Is it illegal to dress up as a soldier on Halloween and can I be fined for it?

FANCY dress is a big part of Halloween each year.

But if you were thinking of wearing a soldier’s uniform, it might be worth putting another thinking cap on.

That’s because there are laws in the UK that prohibit wearing military uniform if you’re not serving in the Army, Navy, or RAF.

The Uniforms Act 1894 states that it is an offence for a person who is not serving in His Majesty’s armed forces to wear the uniform without permission.

‘Illegal’ costume

However, the rule does make an exception for military costume to be worn for the purposes of a play, film or TV.

It does not specifically mention fancy dress costumes but it is unlikely that anyone would face punishment for wearing a soldier’s costume for Halloween, unless they were using it to impersonate serving personnel.

Amendments to the Uniforms Act 1894 stated in 1991 that anyone wearing His Majesty’s Naval or Military Forces uniform without permission should be fined or imprisoned for up to one month.

But this punishment would only be meted out if the person was wearing it “in such a manner or under such circumstances as to be likely to bring contempt upon that uniform”.

So as long as you don’t claim to be a serving member of the armed forces, wearing a soldier’s uniform is not illegal.

However, it may be safer to opt for a different costume when celebrating Halloween.

In 2017, a man in Derbyshire was fined £500 for wearing a military costume while collecting for charity.

He was found to have been in contravention of section 2 of the Uniforms Act 1894.

Section 2 states it is prohibited to wear “without His/Her Majesty’s permission the uniform of any of those forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform”.

This rule applies all year round and not just for Halloween, so if you are impersonating a soldier then you could get yourself a criminal record.

Offensive dress

Other costumes to avoid include dressing up as a police officer.

It is illegal to impersonate a cop, and if you go against this rule then you could be hit with a six-month prison sentence as well as an unlimited fine.

You cannot plead ignorance to the law either.

Offenders could still be fined up to £1,000 if they weren’t aware of the law.

Even if you are just carrying an item of police clothing you could be fined as much as £200.

There are more rules to be aware of when choosing your fancy dress costumes.

It is against the law to dress in a costume which can be deemed racist, transphobic or offensive.

Halloween laws

There aren’t any other laws when it comes to Halloween but certain behaviours may get you on the wrong side of police.

It isn’t illegal to go trick-or-treating but those going need to be respectful or the police could get involved.

If someone’s house is damaged as a result of the trick-or-treaters then they can make a claim for damages against the individuals (or their parents if they are a minor).

Causing excessive noise or intimidating the public could also see you given an anti-social behaviour order.