POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 48 Direction may be given to person

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 48

48 Direction may be given to person

(1) A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.

Examples for subsection (1)—

1 If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.

2 If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.

3 If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.

(2) However, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—

(a) public safety; or

(b) public order; or

(c) the protection of the rights and freedoms of other persons.

Examples of rights and freedoms for subsection (2)(c)—

1 the rights and freedoms of the public to enjoy the place

2 the rights of persons to carry on lawful business in or in association with the place

(3) Without limiting subsection (1) , a direction may require a person to do 1 of the following—

(a) leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;

(b) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;

(c) move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.

(4) The police officer must tell the person or group of persons the reasons for giving the direction.