Page:Public Order Act 2009.pdf/40

Rh PART V MISCELLANEOUS Power of arrest

40. Any police officer may arrest without warrant any person offending in his view against any of the provisions of this Act, and take him before a Magistrate’s Court to be dealt with according to law.

Composition of offences

41.—(1) The Commissioner or any police officer authorised in writing by the Commissioner may, in his discretion, compound any offence under this Act which is prescribed as an offence which may be compounded by the Commissioner or such police officer by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of either of the following amounts:
 * (a) one half of the amount of the maximum fine that is prescribed for the offence; or
 * (b) $5,000.

(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.

Owner or occupier of premises where unlawful assembly, etc., takes place

42. Where the owner or occupier of any premises upon which an assembly or a procession is about to take place is given notice by any police officer that the assembly or procession is unlawful under Part II, and such assembly or procession does take place on those premises, the owner or occupier of those premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, unless he took all reasonable measures and exercised all due diligence to prevent the assembly or procession from taking place.

Onus of proof

43. In any proceedings under this Act, the onus of proving that the public or any class of the public did not have access to any public place shall lie on the person alleging the fact.