Powers of civilian Investigating Officers outside Force area.

12 September 2018

Not reviewed after the date of publication

Question:

I am an Investigating Officer, designated under section 38 of the Police Reform Act 2002. Can I use my powers outside of my own Force area?

Answer:

A designation of powers can be made in relation to other force areas. This is dealt with in section 38 of the Police Reform Act 2002 (in particular subsection (6F)): '38(6E) Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person - (a) in the area of that police force, and (b) in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force. 38(6F) A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated - (a) in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force); (b) only in such parts of the area of that police force as are specified in the designation; (c) only in cases or circumstances so specified.' Therefore utilising powers designated under section 38 outside of the designating force area, will be dependent upon what is provided for in the specific designation as per section 38(6F).

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