Thanks Recap. I'm intrigued to know if there have been prosecutions under the UA. Do you have any details?
Reading the 1894 House of Commons debate it is quite clear, as with much legislation, that the UA was a knee jerk reaction to a ‘scandal’ of the time. Whilst I’ve no doubt the UA served its purpose back then, time’s moved on; and what caused such outrage then is unlikely to be repeated in the current age. So, to me, the next question is whether the Act should be repealed or overhauled.
Whilst any change is unlikely to be near the top of the Government’s agenda, I was interested (as will others who made comments on this issue) to see there has been a recent Downing Street petition to ban the wearing of unauthorised medals and decorations (http://www.pm.gov.uk/output/Page14366.asp). Whilst acceptance of the petition would have gone too far for re-enactors (the petitioners also wanted to ban the wearing of unauthorised regimental insignia, for example), what is of most interest to me is the Government’s response:
“...There are instances where it has become acceptable for people to wear medals which they personally have not been presented with. For example, it has become custom and practice for widows to wear their late husband's military medals at commemorative events.
It would not be desirable or practical to make the wearing of such items illegal. Far better that the appropriate authorities deal with those found guilty of attempting to defraud by the inappropriate use of medals or military regalia, rather than through the introduction of blanket legislation which could not, in any practical way, be policed.”
The concept of fraud and deception is probably what’s needed in the UA were it to be modernised, to use current jargon, and meets one of the concerns that existed back in 1894. It also gets round drafting exemptions for marching bands wearing military style uniforms and the like, thereby ticking the ‘simplification’ box – something Governments like.
Reading the original debate I was also taken by the discourse on the use of uniforms in theatricals:
“The right hon. Gentleman had said that the Bill would apparently strike at a very harmless institution of private theatricals or at fancy balls where the uniform might be worn. In those cases, however, the object of wearing the uniform was not to discredit it, and, generally speaking, a person who wore a uniform at a theatrical entertainment was the first or second hero of the piece.”
I can’t help but wonder whether some modern stage, TV or film productions get near the knuckle, if not cross over the edge, as far as s.3 (contempt) is concerned, thereby, perhaps unwittingly, exposing the production team to potential prosecution. No doubt they would welcome change as well.