14Power to give directions

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.