19APower 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

19A Power of police officer to require removal of face coverings for identification purposes

(1) 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—

(a) 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

(b) 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

(c) 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).

(2) 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.

(3) 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—

(a) the police 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.

(4) 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.

(5) 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.