25Access prohibitions: exemption from liability
(1) Neither an authorised person, nor the person under whose direction or control the authorised person acts, is to be liable in damages for anything done, or omitted to be done, by the authorised person in the exercise or purported exercise of a power under section 23.
(2) Subsection (1) does not apply to an act or omission shown to have been in bad faith.
(3) Subsection (1) does not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
(4) This section does not affect any other exemption from liability (whether at common law or otherwise).
(5) In this section “authorised person” has the same meaning as in section 23.
26Offence of failing to comply with a prohibition order or premises order
(1) A person against whom a prohibition order or a premises order is made commits an offence by failing to comply with the order.
(2) A person guilty of an offence under this section is liable—
- (a) on summary conviction in England and Wales—
- (i) to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), or
- (ii) to a fine,
- or both;
- (b) on summary conviction in Scotland—
- (i) to imprisonment for a term not exceeding 12 months, or
- (ii) to a fine not exceeding the statutory maximum,
- or both;
- (c) on summary conviction in Northern Ireland—
- (i) to imprisonment for a term not exceeding 6 months, or
- (ii) to a fine not exceeding the statutory maximum,
- or both;
- (d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.
(3) A person does not commit an offence under this section if—
- (a) the person took all reasonable steps to comply with the order, or
- (b) there is some other reasonable excuse for the failure to comply.
27Offence of failing to comply with an access prohibition, etc
(1) This section applies where a prohibition order or a premises order imposes an access prohibition (see section 22(6)).
(2) A person, other than the person against whom the order was made, who without reasonable excuse remains on or enters premises in contravention of the access prohibition commits an offence.
