Public Order Powers
Certain of the following powers apply where there is an authorization in force in respect of them in any locality concerned. The provisions confer power on any constable in uniform to require any person to remove any item that they believe that person is wearing wholly or mainly for the purpose of concealing their identity; and to seize any item that the constable 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 that are likely to involve the commission of offences, and that it is expedient, in order to prevent or control the activities, to give an authorization, they may give an authorization which shall be exercisable at any place within the locality specified for a period not exceeding twenty-four hours.
Where an officer above the rank of or above the rank of superintendent believes that it is expedient to do so, having regard to offences which have been committed in connection with the activities for which the authorization was given, or are reasonably suspected to have been so committed, may direct the authorization shall continue for another twenty-four hours. If it is an officer below the rank of superintendent, gives an authorization, he must as soon as practicable, inform an officer of that rank or above.
An authorization is to be in writing and signed by the officer giving it; specifying the grounds on which it is given; the locality in which the powers are exercisable; and the period of exercise.
A person who fails to remove an item worn by them when required to do so by a constable in the exercise of powers is liable, on summary conviction, to imprisonment for up to one month and a fine not exceeding level 3.
A police officer of or above the rank of inspector who believes that incidents involving serious violence may take place in any locality, and it is expedient to give an authorization under the Article to prevent or control their occurrence, or that persons are carrying dangerous instruments or offensive weapons in any locality without good reason, may give an authorization that the following powers are to be exercisable in any place within the locality for a period up to twenty-four hours.
The Article confers on any constable in uniform, power to stop a pedestrian and search them or anything carried by them for offensive weapons or dangerous instruments. To stop any vehicle or search the vehicle, its driver, or passenger for offensive weapons or dangerous instruments. A constable in exercise of those powers may stop any person or vehicle and make any search they think fit whether or not they have grounds for suspecting that the person or vehicle is carrying weapons or dangerous instruments.
If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences that have been committed in connection with the activities in respect of which the authorization is given, or are reasonably suspected to have been committed, may direct the authorization to continue for another twenty-four hours.
If in the course of a search, a constable discovers a dangerous instrument or an article which they have reasonable grounds for suspecting to be an offensive weapon, they may seize it.
A person who fails to stop a vehicle when required to do so by a constable in the exercise of their power shall be liable on summary conviction to imprisonment for up to one month or a fine not exceeding level 3 on the standard scale.
Authorizations are to be in writing and specify the grounds relied on, locality, and period.
Where a vehicle is stopped by a constable, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers, if they apply for it not later than the end of a period of 12 months from the date it was stopped. An equivalent right applies to a vehicle searched by a constable.
A dangerous instrument is an instrument that has a blade or is sharply pointed. An offensive weapon is an article made or adapted for use for causing injury to a person, or intended by the person having it with them for such use by them or some other person.
Anything seized above may be retained in accordance with regulations made by the Department of Justice. Regulations may provide for the retention, safekeeping, disposal, and destruction of such things.
If a constable reasonably suspects any person of committing or being about to commit certain offences above, they may require that person to declare themselves immediately, including their name and address. If that person refuses or fails to do so or gives a false name, they are guilty of an offence. This offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Certain offences require consent of the Attorney General to institution.
Where a person is convicted under most of the above offences, the court may make an order for the forfeiture, destruction, or disposal of a relevant article. It is not to be destroyed until the period of an appeal expires.