Forced To Leave ?

[over_the_hill]

Not quite a driving issue but could be in certain circumstances if an RTA
happened near your house involving a tanker or other hazardous load.

Heard on the news this morning about the fire at Kings Cross and the closure
of the station. Also said that nearby residents were "evacuated" from their
homes due to risk from gas containers (exploding) on a building site.

Now it would probably be wise to move out of your house if there was a
potentially dangerous situation nearby, but can you be forced to leave ?
or be denied access to your own property ?

The prospect of several days living in a community hall may not be that
appealing to some, and thats before you even start getting down to the
finer details of having no kit with you.

[vonhosen]

Depends what the purpose is.
In some cases they can force you to leave, in others not.

[Dwight Vandriver]

Thats interesting VH.

Was chewing this over and unresearched was unable to come up with any statute giving power for Police to enforce if they do not want to leave.

Appreciate one could always go the ' ways and means' road i.e. invoke Mental Health Act and have them certified????

dvd

[Hollywood Wheels]

Dwight Vandriver said:

Appreciate one could always go the ' ways and means' road i.e. invoke Mental Health Act and have them certified????

Only in a public place dvd as you very well know! I can't think of any power that could be used, especially if someone is already within their property and not out in public. Leave 'em to it i say!

[Dwight Vandriver]

Have a look at Section 4 and 6 of Mental Health Act 1983 HW. When you invoke W& M Act you really do have to be elastic.....

Remember shiney alloy wheels are no substitute for a silvery tongue????

dvd

Edited by Dwight Vandriver on Wednesday 28th June 15:16

[Hollywood Wheels]

Cordons, or someone trying to get back into a house could bring Obstruction into play, but actually getting somebody out of their private property? Still think it's a sticky wicket....

[vonhosen]

Dwight Vandriver said:

Thats interesting VH.

Was chewing this over and unresearched was unable to come up with any statute giving power for Police to enforce if they do not want to leave.

Appreciate one could always go the ' ways and means' road i.e. invoke Mental Health Act and have them certified????

dvd

Section 36 of the Terrorism Act 2000

36(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.

36(2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).

Edited by vonhosen on Wednesday 28th June 16:58

[streaky]

vonhosen said:

Dwight Vandriver said:

Thats interesting VH.

Was chewing this over and unresearched was unable to come up with any statute giving power for Police to enforce if they do not want to leave.

Appreciate one could always go the ' ways and means' road i.e. invoke Mental Health Act and have them certified????

dvd

Section 36 of the Terrorism Act 2000

36(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.

36(2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).

Edited by vonhosen on Wednesday 28th June 16:58

Don't try that one on VH. For the purposes of the Terrorism Act 2000 a "cordoned area" is defined in S33:

(1) An area is a cordoned area for the purposes of this Act if it is designated under this section.

(2) A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.

[My emphasis.]

Streaky

[vonhosen]

streaky said:

vonhosen said:

Dwight Vandriver said:

Thats interesting VH.

Was chewing this over and unresearched was unable to come up with any statute giving power for Police to enforce if they do not want to leave.

Appreciate one could always go the ' ways and means' road i.e. invoke Mental Health Act and have them certified????

dvd

Section 36 of the Terrorism Act 2000

36(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.

36(2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).

Edited by vonhosen on Wednesday 28th June 16:58

Don't try that one on VH. For the purposes of the Terrorism Act 2000 a "cordoned area" is defined in S33:

(1) An area is a cordoned area for the purposes of this Act if it is designated under this section.

(2) A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.

[My emphasis.]

Streaky

And the OP was asking are there any circumstances you can be forced to leave.
I said initially depends on the circumstances, those typically being under terrorism act, or where the premises is a crime scene itself & treating it as such is reasonable.
A terrorist incident would be a potentially dangerous situation as per the OP's original post.

Edited by vonhosen on Wednesday 28th June 19:30

[streaky]

vonhosen said:

streaky said:

vonhosen said:

Dwight Vandriver said:

Thats interesting VH.

Was chewing this over and unresearched was unable to come up with any statute giving power for Police to enforce if they do not want to leave.

Appreciate one could always go the ' ways and means' road i.e. invoke Mental Health Act and have them certified????

dvd

Section 36 of the Terrorism Act 2000

36(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.

36(2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).

Edited by vonhosen on Wednesday 28th June 16:58

Don't try that one on VH. For the purposes of the Terrorism Act 2000 a "cordoned area" is defined in S33:

(1) An area is a cordoned area for the purposes of this Act if it is designated under this section.

(2) A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.

[My emphasis.]

Streaky

And the OP was asking are there any circumstances you can be forced to leave.
I said initially depends on the circumstances, those typically being under terrorism act, or where the premises is a crime scene itself & treating it as such is reasonable.
A terrorist incident would be a potentially dangerous situation as per the OP's original post.

Edited by vonhosen on Wednesday 28th June 19:30

Accepted; I took your comment in the context of the original question - Streaky