Part II Proscribed Organisations

Offences

13 Uniform F1and publication of images.

(1)

A person in a public place commits an offence if he—

(a)

wears an item of clothing, or

(b)

wears, carries or displays an article,

in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.

F2(1ZA)

A person commits an offence if, on relevant premises, the person—

(a)

wears an item of clothing, or

(b)

wears, carries or displays an article,

in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.

F3(1A)

A person commits an offence if the person publishes an image of—

(a)

an item of clothing, or

(b)

any other article,

in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.

(1B)

In subsection (1A) the reference to an image is a reference to a still or moving image (produced by any means).

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

A person guilty of an offence under this section shall be liable on summary conviction to—

(a)

imprisonment for a term not exceeding six months,

(b)

a fine not exceeding level 5 on the standard scale, or

(c)

both.

F5(4)

A constable may seize an item of clothing or any other article if the constable—

(a)

reasonably suspects that it is evidence in relation to an offence under subsection (1) F6or (1ZA), and

(b)

is satisfied that it is necessary to seize it in order to prevent—

F7(i)

the evidence being concealed, lost, altered or destroyed F8, or

(ii)

the item or article continuing to be displayed.

(5)

In connection with exercising the power in subsection (4), a constable may require a person to remove the item of clothing or other article if the person is wearing it.

(6)

But the powers conferred by subsections (4) and (5) may not be exercised so as to seize, or require a person to remove, an item of clothing being worn next to the skin or immediately over a garment being worn as underwear.

F9(7)

An item of clothing or other article seized by a constable under subsection (4) may be destroyed.

(8)

In subsection (1ZA) “relevant premises” means any land and buildings used for the purposes of, or in connection with—

(a)

a prison within the meaning of the Prison Act 1952;

(b)

a young offender institution within the meaning of section 43(1) of that Act;

(c)

a secure training centre within the meaning of section 43(1) of that Act;

(d)

approved premises within the meaning of section 13 of the Offender Management Act 2007;

(e)

a prison within the meaning of the Prisons (Scotland) Act 1989;

(f)

a young offenders institution within the meaning of section 19(1) of that Act;

(g)

a prison within the meaning of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.));

(h)

a young offenders centre within the meaning of section 2 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));

(i)

a juvenile justice centre within the meaning of Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9));

(j)

service custody premises within the meaning of section 300 of the Armed Forces Act 2006;

(k)

a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999.