20Safeguards concerning exercise of relevant powers

20 Safeguards concerning exercise of relevant powers

20 Safeguards concerning exercise of relevant powers

(1) This section—

(a) does not apply to the exercise of a power under section 10, 11 or 13A, and

(b) applies in addition to, and not in derogation of, the provisions of section 14.

Note.

Sections 10, 11 and 13A make special provision for the giving of the kind of information referred to in this section.

Section 14, which confers a power on security officers to give persons in court premises reasonable directions, contains a number of safeguards in relation to the exercise of the power.

(2) A security officer must provide the person who is subject to the exercise of a relevant power with the following information within the time specified by subsection (3)—

(a) evidence that the officer is a security officer (for example, by showing the person the officer’s certificate of identification),

(b) the name or badge number of the security officer,

(c) the reason for the exercise of the power,

(d) a warning that failure or refusal to comply with a direction or requirement of the security officer, in the exercise of the power, may be an offence.

(3) The information referred to in subsection (2) must be provided—

(a) in the case of the exercise of a power of arrest—

(i) if it is practicable to do so, before or at the time of exercising the power, or

(ii) if it is not practicable to do so, as soon as is reasonably practicable after exercising the power, or

(b) in any other case—before exercising the power concerned.

(4) The information referred to in subsection (2) may, but need not, be provided in writing.

(5) If 2 or more security officers are exercising a relevant power, only one officer present is required to comply with this section.

(6) However, if a person asks another security officer present for information as to the name or badge number of the security officer, the security officer must give to the person the information requested.