Search and Surveillance Powers Bill

  • discharged on 02 July 2009
32 Warrantless temporary closing of roads by police
  • (1) This section applies to a senior member of the police who is for the time being in charge at any place and has reasonable grounds to believe that the circumstances in subsection (2) exist.

    (2) The circumstances are that the senior member of the police has reasonable grounds, in relation to a place,—

    • (a) to believe that public disorder exists, or is imminent, at or adjacent to it; or

    • (b) to believe that danger to any member of the public exists or may reasonably be expected at or adjacent to it; or

    • (c) to suspect that an indictable offence not triable summarily under section 6 of the Summary Proceedings Act 1957 has been committed or discovered at or adjacent to it.

    (3) A person to whom this section applies—

    • (a) may close temporarily, for as long as is reasonably necessary, any road, or any part of a road, at the place, or leading to or from it, or in its vicinity; and

    • (b) must notify the relevant road controlling authority (as defined in section 5 of the Land Transport Management Act 2003) as soon as is reasonably practicable of any closure under paragraph (a).

    (4) A road closure under subsection (3) may be a closure to all traffic or to any specified type of traffic (including pedestrian traffic).

    (5) In this section, road includes a motorway within the meaning of the Public Works Act 1981, a private road, and a private way.