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Being Disguised with Unlawful Intent

- section 49C of the Summary Offences Act 1966

The police use Being Disguised with Unlawful Intent when a person is disguised, or is in possession of a disguise, with the intention of committing a crime.
  • A person buys a clown mask with the intent of hiding their identity for a bank robbery.
  • A person covers their face in shoe polish so they can anonymously rob somebody in the street.
  • A person puts on a mask with the intent of burgling a house, but runs away when he sees somebody is home.

  • There was no intent to commit a crime.
  • Somebody else committed the offence.
  • You were disguised because you were going to a fancy dress party.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • How do they prove someone intended to commit a crime?
  • How can they prove the offender’s identity?

Maximum penalty and court that deals with Being Disguised with Unlawful Intent
The maximum penalty for Being Disguised with Unlawful Intent is 2 years imprisonment.

The charge is heard in the Magistrates’ Court.
 
The section that covers this offence is section 49C of the Summary Offences Act 1966.

What is the legal definition of Being Disguised with Unlawful Intent?
The legal definition of Being Disguised with Unlawful Intent is wearing a disguise or blackened face, or possessing a disguise, with the intention of committing a crime.