The defendants had sought to demonstrate against the use of a quarry. On the day, the quarry had been announced to be closed. They were charged with disrupting activities at the site and aggravated trespass. Held: Even if the demonstrators had anticipated that no quarrying activities would be interrupted, it was clear that as trespassers … Continue reading Lucy and Others v Director of Public Prosecutions: Admn 22 Nov 1996
The information against the derendants alleged no more than that the accused had ‘unlawfully occupied the site and that they had done so with the intention specified in s.68’ of the 1994 Act. Held: The information did not disclose any offence known to the law. Section 68 makes it plain that to prove an offence … Continue reading Crown Prosecution Service v Barnard and Others: QBD 3 Nov 1999
Charge alleging breaches of several limbs of offence was not bad for duplicity where the concepts were overlapping. Same actus reus with three effects was not three offences Citations: Times 11-Jun-1998 Statutes: Criminal Justice and Public Order Act 1994 68(1) Crime Updated: 09 April 2022; Ref: scu.84243
Appeal by way of case stated from the decision of the Liverpool, Knowsley and St Helens Magistrates’ Court that the respondents, Miriam Instone and Peaceful Warrior, had no case to answer in respect of an alleged offence of aggravated trespass contrary to s.68(1) of the Criminal Justice and Public Order Act 1994 Judges: Lord Burnett … Continue reading Director of Public Prosecutions v Instone and Another: Admn 15 Jul 2022
The appellants had entered Fortnum and Masons to demonstrate against tax avoidance. They appealed against convitions for aggravated trespass. Held: The statutory question posed by s.68 is whether the prosecution can prove that the trespasser has done anything on the land (‘there’), apart from trespassing, with the required statutory intent? As to that, there is … Continue reading Bauer and Others v The Director of Public Prosecutions: Admn 22 Mar 2013
