Section 60AA: Powers to require removal of disguises, Criminal Justice and Public Order Act 1994

Where—

an authorisation under section 60 is for the time being in force in relation to any locality for any period, or

an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period,

those powers shall be exercisable at any place in that locality at any time in that period.

This subsection confers power on any constable in uniform—

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;

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

If a police officer of or above the rank of inspector reasonably believes—

that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and

that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection,

he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours.

If it appears to an officer of or above the rank of superintendent that 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,

he may direct that the authorisation shall continue in force for a further twenty-four hours.

If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

Subject to subsection (6A), an authorisation under subsection (3)—

shall be in writing and signed by the officer giving it; and

shall specify—

the grounds on which it is given;

the locality in which the powers conferred by this section are exercisable; and

the period during which those powers are exercisable.

An authorisation under subsection (3) need not be given in writing where it is not practicable to do so but any oral authorisation—

must state the matters which would otherwise have to be specified under subsection (6); and

must be recorded in writing as soon as it is practicable to do so.

A direction under subsection (4) shall be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

So far as subsections (1), (3) and (6) relate to an authorisation by a member of the British Transport Police Force, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.

So far as subsections (1), (3) and (6) relate to an authorisation by a member of the Ministry of Defence Police, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987.

In this section ... has the same meaning as in section 60.

The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred.

This section does not extend to Scotland.

Section 60AA: Powers to require removal of disguises

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