"Gender-Fluid" Southampton Man in Court for Wearing Burqa

A man who attended an anti-immigration protest wearing a burqa has appeared in court accused of concealing his identity.

Timothy Justin Miller, 76, of Sherwood Avenue, Hedge End, Southampton, denied an offence of concealing his identity at a protest when he appeared at Portsmouth Magistrates' Court on Wednesday, 14th October 2026.

This is an offence under section 157 of the Crime and Policing Act 2026, which has a maximum sentence on summary conviction of one months' custody and/or a fine at level 3 (£1,000).

Miller set tongues wagging when he was spotted attending the 12th September's protest in Portsmouth city centre wearing a niqab, which is a veil worn by some Muslim women that covers almost the entirety of the face.

Hampshire Constabulary had previously warned that anyone concealing their identity at the protest would be liable to arrest under section 157.

Miller was overheard explaining his choice of attire to an officer.

"I'm converting to Islam and I'm gender-fluid and I feel very comfortable in this here and I like mixing with people," the 76-year-old told a bemused looking sergeant.

Miller donned the same religious attire to attend court this morning. He was unrepresented, but explained that he was crowdfunding to raise funds to cover representation at the trial.

Holding a black handbag throughout the hearing, he briefly lifted his veil when asked to confirm his identity by District Judge Stephen Apted.

When asked to enter a plea, Miller replied: "As I am in every police camera, I am not guilty."

Asked about the basis of his defence, he replied that he was relying on the same religious exemption that would be afforded to Islamic women.

He added: "The issue quite simply is we should be all living under one law of which I think everybody is under agreement."

When asked by DJ Apted if he was a practising Muslim, Miller said: "I do not feel I should answer these questions, as nobody else is asked to answer them."

He later clarified that he was studying the Islamic faith "as it seems to be the most beneficial religion to be noticed in this climate today". 

The recently introduced section 157 powers can only be used in a designated place with the pre-requisite authority and notice, as outlined in section 158.

They allow officers to arrest anyone in that locality wearing or otherwise using any item to conceal their identity or that of any other person.

The legislation does not mention anything in relation to intent, so it is assumed that the mere act of a person concealing their identity, whether deliberate or inadvertent, is enough to constitute an offence.

Section 157(2) states that a person charged with an offence has a defence if they can prove that the item concealing their identity was used for the purposes of health, religious observance or employment.

In my view, the way the legislation is drafted is a potential minefield of unenforceability.

Given sensitivities around religion and gender identity, the court might have some difficulty rejecting a defence on either of these grounds.

Miller was granted unconditional bail until his trial at the same court on Tuesday, 16th February 2027. He had requested the trial to take place before a jury at the Crown Court, but was informed that this option was unavailable given the nature of the (summary) offence.

This certainly will be an interesting case to follow.

For what it's worth, I really can't see the trial proceeding.

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