Part 1: Counter-terrorism Chapter 1: Terrorist offences Section 2: Publication of images and seizure of articles
Section 2 amends section 13 of the 2000 Act to create a new offence criminalising the publication by a person of an image (whether a still or moving image) of an item of clothing or an article (such as a flag) in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation. It also confers a power on the police to seize clothing or other articles as evidence in relation to the existing section 13(1) offence.
	Section 13(1) of the 2000 Act makes it an offence to wear clothing, or wear, carry or display articles in a public place in such a way or in such circumstances as to arouse reasonable suspicion that an individual is a member or supporter of the proscribed organisation. Section 121 defines a public place as "a place to which members of the public have or are permitted to have access whether or not for payment".
	The new offence (inserted by subsection (3)) will apply where an image of the item is published in such a way that the image is accessible to the public. This would, for example, cover a person uploading to social media a photograph of himself or herself, taken in his bedroom, which includes in the background an ISIS flag. It is not clear that the existing offence at section 13 would cover these circumstances given the definition of a public place in section 121. The new offence is subject to the same maximum penalty as the existing section 13 offence; that is, six months’ imprisonment (section 13(3)).
	Subsection (4) confers a power on a constable to seize an item of clothing (outer garments only) or other article, such as a flag or banner, if they reasonably suspect that the item is evidence of an offence under section 13(1), and the officer is satisfied that it is necessary to seize it to preserve it as evidence.
	The power would support the policing of public gatherings at which people display articles, or wear clothes or articles, which may arouse a reasonable suspicion that they are members or supporters of a proscribed organisation. In some cases, the circumstances may be such that the conditions for arrest under the power in section 24 of PACE are not satisfied, in which case the power in section 32 of that Act to seize evidence is unavailable because that is contingent on a person having been arrested. In other cases, the conditions for an arrest (and subsequent evidence seizure) may be satisfied, but police may decide, in all the circumstances, that an arrest would not be an appropriate course of action. Instead, the police may choose to report a person for summons; that is, the police provide information which alleges the crime before a magistrate, resulting in a summons being issued, which requires the accused to attend court on a specified day to answer the allegations in the information. In these circumstances, where no arrest is made at the time of the alleged offence, the new power confers statutory authority for evidence seizure.