Dispute over the scope of police powers
The issue arose during general questions at the Scottish Parliament, where Edinburgh and Lothians East Conservative MSP Miles Briggs relayed concerns from businesses he had met across Edinburgh. They reported increasingly being targeted by people wearing balaclavas.
Briggs asked whether the government would back measures against the inappropriate use of balaclavas in city centers, including penalty notices and authority for Police Scotland to demand their removal when someone was attempting to conceal their identity from the authorities.
Oswald, the minister for victims and community safety, said officers can already require people to remove face coverings in certain circumstances. She described situations in which police reasonably believe a covering is concealing someone's identity in connection with crime or disorder.
According to Oswald, Police Scotland regards those powers as proportionate and sufficient for now. She said the government would continue reviewing the position with policing partners, but any further powers would have to be supported by clear evidence that current legislation was inadequate and that new measures were both necessary and proportionate.
Kerr, a Conservative MSP for Mid Scotland and Fife, disputed that account. He argued that the powers Oswald described were available only in exceptional circumstances, questioned the accuracy of her response and said she should know the law well enough to give Briggs the correct answer.
Calls for change and measures elsewhere
The Scottish Police Federation, which represents rank-and-file officers, had called for stronger powers to address crime and antisocial behavior involving e-bikes and e-scooters. Its proposals included allowing officers to order people to remove face coverings.
First Minister John Swinney addressed the issue on September 30, 2026. As reported by STV News, he said the government would discuss with Police Scotland what additional powers were needed to tackle masked youths riding e-bikes and e-scooters. He was "very willing to consider the necessity for other powers" beyond existing law.
Oswald told MSPs that Police Scotland was also monitoring how powers introduced in England and Wales were being implemented.
The UK government's factsheet on the Crime and Policing Act 2026 describes a new offense in England and Wales covering the wearing or other use of an item to conceal identity in a police-designated locality connected with a protest. A designation can remain in force for no more than 48 hours. The maximum punishment is one month in prison, a £1,000 fine, or both; coverings worn for health, religious or work purposes are exempt.
Local restrictions have also been introduced in England. BBC News reported that Nottingham was among the first places in the UK to restrict face coverings in public spaces, with refusal to remove them potentially leading to fines or prosecution. In July 2024, Wolverhampton introduced a Public Space Protection Order permitting authorities to request the removal of face coverings and the dispersal of groups. Wolverhampton's council said the order helped contribute to a 16% decline in reported crime in 2025.
Shoplifting concerns and police operations
Briggs's intervention followed a question about town-center and high-street crime from Angela Ross, the Reform MSP for Edinburgh and Lothians East. Ross said businesses and charities were concerned about persistent shoplifting and antisocial behavior. A constituent had also contacted her about repeated thefts at a local charity shop. She asked how the government was identifying and addressing the underlying causes, particularly of antisocial behavior.
Oswald pointed to what she described as record policing funding of more than £1.7 billion for 2026-27. She said it supported a visible local police presence and operations directed at communities' specific concerns. She also cited £3 million for the police Retail Crime Taskforce to target shoplifting and repeat offenders.
Police Scotland launched the taskforce in April 2025 with an initial £3 million from the Scottish Government. The force reported more than 6,400 retail-crime charges and over 1,300 arrests during its first 12 months. The detection rate reached just under 51%, compared with 49% a year earlier. A further £9 million announced by the government over three years will keep the taskforce operating until at least 2029.
Across Edinburgh and the Lothians, Oswald said police activity included high-visibility patrols, Retail Crime Taskforce operations and patrols on buses and trams. Officers were also tackling illegal e-bike use and conducting targeted work to prevent disorder around Halloween and Bonfire Night.
Funding for youth prevention
Oswald also cited £26 million in investment through CashBack for Communities as part of prevention work, supporting young people and offering alternatives to offending.
The Scottish Government says the program will provide up to £26 million from 2026 through 2029 for projects serving 10- to 25-year-olds at risk of offending or antisocial behavior. Since 2008, CashBack for Communities has invested £156 million and supported about 1.4 million young people across Scotland's 32 local authorities.
