OpenLegislation

Section 158 Concealing identity at protests: designating localities and giving noticeI1I2

England and Wales

(1)

A constable whose rank is at least that of inspector may designate a locality in England or Wales that is in their police area for a specified period not exceeding 24 hours if they reasonably believe that—

(a)

a public assembly, or public procession, which constitutes a protest may take place or is taking place in the locality,

(b)

the protest is likely to involve or has involved the commission of offences, and

(c)

it is expedient, in order to prevent or limit the commission of offences, to designate the locality under this section.

(2)

A constable who designates a locality under this section must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of—

(a)

the fact that the designation has been made,

(b)

the nature of the offence created by section 157,

(c)

the locality to which the designation applies, and

(d)

the period during which the designation will be in force.

(3)

A constable whose rank is at least that of superintendent may direct that a designation under this section is to continue in force for a further 24 hours if it appears expedient to do so, having regard to offences which—

(a)

have been committed in connection with the protest in respect of which the designation was made, or

(b)

are reasonably suspected to have been so committed.

(4)

A constable who directs that a designation under this section is to continue in force must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of—

(a)

the fact that the designation will continue in force, and

(b)

the matters set out in paragraphs (b), (c) and (d) of subsection (2).

(5)

The reference to a “police area” in subsection (1), so far as it relates to a designation of a locality by—

(a)

a member of the British Transport Police Force, has effect as if that reference were a reference to a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003;

(b)

a member of the Ministry of Defence Police, has effect as if that reference were a reference to a place to which section 2(2) of the Ministry of Defence Police Act 1987 applies.

(6)

This section does not limit any other power of a constable; and, in particular, it does not affect when an authorisation under section 60AA of the Criminal Justice and Public Order Act 1994 (powers to require removal of disguises) may be given.

Annotations

Commencement

I1

S. 158 not in force at Royal Assent, see s. 255(1)

I2

S. 158 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(l)