Power to cordon around designated area
21 Power to cordon around designated area
A police officer may direct a person or group of persons not to enter, or to leave or to remain in, an area that is a designated area whether or not a cordon has been placed around the area.
A police officer may, for the purposes of stopping and searching under this Part persons, vehicles or premises in a designated area, place a cordon around the designated area or any part of it.
A cordon may include any form of physical barrier, including a roadblock on any road that is in or in the vicinity of the designated area.
In order to cordon off an area, the police officer must take reasonable steps to notify people of the existence and boundaries of the area.
The area cordoned off must not be greater than is reasonably necessary for the purposes for which it is established.
While an area is cordoned off, a police officer must remain near the area and may take reasonable measures, including giving orders – to preserve the evidentiary value of the area or any thing in the area; and to secure the area against unauthorised disturbance; and to prevent an unauthorised person, animal or vehicle from disturbing the area; and to restrict entry to the area to people, animals, and vehicles, that are authorised; and to remove an unauthorised person, animal or vehicle from the area; and if the area is established in or around a vehicle, to prevent the vehicle from being moved.
An unauthorised person who, without reasonable excuse (the onus of proving which is on the person), enters a cordoned-off area is guilty of an offence. Fine not exceeding 100 penalty units and imprisonment for a term not exceeding 12 months.
An unauthorised person who, without reasonable excuse (the onus of proving which is on the person), disturbs any thing in a cordoned-off area is guilty of an offence. Fine not exceeding 100 penalty units and imprisonment for a term not exceeding 12 months.
A police officer may arrest without warrant an unauthorised person who enters a cordoned-off area or disturbs any thing in a cordoned-off area.
In this section – authorised, in relation to a cordoned-off area, means authorised by a police officer in attendance at the area; disturb includes damage, destroy, interfere with and remove.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.