Covering ones face.

Finnbar01

Folks,can anyone answer me this. Is it actually illegal to wear a balaclava in public?

Could someone quote me the act where it is deemed to be illegal?

Cheers.

MagicSean

It is not illegal to wear a balaclave. However the wearing of one in public will most likely lead to you being stopped by Gardaí and possibly arrested on suspicion of another crime, most likely the crime of Possession of Certain Articles

http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0015.html#sec15

source

Finnbar01 wrote: »

Folks,can anyone answer me this. Is it actually illegal to wear a balaclava in public?

Could someone quote me the act where it is deemed to be illegal?

Cheers.

Section 15 Criminal Justice (Theft and Fraud Offences) Act 2001.

15.—(1) A person who is, when not at his or her place of residence, in possession of any article with the intention that it be used in the course of or in connection with—


(a) theft or burglary,


(b) an offence under section 6 or 7,


(c) an offence under section 17 (blackmail, extortion, demanding money with menaces) of the Criminal Justice (Public Order) Act, 1994 , or


(d) an offence under section 112 (taking a vehicle without lawful authority) of the Road Traffic Act, 1961 ,


is guilty of an offence.


(2) A person who, without lawful authority or reasonable excuse, is in possession of any article made or adapted for use in the course of or in connection with the commission of an offence referred to in paragraph (a) to (d) of subsection (1) is guilty of an offence.


(3) Where a person is convicted of an offence under this section, the court may order that any article for the possession of which he or she was so convicted shall be forfeited and either destroyed or disposed of in such manner as the court may determine.


(4) An order under subsection (3) shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.


(5) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.

The only thing I can think of, it pretty much makes anything illegal if being used to commit one of the offences outlined.

EDIT: seanbeag beat me to it.

Finnbar01

Seanbeag1 wrote: »

It is not illegal to wear a balaclave. However the wearing of one in public will most likely lead to you being stopped by Gardaí and possibly arrested on suspicion of another crime, most likely the crime of Possession of Certain Articles

http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0015.html#sec15

Thanks. Would this also apply to burquas?

MagicSean

Finnbar01 wrote: »

Thanks. Would this also apply to burquas?

That would be much more justifiable than a balaclava. It's all about context. If the person under the Burkha had a skanger accent and trainers then the legitimacy of it might be doubted and further investigation may follow.

Carawaystick

Section3 seems harsh if the convict didn't own the article

jblack

Carawaystick wrote: »

Section3 seems harsh if the convict didn't own the article

(3) Where a person is convicted of an offence under this section, the court may order that any article for the possession of which he or she was so convicted shall be forfeited and either destroyed or disposed of in such manner as the court may determine.

I.E. given back to its rightful owner

Victor

In the UK, in certain circumstances a police officer can instruct the public not to wear masks, etc. and if people continue to wear them, they are committing an offence. I think it currently only applies to protests, but they are extending it to cover thigns like the recent rioting.