A student who was fined for covering his face with a scarf during a protest march has won his appeal at Lewes Crown Court.

Gary Duke, 40, studying for a postgraduate degree at Salford University, was arrested during a Stop the War demonstration at the start of the Labour Party conference in Brighton last September.

He was convicted last month at Brighton Magistrates' Court of failing to remove an item of clothing which concealed his face when asked to do so by police.

The father-of-three, who denied the charge, was fined £100.

He successfully appealed against the conviction and the sentence at the crown court.

During the trial, the court heard more than 4,000 demonstrators met at The Level for the rally.

As they headed towards the Brighton Centre, where the conference was held, police monitoring the march asked Mr Duke to remove a scarf which covered his face.

He was arrested when he refused.

The police claimed he was wearing the scarf around his face to hide his identity.

The police have powers under the Criminal Justice and Public Order Act to ask people to remove items, such as scarves, if officers think they are trying to hide their identity.

But Mr Duke, who said he was taking part in a peaceful protest against the war and privatisation, told the officers he wore the scarf to show solidarity with the Palestinians.

It was also raining heavily that day.

Mr Duke, of Eccles in Greater Manchester, said he was delighted at the outcome of the appeal.

He said: "I am over the moon. I am really pleased at the result, not just for me but for others who want to go on demonstrations and feel frightened because of what they think the police can do.

"The police cannot just arrest people unless they have intent to conceal their identity. I was wearing the scarf in solidarity with the Palestinians and it was also keeping me dry.

"It really sends a message out to police that they cannot arrest people for covering their faces, which could be for legitimate reasons."

His solicitor, Andreas Serghis, said justice had been done.

He said: "I do not really believe the police understand the powers they have been given under the Act and on this occasion they got it wrong."