special during
WW2 and was awarded at least one service
medal. I recall that it had a blue coloured
ribbon but, alas, it has long since disappeared.
Second enquiry: I am trying to do some research
into my father's early life - he was a Special
Constable in the 1920s, and although I don't
know the exact dates, I do know he was an
Inspector and that he served during the General
Strike (1926).
Are there any archives for the Special Constabulary?
Could you point me in the right direction
to find out more details about his service?
I don't have any sort of records or archive
myself, but I think a good place to start
would be the police force with which your
relative served. You can find a list of contact
details here.
The Police Federation represents full-time
rank and file police officers in the UK,
however they might maintain some sort of
register of medals, etc. You can contact
them via their web site.
Failing that you could try contacting the
Home Office, who are the government department responsible
for the police service in the UK and who
should also hold copies of records from the
war.
My final suggestion would be to post your
question on our forum where many police officers
both Special and Regular contribute. They may have other ideas which
could help your quest.
Back to questions
I want to join the police as a
full-time officer, and am now considering joining the special
constabulary to see if I would fit in before making the commitment
to join the force full time. In your experience, is this a wise
decision? Do many special constabulary officers take this path?
Quite a lot of Specials these days seem to
join the regulars within 2 years of joining
up... so it's certainly not an unusual path
to take. There's no doubt that being a Special
is a very good way of telling whether the
job of a full-time police officer is for
you... as a special you will be doing almost
exactly the same job as the regular officers you work alongside.
So you'll have the chance not only to observe
and learn but also to ask questions of the
people really doing the job. So most specials
who go on to become regulars have a pretty
good idea of what they are letting themselves
in for!
It's not a shoo-in though, the interviews
and assessments for appointment as a regular
are often just as tough whether you've been a special
or not. Having said that a number of forces - for example Essex and
Hampshire - are now offering an abbreviated recruitment procedure straight
from the specials into the regulars. Of course, being a special will give you some insight
into what the force is looking for, as well as much
more of that all-important life experience!
The only thing to watch out for might be
that forces are getting a bit more careful
about taking on Specials who aren't going
to stay long -- because they invest in uniform,
training etc. and they want to get typically
at least a year or two out of you in return.
As a result I know some forces actually ban
their Specials from joining them as regulars
within the first two years. Best bet is to
talk to the recruitment officer at your chosen
force and see what s/he advises.
Would a degree in Law help me
get into the police force?
There are no formal qualifications required to join
the police service, so someone with a degree has as much chance as
someone without. The old graduate scheme has been replaced by
the
High Potential Development Scheme (HPDS) which is open to all
officers, it provides an accelerated and guided promotion path for
exceptional officers, which
means you can make sergeant after a couple
of years, then inspector after a few more,
and so on... in theory faster than if you aren't on HPDS.
Back to questions
I am at present training to become a chartered
accountant which involves periodic intensive
studying. I have only my finals to
sit but when I start studying for these I
will require all my time after work and all
weekends to study for a few months. My
question therefore is would I be able to
take some time out of my duties to study?
Also my main interest is to help protect
our nation especially against terrorist threat.
As a Special and with my skills as
an accountant (which principally involves
using numbers to investigate assumptions
and opinions) do you think it may be possible
to help in this role or is this limited to
MI5 employees only?
I think you would have to consider whether
now is the right time to join up as a Special...
I mean, what's the point if you are going
to be too busy studying to go out on duty?
Anything you have learnt during training
will quickly go out of your head if you don't
put it into practice every week... so perhaps
delay joining up until after your finals?
Every police officer on the street is helping
to protect our nation against
terrorism,
whether simply providing reassurance,
acting
as a deterrent or by specific
involvement
in operations which disrupt terrorist
activities.
I'm not sure though you will get the chance
to use your accountancy skills as a Special
though - as you say this tends to be a specialist
activity and not usually one done by police
officers - e.g. if CID are looking into a
complex fraud they may well call in an outside
consultant to help understand the figures but wouldn't think to look
closer to home. In my experience Specials' "real life" skills
are not really drawn on that much, which
is probably a mistake but there you go!
Back to questions
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