Serious Organised Crime and Police Act 2005

112 Power to direct a person to leave a place E+W

(1) A constable may direct a person to leave a place if he believes, on reasonable grounds, that the person is in the place at a time when he would be prohibited from entering it by virtue of—

(a) an order to which subsection (2) applies, or

(b) a condition to which subsection (3) applies.

(2) This subsection applies to an order which—

(a) was made, by virtue of any enactment, following the person's conviction of an offence, and

(b) prohibits the person from entering the place or from doing so during a period specified in the order.

(3) This subsection applies to a condition which—

(a) was imposed, by virtue of any enactment, as a condition of the person's release from a prison in which he was serving a sentence of imprisonment following his conviction of an offence, and

(b) prohibits the person from entering the place or from doing so during a period specified in the condition.

(4) A direction under this section may be given orally.

(5) Any person who knowingly contravenes a direction given to him under this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In subsection (3)(a)—

(a) “sentence of imprisonment” and “prison” are to be construed in accordance with section 62(5) of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) the reference to a release from prison includes a reference to a temporary release.

(9) In this section, “place” includes an area.

(10) This section applies whether or not the order or condition mentioned in subsection (1) was made or imposed before or after the commencement of this section.

Textual Amendments

F1 S. 112(6) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)

F2 S. 112(7) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)

Commencement Information

I1 S. 112 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(e)