Violent Crime Reduction Bill

My Lords, the creation of an offence of this sort also carries with it the power to arrest. I do not think that it is practical or feasible to call on the police to arrest masked demonstrators in a large demonstration. As the noble Baroness said, we should just think of the number of people wearing Blair or Bush masks in an anti-war demonstration. To put on the police the task of arresting every person wearing a mask is impossible. However, the position is that anyone committing a public order offence or an offence of violence wearing a mask is in for it: it is a very seriously aggravating feature. A far better approach to this problem is to indicate its severity through the sentence passed on a person convicted of a serious public order offence while wearing a mask. That is a far better protection than bringing in a new offence of this sort. As the noble Baroness, Lady Anelay of St Johns, said, the reverse burden of proof would require the person concerned to prove their innocence. I do not think that that is a feasible way to proceed.