The applicant challenged the imposition of an anti-social behaviour order following his conviction. Citations: [2007] EWHC 883 (Admin) Links: Bailii Statutes: Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 12 December 2022; Ref: scu.251645
Residents claimed a right to use a way over the plaintiff’s land as access to a beach. The County Council after representation by the residents instituted proceedings under the 1981 Act having concluded that there was a public right of way. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath … Continue reading Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986
W was born in China to Chinese parents. His aunt came to Britain and acquired citizenship. He came to live with her while studying, and she applied to adopt him. The judge refused saying that the primary intention was to obtain citizenship. Held: The appeal failed. It should be good practice to give notice to … Continue reading Re W (A Minor) (Adoption: Non-Patrial): CA 1986
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
Judges: Wilkie J Citations: [2006] EWHC 1796 (Admin) Links: Bailii Statutes: Public Order Act 1986 4(1) 4(4) Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.243383
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate. Held: The owner of the … Continue reading Director of Public Prosecutions v Morrison: Admn 4 Apr 2003
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
Judges: Mr Justice Irwin Citations: [2015] EWHC 856 (Admin) Links: Bailii Statutes: Public Order Act 1986 4 Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.547353
The defendant appealed against his conviction, saying that the evidence was obtained by means of an unlawful search by an officer. Judges: Sir John Thomas P BD, Wyn Williams J Citations: [2011] EWHC 3760 (Admin) Links: Bailii Statutes: Public Order Act 1986 Jurisdiction: England and Wales Cited by: Cited – Marshall v Crown Prosecution Service … Continue reading Tuthill v The Director of Public Prosecutions: Admn 15 Nov 2011
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put … Continue reading Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003
Judges: Moses LJ, Irwin J Citations: [2012] EWHC 605 (Admin) Links: Bailii Statutes: Public Order Act 1986 4(1) Crime Updated: 05 October 2022; Ref: scu.452176
The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour. Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but the basic trading model was not attractive, and allegations of fraud had been made. No great sum … Continue reading In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999
‘The phrase ‘uses towards another person’ means, in the context of section 4(1)(a) ‘uses in the presence of and in the direction of another person directly.” Judges: Taylor LJ Citations: [1989] 89 Cr App R 199 Statutes: Public Order Act 1986 4(1)(a) Jurisdiction: England and Wales Cited by: Cited – I v Director of Public … Continue reading Atkin v Director of Public Prosecutions: CACD 1989
The ingredients of the offence of conspiracy are complete once there is agreement between two or more persons. An overt act is not itself an ‘element’ of the conspiracy. There is a crime of unlawfully assembling in such a manner as to disturb the public peace. Citations: [1974] AC 104, [1973] 2 All ER 1242, … Continue reading Kamara v Director of Public Prosecutions: HL 1973
The Divisional Court upheld a condition imposed under section 14 of the 1986 Act which prescribed permitted entrance and exit points for an assembly. Citations: [2002] EWHC 110 (Admin) Statutes: Public Order Act 1986 14 Jurisdiction: England and Wales Cited by: Cited – Jones and Others v The Commissioner of Police for The Metropolis Admn … Continue reading Director of Public Prosecutions v Jones: Admn 2002
Two of those participating in a march demonstrating against cuts in the education budget, left that march to join the Occupy Movement’s demonstration in Trafalgar Square against the excesses of capitalism. They were, convicted at Westminster Magistrates’ Court of breaching conditions imposed under section 12 of the Public Order Act 1986 in respect of the … Continue reading Jukes and Others v Director of Public Prosecutions: Admn 16 Jan 2013
The appellant had been charged with, and convicted of, an offence contrary to section 4A(1) of the 1986 Act. He had allegedly gone into the laundry room in the basement of the sheltered accommodation where he and the complainant and others each had self-contained flats, shouting obscenities at the complainant. The Divisional Court dismissed his … Continue reading Le Vine v Director of Public Prosecutions: Admn 6 May 2010
Appeal by way of case stated from a decision of the Newham Justices convicting the appellant of an offence of using threatening behaviour under section 4 of the Public Order Act 1986. Citations: [2008] EWHC 2540 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 16 August 2022; Ref: scu.277293
The defendant appealed his conviction for affray saying that since there was only one person present and the magistrates, having seen CCTV of the events had not taken other evidence. Held: The appeal failed: ‘it was quite open to the magistrates to record what they had seen, as long as they went on to ask … Continue reading Freeman, Regina (on The Application of) v Department of Public Prosecution: Admn 5 Feb 2013
