National Security Act 2023

11 Powers of police in relation to a cordoned area

(1) A constable may order—

(a) a person not to do any of the following (whether in person or by electronic or remote means)—

(i) enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area, or

(ii) cause an unmanned vehicle or device to enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area;

(b) a person in a cordoned area (whether in person or by electronic or remote means) to leave it immediately;

(c) a person in an area adjacent to a cordoned area to leave the area immediately;

(d) the driver or person in charge of a vehicle or device (whether in person or by electronic or remote means) in a cordoned area to move the vehicle or device from the area immediately.

(2) In subsection (1) a reference to inspecting a cordoned area includes taking or procuring the taking of photographs, videos or other recordings.

(3) A constable may arrange for—

(a) the removal of a vehicle or device from a cordoned area;

(b) the movement of a vehicle or device within a cordoned area.

(4) A person commits an offence if the person fails to comply with an order imposed under subsection (1).

(5) It is a defence for a person charged with an offence under subsection (4) to show that the person had a reasonable excuse for that failure.

(6) A person is taken to have shown a matter mentioned in subsection (5) if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) A person who commits an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(8) In this section “cordoned area” means an area designated as a cordoned area under section 9.