OpenLegislation

Section 160 Possession of pyrotechnic articles at protestsI1I2

England and Wales

(1)

It is an offence for a person to have a pyrotechnic article in their possession at any time when they are taking part in—

(a)

a public procession which constitutes a protest,

(b)

a public assembly which constitutes a protest, or

(c)

a one-person protest.

(2)

But no offence is committed if the person is taking part in a cultural or religious event of a kind at which pyrotechnic articles are customarily used.

(3)

It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for having the pyrotechnic article in their possession at the material time.

(4)

In particular, it is a defence for a person charged with an offence under this section to show that they had the pyrotechnic article in their possession at the material time for use in connection with work.

(5)

A person is taken to have shown the fact mentioned in subsection (3) or (4) if—

(a)

sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(6)

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)

In this section “pyrotechnic article” means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—

(a)

a match, or

(b)

an article specified, or of a description specified, in regulations made by the Secretary of State.

Annotations

Commencement

I1

S. 160 not in force at Royal Assent, see s. 255(1)

I2

S. 160 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(m)