Page:Public Order Act 2009.pdf/35

36 :(d) shows that he is just about to commit an offence or has just committed or is committing an offence.

(2) If the regulated place is a public place, subsection (1) shall apply in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in the part of the public place at or near where the person then is.

(3) Subsection (1)(a) shall apply to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.

(4) For the avoidance of doubt, subsections (1)(a) and (3) do not limit subsection (1)(b), (c) and (d).

Direction to move on

36.—(1) Subject to this section, a police officer of or above the rank of sergeant may give to a person or group of persons whose behaviour is of a kind mentioned in section 35 any direction in writing that is reasonable in the circumstances.

(2) A police officer shall not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—
 * (a) public safety;
 * (b) public order; or
 * (c) the protection of the rights and freedoms of other persons.

(3) The rights and freedoms referred to in subsection (2)(c) includes a reference to the rights and freedoms of the public to enjoy the place and the rights of persons to carry on lawful business in or in association with the place.

(4) Without prejudice to the generality of subsection (1), a direction may require a person to do one of the following:
 * (a) leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;
 * (b) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;