English and Welsh Police Law Explained
Jun 16, 2026 · 12 min · 6 segments
In this weeks episode we look at PCSO Powers designated under section 38 Police Reform Act 2002. Discussing what PCSO's are allowed to do, and why this differs depending on the police force they work…
[ambulance siren] Section 38.
So when people talk about PCSOs and what powers they do or do not have, it all starts with Section 38 of the Police Reform Act 2002.
This section gives chief constables the legal authority to appoint members of police staff as community support officers, or PCSOs, and to give them certain powers.
An important point here is that PCSOs don't automatically get a fixed set of powers just because they're PCSOs.
Instead, the powers they can use depends on what the chief officer has formally designated to them, and that's why the powers available to PCSOs can vary between police force areas.
Before someone can be designated as a PCSO, the chief officer has to be satisfied that they're suitable for the role, capable of carrying out the duties effectively, and have received the necessary training.
In other words, there are legal safeguards in place to make sure PCSOs are properly trained and competent before they are given any police powers.
Where a PCSO has been given a power that would normally belong to a constable, they can generally use that power within their force area in the same circumstances as a police officer could.
However, the chief officer can place restrictions on those powers, limiting when, where, or how they can be used.
It's also important to remember that PCSOs can only use the designated powers while they're on duty and acting in the course of their employment.
They can't exercise those powers when they're off duty or acting in a private capacity.
Another interesting part of Section 38 relates to use of force.
So legislation doesn't create a blanket ban on PCSOs using force, but it depends on the specific power they've been given and the circumstances they are in.
Finally, if a power involves forcing entry into a premises, there are much greater restrictions.
A PCSO can only exercise that power while accompanying and under the supervision of a police constable, unless the entry is necessary to save life, prevent serious injury, or prevent serious damage to property.
[ambulance siren] Schedule 3C.
[ambulance siren] Section 38.
So when people talk about PCSOs and what powers they do or do not have, it all starts with Section 38 of the Police Reform Act 2002.
This section gives chief constables the legal authority to appoint members of police staff as community support officers, or PCSOs, and to give them certain powers.
An important point here is that PCSOs don't automatically get a fixed set of powers just because they're PCSOs.
Instead, the powers they can use depends on what the chief officer has formally designated to them, and that's why the powers available to PCSOs can vary between police force areas.
Before someone can be designated as a PCSO, the chief officer has to be satisfied that they're suitable for the role, capable of carrying out the duties effectively, and have received the necessary training.
In other words, there are legal safeguards in place to make sure PCSOs are properly trained and competent before they are given any police powers.
Where a PCSO has been given a power that would normally belong to a constable, they can generally use that power within their force area in the same circumstances as a police officer could.
However, the chief officer can place restrictions on those powers, limiting when, where, or how they can be used.
It's also important to remember that PCSOs can only use the designated powers while they're on duty and acting in the course of their employment.
They can't exercise those powers when they're off duty or acting in a private capacity.
Another interesting part of Section 38 relates to use of force.
So legislation doesn't create a blanket ban on PCSOs using force, but it depends on the specific power they've been given and the circumstances they are in.
Finally, if a power involves forcing entry into a premises, there are much greater restrictions.
A PCSO can only exercise that power while accompanying and under the supervision of a police constable, unless the entry is necessary to save life, prevent serious injury, or prevent serious damage to property.
[ambulance siren] Schedule 3C.
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