Using a hidden video camera, passively to film women in changing rooms, was an act of the camera owner, and constituted the insulting behaviour offence. Citations: Times 09-Dec-1997, [1998] 162 JPR 115 Statutes: Public Order Act 1986 5 Jurisdiction: England and Wales Cited by: Cited – Percy v Director of Public Prosecutions Admn 21-Dec-2001 The … Continue reading Vigon v Director of Public Prosecutions: QBD 9 Dec 1997
The defendant had been convicted in his absence of threating behaviour, but acquitted of racially aggravated threatening behaviour. The prosecutor appealed. On being asked to leave a hospital reception he had cursed the ‘lying Paki doctor’ who had assisted him on the evening before. Held: The appeal succeeded. In deciding whether an offence is racially … Continue reading Director of Public Prosecutions v Dykes: Admn 21 Oct 2008
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. He then struggled to escape and was arrested. Held: The appeal succeeded. At the … Continue reading Wood v Director of Public Prosecutions: Admn 14 May 2008
The applicant had successfully defended himself in person on a motoring charge, and appealed refusal of an order for costs in his favour. Loss of earnings. Citations: [2008] EWHC 948 (Admin) Links: Bailii Statutes: Prosecution of Offences Act 1985 19(1), Costs in Criminal Cases General Regulations 1986 3 Jurisdiction: England and Wales Magistrates, Costs Updated: … Continue reading Crowch, Regina (on the Application of) v Director of Public Prosecutions: Admn 15 Apr 2008
The defendant appealed his conviction for a racially aggravated use of abusive or insulting words or behaviour likely to cause a breach of the peace. The abuse had also an element of aggression because the victim wa a parking attendant. Held: The appeal failed. The fact that a motive was not the sole motive did … Continue reading Johnson v Director of Public Prosecutions: Admn 26 Feb 2008
Prosecutor’s appeal against dismissal of charge of using threatening or abusive words or behaviour. Officers stopping youths in street and searching for drugs. The defendant had challenged the admission of statements said to have been made at the scene by the defendants under Code C. After exclusion of the admissions, the prosecutor had offered no … Continue reading Director of Public Prosecutions v Lawrence: Admn 16 Jul 2007
Evans LJ discussed the offence of affray saying that the court can take into account the reaction of other people who were present: ‘are in no sense bound to conclude that the statutory test was not satisfied merely because those persons were not apparently affected, any more than they would be bound to conclude that … Continue reading Director of Public Prosecution v Cotcher: Admn 7 Dec 1992
The defendant’s brother was stopped and searched by a police officer. While this search was going on the defendant approached and swore at the PC on two occasions, interfering with the search. He was cautioned after the first swearing incident and arrested after the second. Held: Whether the person addressed is a police officer or … Continue reading Southard v Director of Public Prosecutions: Admn 9 Nov 2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress. Held: It was a quiet residential street late at night. The defendant had been shouting, and it was open … Continue reading Taylor v Director of Public Prosecutions: Admn 28 Apr 2006
The defendant appealed against his conviction for driving with excess alcohol. He complained that though the officers suspected him of having consumed alcohol, they asked him whether he had been drinking without cautioning him, and that no print out from the Intoximeter having been produced, there was no evidence on which he could be convicted. … Continue reading Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into consideration for the purpose. Held: When a challenge is made in court to … Continue reading Regina v Lancashire County Council ex parte Huddleston: CA 1986
The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004
The defendant had been naked, filming children playing. He had not been seen doing so. The court considered whether a conviction for disorderly conduct under section 5 required the presence of a third party. It was an express finding by the court that the behaviour was not seen by anybody else. Held: The defendant’s appeal … Continue reading Holloway v Director of Public Prosecutions: Admn 21 Oct 2004
The statement was issued as a gloss on the 1994 practice statement. A party wishing to restrict access to all or any part of an independent report prepared in support of an application for an administration order must be ready to support their application with proper reasons. Each application must be dealt with on its … Continue reading Practice Statement (Administration order: Reports): ChD 15 Apr 2002
The appellant had been approached and searched by police officers and swore at them. He now appealed against a conviction under section 5 of the 1986 Act. Held: The use of the word ‘fuck’ was common in such situations. Neither officer had claimed to have been alarmed or distressed by the use of the word, … Continue reading Harvey v Director of Public Prosecutions: Admn 17 Nov 2011
