Crime and Disorder Act 1998 (c. 37)

Part I Prevention of crime and disorder

Chapter III Great Britain

25 Powers to require removal of masks etc

(1) After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—

“(4A) This section also confers on any constable in uniform power—

(a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

(b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.”

(2) In subsection (5) of that section, for the words “those powers” there shall be substituted the words “the powers conferred by subsection (4) above”.

(3) In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs—

“(a) to stop, or to stop a vehicle; or

(b) to remove an item worn by him,”.

26 Retention and disposal of things seized

After section 60 of the 1994 Act there shall be inserted the following section—

“60A Retention and disposal of things seized under section 60

(1) Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section.

(2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

(3) Regulations under this section may make different provisions for different classes of things or for different circumstances.

(4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

27 Power of arrest for failure to comply with requirement

(1) In section 24(2) (arrestable offences) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”), after paragraph (n) there shall be inserted—

“(o) an offence under section 60(8)(b) of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove mask etc.);”.

(2) After section 60A of the 1994 Act there shall be inserted the following section—

“60B Arrest without warrant for offences under section 60: Scotland

In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under section 60(8) he may arrest that person without warrant.”