SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 23

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 23

23—Senior police officer may make public safety order

        (1)         A senior police officer may make an order (a "public safety order ) in respect of a person or a class of persons if satisfied that—

            (a)         the presence of the person, or of persons of that class, at any premises or event, or within an area, poses a serious risk to public safety or security; and

            (b)         the making of the order is appropriate in the circumstances.

        (2)         In considering whether or not to make a public safety order in relation to a person or class of persons, the senior police officer must have regard to the following:

            (a)         whether the person or members of the class of persons have previously behaved in a way that posed a serious risk to public safety or security or have a history of engaging in serious criminal activity;

            (b)         whether the person or members of the class of persons—

                  (i)         are, or have been, members of a declared organisation; or

                  (ii)         are, or have been, subject to control orders; or

                  (iii)         associate, or have associated, with members of a declared organisation or persons subject to control orders;

            (c)         if advocacy, protest, dissent or industrial action is the likely reason for the person or members of the class of persons being present at the relevant premises or event, or within the relevant area—the public interest in maintaining freedom to participate in such activities;

            (d)         whether the degree of risk involved justifies the imposition of the prohibitions to be specified in the order (having regard, in particular, to any legitimate reason the person or members of the class of persons may have for being present at the relevant premises or event, or within the relevant area);

            (e)         the extent to which the making of the order will mitigate any risk to public safety or security;

            (f)         the extent to which the order is necessary having regard to other measures reasonably available to mitigate the risk;

            (g)         any other matters the officer thinks fit.

        (3)         A public safety order may prohibit a specified person or specified class of persons from—

            (a)         entering or being on specified premises; or

            (b)         attending a specified event; or

            (c)         entering or being within a specified area.

        (4)         If a public safety order prohibits attendance at a specified event, the order—

            (a)         may, in specifying the event, include associated events or activities (provided that the associated events or activities occur on the same day as the principal event or part of the principal event); and

            (b)         must define the area or areas in which the event takes place for the purposes of the order; and

            (c)         must define when the event is taken to start and finish for the purposes of the order.

        (5)         Despite any other provision of this section, a senior police officer must not make a public safety order that would prohibit a person or class of persons from being present at any premises or event, or within an area, if—

            (a)         those persons are members of an organisation formed for, or whose primary purpose is, non-violent advocacy, protest, dissent or industrial action; and

            (b)         the officer believes that advocacy, protest, dissent or industrial action is the likely reason for those persons to be present at the premises or event or within the area.

        (6)         Subject to section 25, a public safety order operates for the period specified in the order.

        (7)         A public safety order may prohibit a person from entering premises or being on premises, whether or not the person has a legal or equitable interest in the premises, but must not prohibit a person from entering premises or being on premises that are the person's principal place of residence.

        (8)         For the purposes of this section, the presence of a person or persons at premises or an event or within an area poses a "serious risk to public safety or security if there is a serious risk that the presence of the person or persons might result in—

            (a)         the death of, or serious physical harm to, a person; or

            (b)         serious damage to property.

        (9)         In this section—

"damage", in relation to property, includes the following:

            (a)         destruction of the property;

            (b)         an alteration to the property that depreciates its value;

            (c)         rendering the property useless or inoperative;

            (d)         in relation to an animal—injuring, wounding or killing the animal.