The plaintiff sought to restrain the publication of an article. The defendants asserted that they would justify what they said at trial by reference to a Polly Peck defence, as to which: ‘I cannot see why the Bonnard v Perryman principle should not be applied. Quite apart from any question of public interest in the … Continue reading Khashoggi v IPC Magazines Ltd: CA 1986
Citations: [2004] EWHC 464 (Admin) Links: Bailii Statutes: Crime and Disorder Act 1998, Public Order Act 1986 5 Jurisdiction: England and Wales Crime Updated: 10 June 2022; Ref: scu.194908
(Orse In re Pantmaenog Timber Co Ltd)The Receiver sought to use information obtained under section 236 (documents recovered from the directors’ solicitors) in disqualification proceedings. Held: The appeal succeeded. The Act had explicitly given the requisite powers to the receiver whether or not he was the liquidator. Nor was the purpose of the use restricted. … Continue reading Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003
The House considered the availability of duress as a defence on a charge of aiding and abetting murder. Referring to the basic elements of criminal liability, mens rea and actus reus: ‘Both terms have, however, justified themselves by their usefulness; and I shall myself employ them in their traditional senses – namely, actus reus to … Continue reading Director of Public Prosecutions for Northern Ireland v Lynch: HL 1975
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001
(Trinidad and Tobago) The appellant complained that he had not been treated fairly as a civil servant in having been passed over for promotion. He sought to appeal a finding on judicial review. Held: While some proceedings for judicial review require more elaborate procedures, it is in no sense an optional procedure to be contrasted … Continue reading Rajkumar v Lalla, Wooding, Mohammed, Walters, Seemungal, (Public Service Commission) and Baptiste (The Commissioner of Prisons): PC 29 Nov 2001
Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as … Continue reading Lingens v Austria: ECHR 8 Jul 1986
A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held that the carrying of such equipment in public even without overt threats or acts … Continue reading I v Director of Public Prosecutions etc: HL 8 Mar 2001
The claimant was subject to an order requiring him to obtain leave before commencing any civil proceedings. He commenced a private prosecution which the respondent later decided to take over and discontinue. He sought judicial review of that decision. He said that no leave was required because it was part of criminal proceedings not covered … Continue reading Ew v Director of Public Prosecutions and Others: CA 11 Feb 2010
The defendant appealed saying that the prosecution of him in connection with an incident outside a night club had been undertaken without disclosure of CCTV tape. Judges: Buxton LJ, Collins j Citations: [1999] EWHC Admin 11 Links: Bailii Statutes: Public Order Act 1986 4, Police Act 1986 89 Jurisdiction: England and Wales Crime Updated: 28 … Continue reading Director of Public Prosecutions v Chipping: Admn 11 Jan 1999
There was no necessary requirement for evidence from a victim perceiving the use insulting words or behaviour so as to actually feel threatened. Citations: Times 23-Jan-1997, (1996) 161 JP 203, [1996] EWHC Admin 314 Links: Bailii Statutes: Public Order Act 1986 4(1) Cited by: Applied – I v Director of Public Prosecutions etc HL 8-Mar-2001 … Continue reading Swanston v Director of Public Prosecutions: Admn 3 Dec 1996
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986
There had been an expropriation by Spanish decrees of shares in a Spanish company whose English subsidiary had rights in trade marks which it had sold to a Jersey company. The Spanish and English companies sought certain relief in relation to the trade marks, but the dispossessed proprietors sought to argue that the Spanish decrees … Continue reading Williams and Humbert Ltd v W and H Trade Marks (Jersey) Ltd: HL 1986
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. Held: There now exists no power in the courts to create new criminal offences. A new criminal offence could … Continue reading Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions: HL 1972
(Jamaica) The constitution provided that no person tried for a criminal offence and either convicted or acquitted should again be tried for that offence. It was asked whether this was to be treated as declaring the common law or as expressing the law on the subject differently. Held: ‘All the judges below have treated [section … Continue reading Director of Public Prosecutions v Nasralla: PC 1967
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, and he disclosed his note of the attendance on the plaintiff to the defendant. The note … Continue reading Goddard v Nationwide Building Society: CA 1986
(Grenada) The petitioner sought to appeal to the Board from Grenada. The powers conferred on the Board by the Acts of 1833 and 1844, and other later instruments, have superceded the old prerogative power formerly exercised by the King in Council. The 1967 Order was made under powers conferred by the Judicial Committee Act 1844 … Continue reading Mitchell v Director of Public Prosecutions of Grenada: PC 1986
