Section 36 Police powers.C1 C2

United Kingdom

(1)

A constable in uniform may—

(a)

order a person in a cordoned area to leave it immediately;

(b)

order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;

(c)

order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;

(d)

arrange for the removal of a vehicle from a cordoned area;

(e)

arrange for the movement of a vehicle within a cordoned area;

(f)

prohibit or restrict access to a cordoned area by pedestrians or vehicles.

(2)

A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).

(3)

It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.

(4)

A person guilty of an offence under subsection (2) shall be liable on summary conviction to—

(a)

imprisonment for a term not exceeding three months,

(b)

a fine not exceeding level 4 on the standard scale, or

(c)

both.

Annotations

C1: S. 36 extended (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. I para. 14; S.I. 2002/2750, art. 2(a)(ii)(d)
C2: S. 36 extended (N.I.) (21.4.2007) by 2003 c. 6, Sch. 2A para. 15 (as inserted by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2)(3), 7, Sch. 5)