Prevention of contravention of public safety order
31 Prevention of contravention of public safety order
This section applies if a police officer reasonably suspects an offence against section 32 has been committed, is being committed, or is about to be committed in relation to a public safety order.
The police officer may exercise 1 or more of the following powers—
stop a person or group of persons for whom the order has been made from entering a public safety place;
stop, detain and search a vehicle approaching, in or leaving a public safety place—
to search for a person for whom the order has been made; or
to serve a copy of the order on a person for whom the order has been made;
remove a person or group of persons for whom the order has been made from a public safety place;
take any other steps the police officer reasonably considers necessary.
However, before exercising a power under subsection (2), a police officer must, if it is practicable to do so, first give the person against whom the power is to be exercised a direction—
for subsection (2)(a)—not to enter the public safety place; or
for subsection (2)(c)—to leave the public safety place; or
for subsection (2)(d)—to take the step the police officer reasonably considers necessary.
A police officer may give any direction that is reasonably necessary to exercise a power under subsection (2) or (3).
A direction given under this section is taken to be a direction given under the Police Powers and Responsibilities Act 2000.
Note—
Failure to comply with a direction given under this section is an offence against the Police Powers and Responsibilities Act 2000, section 791.
A person does not commit an offence against the Police Powers and Responsibilities Act 2000, section 791 if—
the person was directed to do something under this section; and
the court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1).
In this section—
public safety place means—
premises or an area to which a public safety order applies; or
a place where an event is taking place to which a public safety order applies.
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