Don’t fall foul of a fashion faux pas during this year’s fashion week – crimes of fashion to avoid when getting behind the wheel or attending court

With London fashion week fast approaching, it might be interesting to know that in addition to keeping an eye on the catwalk for the latest trends, you may also want to have an understanding of the rules on how to dress while behind the wheel and when attending court.

While it’s not technically illegal to drive when wearing any specific type of footwear, the Highway Code states that under Rule 97, your clothing and footwear should not prevent you from using the controls of your vehicle in the ‘correct manner’.

So, although it can be argued that it’s not against the law to drive in flip-flops, doing so could infringe on this rule since your feet can slip and slide whilst on the clutch, brake and accelerator.

Likewise, with stilettos, some might argue that the thin, pointed heel could, on a rare occasion, lodge into the car floor, certainly limiting the controls you can use.

Breaking the Highway Code in itself is not a specific motoring offence but if you have been involved in an accident or you are seen to drive below the standard of driving expected, a poor choice of footwear could be perceived as sufficient to a charge of not being in control of your vehicle or careless driving. Both of these offences carry a minimum penalty of 3 points and a fine.

If you have poor eyesight, the DVLA states that you must wear your prescription glasses every time you drive to meet the ‘standards of vision for driving’¹.

Stylish or not, you have to be able to read a car numberplate or have a visual acuity of at least 0.5 ((6/12) measured on the Snellen scale) in both eyes together, (or in your one remaining eye) while wearing prescription glasses or contact lenses.

On days when sunlight is blindingly bright, you might consider wearing sunglasses to reduce the glare.

For your sunglasses to be suitable for driving, they must allow enough light into your eyes to let you see properly, and your vision must be clear while wearing them.

Many fashionable frames might be too dark depending on the time of day or obscure your vision so it’s important to choose fixed lenses which have an appropriate tint density for when you’re travelling. You can also use variable tint lenses, which can adapt to certain types of light and get darker as the day gets brighter.

Following on from Rule 97’s requirement that your apparel should not restrict or hinder your ability to use the controls on the road, it’s not surprising that this can also apply to some types of clothing.

Getting behind the wheel while wearing big coats, scarves or gloves that restrict your movement and control of your vehicle could land you with up to a £1000 fine and a 3-point endorsement on your licence if your control or vision is impaired pursuant to section 3 of the Road Traffic Act, where you might not be driving with due care or attention as a potential road hazard.

Hopefully, your attire when driving has not resulted in a prosecution. However, if you find yourself before a criminal court one of the basic questions we are asked is what to wear! We explain below the rules on court attire for the legal fraternity but also if you attend court as a defendant or witness.

Making a good impression can be achieved from what you wear if you wear clothes that symbolically reflect your respect towards the judicial process.

Aside from the vague guidance given, there are a few things that might enhance your ability to put forward a good case. Court etiquette dictates that you should dress smartly and simply; the aim is to look professional and not distract the court from what you are aiming to say.

Although there are no set rules on appropriate attire, you should wear smart trousers, smart shoes, a skirt, a smart shirt or a suit.

Try to avoid anything flashy or casual such as trainers, jeans, hats or sunglasses unless this can be justified by a medical condition or any other good reason. You are unlikely to be refused entry to the courtroom due to your outfit. That said, if you’re dressed inappropriately, this could influence or prejudice your position.

The uniform worn by the judiciary has a long history, evolving over several centuries².

As judges first donned the long robe, cowl and mantle in 1327-1377, at the time of Edward III, it was not unusual to see this worn on the streets given that, when attending Royal Court, it was the correct uniform for the time.

The robes were typically made from silk, ermine (a fur lining made from stout) or taffeta and could vary in colour based on the season, with black robes and a light ermine lining for Winter and either violet or red robes in Summer that were faced with pink taffeta. Every robe was worn with a black girdle and the definitive guide for what the correctly dressed Judge could wear was published in 1635.

As the centuries passed, judges were less inclined to follow this as strictly. By the eighteenth century, for Criminal courts, judges sported a more casual version of a scarlet robe, black scarf and a scarlet stole. Civil Court Judges wore black gowns made of silk and the mantle was now only worn ceremonially. In summer, it was becoming more common for Judge’s uniforms to be made with grey taffeta as opposed to the pink taffeta used previously.

