Section 94 Powers to require removal of disguises England and Wales
225.Subsection (1) of the section provides for the Criminal Justice and Public Order Act 1994 to be amended by the insertion of a new section (s 60AA)
226.Subsection (1) of new section 60 AA sets out the circumstances in which these powers may be used. These circumstances are where
an authorisation under section 60 of the Criminal Justice and Public Order Act 1994 is in force; or
an authorisation under subsection (3) is in force.
227.Currently an authorisation under section 60 may be given where a senior officer reasonably believes incidents involving serious violence may take place in any locality. It gives the police powers to stop and search pedestrians and vehicles for offensive weapons or dangerous instruments. It also gives power to require the removal of face coverings worn for the purpose of concealing identity and to seize any such items.
228.Subsection (2) of section 60AA confers power on any constable in uniform:
to require the removal of any item which he reasonably believes a person is wearing wholly or mainly for the purpose of concealing his identity;
to seize any item which he reasonably believes any person intends to wear wholly or mainly for that purpose.
229.Subsection (3) describes the circumstances which must exist before the authorisation, referred to in subsection (1)(b), in order for an authorisation to be given. The circumstances are that a police officer of or above the rank of inspector reasonably believes that:
activities may take place in that area that are likely, if they take place, to involve the commission of offences; and
it is expedient in order to prevent or control the activities to give an authorisation.
230.The authorisation means that the powers mentioned in para 227 shall be exercisable at any place within that locality for a period of 24 hours.
231.Subsection (4) provides that an officer of or above the rank of superintendent may direct that the authorisation referred to in subsection (3) shall continue in force for a further 24 hours if it is expedient to do so, having regard to offences which have been committed in connection with the activities in respect of which the authorisation was given, or are reasonably suspected to have been so committed.
232.Subsection (5) states that if an authorisation under subsection (3) is given by an inspector, he must, as soon as it is practicable to do so, inform an officer of or above the rank of superintendent.
233.Subsection (6) specifies the contents of an authorisation. It must be in writing signed by the officer giving it and specify the grounds on which it is given; the locality in which the powers are exercisable; the period during which those powers are exercisable. A direction under subsection (4) shall also be given in writing or, where that is not practicable, be recorded in writing subsequently.
234.Subsection (7) creates an offence of failing to remove an item when required to do so by a constable in the exercise of his power under this section. The penalty for this offence is, on summary conviction, imprisonment for a term not exceeding one month or a fine not exceeding level 3 on the standard scale i.e. £1,000.
235.Subsection (8) defines the meaning of locality for the provisions of this section if the authorisation is given by a member of the British Transport Police.
236.Subsection (9) defines 'British Transport Police' and 'policed premises' for the purposes of this section.
237.Subsection (10) states that the powers conferred by this section are in addition to, and not in derogation, of any power otherwise conferred.
238.Subsection (11) states that this section does not extend to Scotland.
239.Subsections (2)-(3) of Section 94 make minor consequential amendments to the Criminal Justice and Public Order Act 1994 and the Police and Criminal Evidence Act 1984, making a power of arrest available for the offence in s.60AA(7).