NSWIn ForceAct
Court Security Act 2005
14Power to give directions
Start here
Get a plain-English read of 14
Turn the raw legal text into a practical explanation grounded in Court Security Act 2005.
#### 14 Power to give directions
14 Power to give directions
> > (1) A security officer may give a direction to a person in court premises if the security officer has reasonable grounds to believe that the person’s behaviour in the premises (referred to in this section as relevant conduct)—
> >
> > > (a) is obstructing another person or persons, or
> >
> > > (b) constitutes harassment or intimidation of another person or persons, or
> >
> > > (c) is causing or is likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness.
>
> > (2) Such a direction must be reasonable in the circumstances for the purpose of reducing or eliminating the obstruction, harassment, intimidation or fear.
>
> > (2A) Without limiting subsection (1), a security officer may give either or both of the following directions to a person who is entering or in court premises—
> >
> > > (a) a direction to remove a helmet that is being worn by the person,
> >
> > > (b) a direction to not wear a helmet while in court premises.
>
> > (2B) A security officer may give a direction under subsection (2A) only if the helmet concerned is obscuring the face of the person wearing it or would obscure the face of a person wearing it.
>
> > (3) If a security officer has complied with this section and section 20 in giving a direction to a person under this section and the person fails to comply with the direction, the security officer may again give the direction and, in that case, must again warn the person that failure to comply with the direction may be an offence.
> >
> > Note.
> >
> > Section 20 requires a security officer to provide certain information and a warning before exercising a power under this section.
>
> > (4) A person must not, without reasonable excuse, fail to comply with a direction given in accordance with subsection (3).
> >
> > Maximum penalty (subsection (4)): 20 penalty units.
>
> > (5) A person is not guilty of an offence under subsection (4) unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct.
>
> > (6) A security officer may give a direction under this section to persons comprising a group.
>
> > (7) In the case of a direction that is given to a group of persons in accordance with this section, the security officer is not required to repeat the direction, or to repeat the information and warning referred to in section 20, to each person in the group.
>
> > (8) In the case of a direction that is given to a group of persons in accordance with subsection (3), the security officer is not required to repeat the direction, or to repeat the warning referred to in that subsection, to each person in the group.
>
> > (9) However, just because the security officer is not required to repeat any such direction, information or warning does not in itself give rise to any presumption that each person in the group has received the direction, information or warning.
>
> > (10) The other person or persons referred to in subsection (1) need not be in the court premises but must be near the premises at the time the relevant conduct is being engaged in.
>
> > (11) For the purposes of subsection (1) (c), no person of reasonable firmness need actually be, or be likely to be, present at the scene.
>
> **s 14:** Am 2011 No 15, Sch 1 \[6\]–\[8\].