In Queen Elizabeth I’s time, it was stylish to wear a Tudor Ruff. This eventually evolved to tied linen rectangles worn around the judge’s neck.

As the court structure and hierarchy changed, merged and developed new branches, the issue arose as to what judges should wear in various different courts. For example, when the High Court was created in 1873-1875, judges were allowed to keep their previous dress codes for the courts that had been absorbed (courts of chancery, Admiralty, Probate and Matrimonial Causes).

To distinguish from the black robes of the High Court, County Court robes, in contrast, would be violet and could have a black girdle. Then in 1971 the Crown Court used scarlet tippets.

This was not mandatory and judges could still opt to wear plain black robes, which can still be seen today. The Criminal Court of Appeal’s judges and the King’s Bench Division now wear black, silk robes and a short wig, which differs from the modern outfits worn by the Crown Court’s Circuit Judges.

In the Magistrates’ Court, members of the lay bench also known as magistrates, are expected to wear clothing which appears professional and dignified; this is not court dress and does not require a wig.

In the Crown Court, the Circuit Judges³ wear a short wig and a band worn over a violet robe faced with lilac; when criminal proceedings are being heard, a red sash is worn over the Judge’s left shoulder.

Since 2008, High Court Judges in the Criminal Jurisdiction have been wearing one set of scarlet robes for criminal proceedings regardless of weather or season.

It’s a relief to know that Judges have the option to not wear court dress at their discretion if conditions are particularly hot, or, in the case of the Family Division, when court dress could intimidate children in a trial of minors.

Just as it was not unusual to see robes donned in the times of Edward III, wigs were a common remnant of polite society seen outside of the courtroom during Charles II’s time. This eventually went out of fashion as the centuries passed, especially by the reign of George III in 1760-1820 when only Bishops, Coachmen and the Legal profession were seen wearing wigs as uniform.

Nowadays, much smaller wigs are used regularly and the large, full-bottomed wig seen centuries before are reserved only for ceremonial dress.

The Bar Council outlines what the recommended court dress would be for barristers attending different courts.

Most of the time, smart dark business wear is advised. This can mean a black, dark grey or blue suit with a tie for male barristers, and similarly coloured jackets with either a skirt or trousers for female barristers. The guidance highlights how counsel can wear the recommended apparel based on their chosen gender or preference.

The Crown Court will require court dress including wigs on all occasions except for bail applications that are heard in chambers.⁴

Barristers and solicitors attending the Magistrates’ Court do not have to wear wigs and gowns.

In cases where the legal representative must wear Court Dress, there are subtle differences in what different Barristers can wear based on their seniority and gender.

A male Barrister must don a Barrister’s Gown over a dark suit with a winged collar-shirt, and starched bands. It must be a tunic court shirt with attachable wind collars or a plain white, wing-collared shirt with no decals. A regular collar shirt is not appropriate.

A female Barrister will similarly wear a Barrister’s gown on top of a dark suit; the difference is, that the female Barrister will don either a court bib over a white shirt, a white tunic or a mandarin court shirt with a ladies’ collar or a winged collar-shirt with starched bands. This must also be plain.

Junior barristers will wear an open-front, black gown with open sleeves that are gathered and decorated with ornaments like buttons and ribbons. The gown for junior barristers will have a gathered yoke, over a dark-coloured suit. Barristers wear a short wig made of horsehair with curls at the side and ties that go down the back.

Ushers play a vital role in the organisation of the courtroom. Typically, Court ushers wear dark colours and a calf-length black gown.

All in all, the influence of fashion can not only be seen in the history of the courtroom but can also influence your safety on the road. It is important to be conscious of the way you dress behind the wheel to ensure the safety of all road users, and, if you ever receive a court summons, to dress professionally while in front of judges wearing centuries-old uniforms!

¹https://www.gov.uk/driving-eyesight-rules

²https://www.judiciary.uk/about-the-judiciary/history-of-the-judiciary-in-england-and-wales/history/

³https://www.judiciary.uk/courts-and-tribunals/crown-court/

⁴https://www.barcouncilethics.co.uk/Bar-Council_Guide-on-Court-Dress_July-2020-2.pdf