Writing in NLJ this week, Neil Parpworth of Leicester De Montfort Law School examines the Crime and Policing Act 2026 provisions used by several forces.
In a designated public place, wearing or otherwise using an item to conceal identity can constitute an offence, punishable by up to one month’s imprisonment, a £1,000 fine, or both.
Defences cover health, religious observance and work, with defendants required to prove the purpose.
An inspector can designate an area for up to 24 hours; a superintendent can extend that period by another 24 hours.
However, reasonable belief, proportionate boundaries and duration, and public notification all matter.
Inadequate notification may put masked protesters beyond the offence’s reach.
Concealing identity was previously ‘not an offence in itself’, Parpworth explains. Whether the offence withstands courtroom scrutiny remains to be seen.
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