Part 1Espionage, sabotage and persons acting for foreign powers

Entering and inspecting places used for defence etc

I1I211Powers 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 sectioncordoned area” means an area designated as a cordoned area under section 9.