Power of police officer to require removal of face coverings for identification purposes
19A Power of police officer to require removal of face coverings for identification purposes
A police officer may require a person to remove any face covering worn by the person so as to enable the officer or another police officer to see the person’s face if—
the person has been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to provide photographic identification, or
the person has otherwise been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to identify himself or herself or provide other identification particulars, or
the person is participating in a protest, demonstration, procession or assembly and the officer reasonably suspects the person may have, or is likely to, commit an offence.
Note.
Safeguards relating to the exercise of power under this section are set out in Part 15 and subsection (3).
A requirement may be made of a person under this section based on a lawful requirement of a kind referred to in subsection (1)(a) or (b) whether or not the person has complied with that lawful requirement.
A police officer who requires a person to remove a face covering under subsection (1)(a) or (b) must, as far as is reasonably practicable, ensure that the following procedures are followed—
the police officer must ask for the person’s co-operation,
the viewing of the person’s face must be conducted—
in a way that provides reasonable privacy for the person if the person requests privacy, and
as quickly as is reasonably practicable.
It is sufficient compliance with a requirement made under subsection (1)(a) or (b) if only so much of the face covering as prevents the person’s face from being seen is removed.
The removal of a face covering in compliance with a requirement made under this section, or the viewing of a person’s face following any such removal, does not constitute the carrying out of a search of a person for the purposes of this Act.
In this section—
lawfully required means lawfully required or requested to provide the identification or information concerned in circumstances where a failure or refusal to comply with a requirement or request of that kind may constitute an offence.
photographic identification includes (but is not limited to) any of the following—
an applicable driver licence (within the meaning of Part 5.1 of the Road Transport Act 2013) bearing a photograph of its holder,
a Photo Card (within the meaning of the Photo Card Act 2005) or any other kind of photo identity card (wherever issued),
a passport (wherever issued),
any other licence, permit or authority bearing a photograph of its holder (wherever issued),
any other identification with a photograph that is identification of a kind prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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