Wearing of Uniforms in Connection with Political Objects (Section 1 Public Order Act 1936)

Wearing of Uniforms in Connection with Political Objects is an offence under s.1 Public Order Act 1936. Any person who in any public place or at any public meeting wears uniform signifying his association with any political organisation or with the promotion of any political object is guilty of an offence (s.1(1)). If the chief officer of police is satisfied that the wearing of such a uniform on any ceremonial, anniversary or other special occasion will not be likely to involve risk of public disorder, he may, with the consent of a Secretary of State, by order permit it on that occasion, absolutely or subject to conditions (proviso to s.1(1)). Where a person is charged with the offence, no further proceedings may be taken against him without the consent of the Attorney General, other than those authorised by s.6 Prosecution of Offences Act 1979, and a person remanded in custody is entitled to bail without sureties after eight days unless the Attorney General has consented within that period (s.1(2)). Maximum sentence: on summary conviction, imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both (s.7(2)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. However, once a person is charged, no further proceedings may be taken without the consent of the Attorney General under s.1(2) Public Order Act 1936. Officers should gather evidence of the uniform and the political association: photographs and body-worn video are essential. Consider Articles 10 and 11 ECHR: the right to freedom of expression and assembly. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them.