Peace and Good Behaviour Act 1982
sec.76Power to give stop and desist notice
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sec.76 Power to give stop and desist notice
A commissioned officer may give a notice (a stop and desist notice ), in the approved form, to an owner or occupier of premises requiring the owner or occupier to stop and desist from installing stated fortification of the premises. A commissioned officer may give a stop and desist notice only if the officer reasonably believes— steps are being taken to install excessive fortification of the premises; and the premises are either— being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders. The notice takes effect— when the notice is given by a police officer to an owner or occupier of the premises by personal service; or if service under paragraph (a) is not practicable—by leaving the notice at the premises in a conspicuous place. The notice remains in force until the day that is 14 days after the day on which the notice is given to the owner or occupier under subsection (3) . s 76 ins 2016 No. 62 s 267 (sec.76-ssec.1) A commissioned officer may give a notice (a stop and desist notice ), in the approved form, to an owner or occupier of premises requiring the owner or occupier to stop and desist from installing stated fortification of the premises. (sec.76-ssec.2) A commissioned officer may give a stop and desist notice only if the officer reasonably believes— steps are being taken to install excessive fortification of the premises; and the premises are either— being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders. (sec.76-ssec.3) The notice takes effect— when the notice is given by a police officer to an owner or occupier of the premises by personal service; or if service under paragraph (a) is not practicable—by leaving the notice at the premises in a conspicuous place. (sec.76-ssec.4) The notice remains in force until the day that is 14 days after the day on which the notice is given to the owner or occupier under subsection (3) .
- (a) steps are being taken to install excessive fortification of the premises; and
- (b) the premises are either— (i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or (ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders.