87RPower of senior police officer to make public safety order

87R Power of senior police officer to make public safety order

87R Power of senior police officer to make public safety order

(1) A senior police officer may make a public safety order only if satisfied that—

(a) the presence of the person (or class of persons) concerned at the public event or premises or other area concerned poses a serious risk to public safety or security, and

(b) the making of the order is reasonably necessary in the circumstances.

Note.

Section 87S includes provisions about the content of a public safety order, including in relation to its duration.

Section 87T contains provisions concerning the service and notification of variations to public safety orders. In particular, section 87T(4) provides that a statement of the reasons for making or varying a public safety order must not contain information that would result in the disclosure of a criminal intelligence report or other criminal information held in relation to a person.

(2) In determining whether the making of a public safety order is reasonably necessary in the circumstances, the senior police officer must take into account the following matters and may take into account any other matter that the officer considers relevant—

(a) whether the person or persons to whom the order will apply previously behaved in a way that posed a serious risk to public safety or security or have a history of engaging in serious crime related activity within the meaning of the Criminal Assets Recovery Act 1990,

(b) whether the person or persons to whom the order will apply—

(i) are, or have been, members of a declared organisation (within the meaning of the Crimes (Criminal Organisations Control) Act 2012), or

(ii) are, or have been, subject to control orders under that Act, or

(iii) associate, or have associated, with members of a declared organisation or persons subject to control orders within the meaning of that Act,

(c) if advocacy, protest, dissent or industrial action is likely to be the primary purpose for the person or persons to whom the order will apply being present at the relevant public event or premises or other area—the public interest in maintaining freedom to participate in such activities,