148BIssue of banning notice

148B Issue of banning notice S. 148B(1) amended by Nos 57/2010 s. 22, 37/2014 s. 10(Sch. item 96.20(a)). (1) A police officer who suspects on reasonable grounds that a person is committing or has committed a specified offence wholly or partly in a designated area may give the person a notice banning the person, for the period specified in the notice, from— (a) the designated area; or (b) all licensed premises in the designated area. S. 148B(2) amended by No. 18/2010 s. 49. (2) The period specified in the banning notice must not exceed 72 hours starting from the time the notice is given to the person to whom it applies. S. 148B(3) amended by Nos 57/2010 s. 22, 37/2014 s. 10(Sch. item 96.20(b)). (3) A police officer cannot give a banning notice to a person unless the police officer— (a) believes on reasonable grounds that the giving of the notice may be effective in preventing the person from— (i) continuing to commit the specified offence; or (ii) committing a further specified offence; and (b) considers that the continuation of the commission of the specified offence or the commission of a further specified offence may involve or give rise to a risk of alcohol-related violence or disorder in the designated area. S. 148B(4) amended by Nos 57/2010 s. 22, 37/2014 s. 10(Sch. item 96.20(c)(i)). (4) In determining whether there are reasonable grounds for his or her belief under subsection (3)(a), the police officer must consider— (a) the apparent state of health of the person to whom the notice is to apply; and (b) whether the person is likely to— (i) continue to commit the specified offence; or (ii) commit a further specified offence; and (c) whether the person should be arrested or held in custody pending the hearing of any charges against the person in respect of the specified offence; and (d) whether that person is capable of comprehending the nature and effect of the notice; and S. 148B(4)(e) amended by No. 37/2014 s. 10(Sch. item 96.20(c)(ii)). (e) any other matters the police officer considers relevant. S. 148B(5) amended by Nos 57/2010 s. 22, 37/2014 s. 10(Sch. item 96.20(d)). (5) A police officer must produce proof of his or her identity and official status before giving a banning notice to a person, unless the police officer is in uniform. S. 148B(6) amended by Nos 57/2010 s. 22, 37/2014 s. 10(Sch. item 96.20(e)). (6) A the police officer cannot give a banning notice referred to in subsection (1)(a) to a person if the police officer believes or has reasonable grounds for believing that the person lives or works in the designated area. (7) If a person to whom a banning notice applies lives or works in licensed premises in the designated area, the banning notice does not prevent him or her from entering those licensed premises during the period for which the notice applies. (8) No more than one banning notice may be given to a person for a designated area, or licensed premises in the area, in respect of the same specified offence, but a banning notice may be given to a person who is already subject to a banning notice for the designated area, or licensed premises in the area, if the subsequent notice is given in respect of a separate specified offence. S. 148C inserted by No. 73/2007 s. 5.