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Policing and Crime Act 2009

Enforcement

141.New section 136F applies when a closure order is made.

142.Subsection (2) allows a constable or any other person authorised by the chief officer of police to enter the property and secure it against entry by any other person.

143.Subsection (3) requires a constable or authorised person to produce evidence proving their identity and authority if asked to do so by either the owner, occupier or other person in charge of the premises.

144.Subsection (4) allows a constable or authorised person to enter the premises at any time to carry out essential maintenance or repairs. Subsection (5) provides a constable or authorised person with the power to use reasonable force for these purposes and for entering and securing the premises under subsection (2).

145.New section 136G creates the offences of remaining on or entering premises contrary to the terms of a closure notice (subsection (1)) or order (subsection (2)) without reasonable excuse (subsection (3)) or of obstructing a constable or authorised person carrying out certain functions under this Part (subsection (4)).

146.Subsection (5) provides that the maximum penalty for these offences is a level five fine, currently £5000, imprisonment for 51 weeks or both. For offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003, or in Northern Ireland, the penalty should be read as six months rather than 51 weeks imprisonment.

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