13APower to require removal of face coverings

13A Power to require removal of face coverings

13A Power to require removal of face coverings

(1) A security officer may require a person who is wearing a face covering to remove the covering so as to enable the officer, or another security officer or person assisting in following the procedures set out in subsection (2), to see the person’s face if—

(a) the person is seeking to enter court premises, or

(b) the officer arrests, or has grounds for arresting, the person under this Act.

Note.

Section 16 sets out the circumstances in which a security officer may arrest a person.

(2) A security officer who requires a person to remove a face covering under this section must, as far as is reasonably practicable, ensure that the following procedures are followed—

(a) the security officer must ask for the person’s co-operation,

(b) the viewing of the person’s face must be conducted—

(i) in a way that provides reasonable privacy for the person if the person requests privacy, and

(ii) as quickly as is reasonably practicable,

(c) the viewing of the face of a child under 12 years of age may only be conducted if a responsible person for the child is present during the viewing,

(d) if the person is 12 years old or older and requests it—the viewing of the person’s face is to be conducted by a security officer of the same sex as the person or, if a security officer of that sex is unavailable, by another person of that sex at the direction of a security officer,

(e) if the person is a child under 12 years old and the responsible person for the child requests it—the viewing of the child’s face is to be conducted by a female security officer or, if a female security officer is unavailable, by another female person at the direction of a security officer.

(3) If a security officer—

(a) makes a requirement of a person under subsection (1) (a) and the person fails immediately to comply with that requirement or to leave the court premises, or

(b) makes a requirement of a person under subsection (1) (b) and the person fails immediately to comply with that requirement,