Cordons Flashcards
Q: What is a cordon?
A cordon is a line.
Q: What law gives the police the power to designate cordons?
S33 Terrorism Act 2000- gives the police the police the power to designate a specific area as a cordoned area for the purpose a terrorist investigation.
Q: What is a ‘terrorist investigation’?
S32 2000 Act
Means an investigation of-
(a) the commission, preparation or instigation of acts of terrorism
(b) an act which appears to have been done for the purposes of terrorism
(c) the resources of a proscribed organisation
(d) the possibility of making an order under section 3(3), or
(e) the commission, preparation or instigation of an offence under this Act or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act
Q: When can a designation for a cordon be made?
S33(2)- A designation may be made only if the person considers it expedient for the purposes of a terrorist investigation
Q: How should a designation be made?
S33(3)- If a designation is made orally, then the person making it must confirm it in writing as soon as reasonably practicable.
The person making the designation must arrange for the demarcation of the cordoned area, so far as is reasonably practicable-
(a) by means of tape marked with the word ‘Police’ or
(b) in such other manner as a constable considers appropriate.
Q: Who can designate a cordon?
S34- designations must be made by a Superintendent or above.
Q: Can officers of a lower rank designate cordons in any other circumstance? What if a superintendent does not agree?
An officer of a lower rank may make a designation if he considers it necessary by reason of urgency. As soon as reasonably practicable, he must make a written record of the time the designation was made and ensure that a Superintendent or above is informed.
Any such Superintendent should then confirm or cancel. If it is cancelled, he should make a note of the cancellation and the reasons why.
Q: How long does a designation last? When does it begin?
S35- Duration
The period of the designation begins at the time it is made and ends on the date specified in the order.
Initially, this must not exceed 14 days, but this period can be extended in writing by the person who made it or by a superintendent or above. This extension can take the period up to a maximum of 28 days beginning on the day the order is made.
Q: What are the police powers in relation to a designated cordon?
S36 2000 Act
(1) a constable in uniform may-
(a) order a person in a cordoned area to leave it immediately;
(b) order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;
(c) order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;
(d) arrange for the removal of a vehicle from a cordoned area;
(e) arrange for the movement of a vehicle within a cordoned area;
(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles.
Q: Does the officer giving the order to leave have to be in uniform? What about the person designating the cordon?
The officer giving the order to leave or making arrangements must be in uniform. But the person designating the cordon doesn’t need to be.
Q: Do PCSOs have the power to designate cordons?
PCSOs can have these powers conferred upon them.
Q: What if someone fails to comply with the order?
S36(2)- A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).
Q: Are there are defences?
S36(3)- It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.
Q: What type of offence is failure to comply with an order?
Summary offences
Maximum sentence of 3 months and/or a fine.
Q: Is there a power that allows police to request passenger/crew data from incoming and outgoing flights to prevent terrorism?
Asylum, Immigration and Nationality Act 2006- a superintendent or above may request passenger, service and crew info from an owner or agent of a ship or aircraft that is arriving or expected to arrive at any place in the UK or is leaving or expected to leave any place in the UK.
There is a similar power to request freight info from the owners or agents of ships and aircrafts or the owners and hirers of vehicles.
It is an offence to fail to comply without reasonable excuse.