The defendant director had resigned from the plaintiff company from dissatisfaction with its progress. He later received an order from the company’s former customer. The court considered the continuing duties of a company director after the termination of his appointment. Hutchinson J said: ‘It would, it seems to me, be surprising to find that directors … Continue reading Island Export Finance v Umunna: ChD 1986
The plaintiffs complained of the whole of one article and parts of two other articles published about them in The Observer. The defamatory sting was that Mr Asil Nadir (the fourth plaintiff) had deceived or negligently misled shareholders, investors, and members of the general public as to the operation of the first three plaintiffs, which … Continue reading Polly Peck PLC v Trelford: CA 1986
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
A company director who was resident overseas may be subject to disqualification proceedings. Citations: Ind Summary 03-May-1993 Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Citing: See Also – In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker CA 22-Feb-1993 The court has jurisdiction to order the public examination of a company … Continue reading Re Seagull Manufacturing Co Ltd: ChD 3 May 1993
There was a fracas on the landing in a council block of flats. Access to the landing was gained by an entry phone system controlled by the, occupants of the individual self contained flats. The question for the Divisional Court was whether the communal landing fell within the definition of a dwelling under section 8. … Continue reading Rukwira v Director of Public Prosecutions: Admn 1993
R appealed his conviction for unlawfully supplying a controlled drug. Officers claimed to have seen him, but the court agreed not to order disclosure of their observation location. Held: The appeal failed. It was important not to discourage members of the public from co-operating with the police. In the same way that an officer cannot … Continue reading Regina v Rankine: CACD 1986
The court was asked whether section 139 precluded a mental patient from applying for leave to move for judicial review. Held: A restriction on the bringing of civil or criminal proceedings imposed by the section 139 did not apply to proceedings for judicial review. Ackner LJ concluded that Parliament had not intended to bar the … Continue reading Ex parte Waldron: CA 1986
The court considered the power of an English court over a foreign resident under section 133. Held: In contrast with the private examination provisions, on its true construction section 133 applies to those who are within the class of persons specified in subsection (1), namely those who have voluntarily participated in the affairs of the … Continue reading In re Seagull Manufacturing Co Ltd: ChD 1992
The defendant, aged 11, appealed against his conviction of an offence under the Public Order Act 1986, on evidence that he had thrown bricks at a police vehicle. He had then fled the scene. Held: The conviction was quashed. The fact that the defendant had run away might have indicated no more than that he … Continue reading A v Director of Public Prosecutions: QBD 1992
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a different bench, facing additional charges. The justices purported to reverse the previous decision. … Continue reading Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986
The court gave general guidance on criminal practice. As to voluntary bills of indictment, to protect defendants: ‘save where there are good grounds for doing otherwise – (1) They must receive notice of an application for a Voluntary Bill with copies of all documents relied upon to support the application: (2) They must have an … Continue reading Consolidated Practice Direction: LCJ 2002
Several police officers obtained an order directing a new inquest in a case in which the coroner was held to have misdirected the jury in relation to a possible verdict of unlawful killing. The misdirection was severe, but the issues and law were complex. Notwithstanding that the coroner had been represented: ‘If an order for … Continue reading Regina v Hammersmith Coroner ex parte Gray: CA 1986
Communal landings outside flats in a block do not form part of a home. Citations: Times 09-Jun-1993 Statutes: Public Order Act 1986 4-2 Jurisdiction: England and Wales Crime Updated: 28 April 2022; Ref: scu.88912
The defendant appealed by case stated from his conviction for using a motor vehicle fitted with a siren. When stopped various items suggesting that driver might be providing an ambulance service were found. The siren was not used. Held: The test was: ‘is the vehicle concerned used (or primarily used) for conveying the sick, the … Continue reading Lord-Castle v Director of Public Prosecutions: QBD 23 Jan 2009
A preacher repeatedly displayed posters such as ‘Stop Homosexuality’ and ‘Stop Lesbianism’. He had been convicted of displaying a sign which was threatening abusive or insulting within the sight of a person likely to be caused harrassment alarm on distress. On one occasion a crowd of 30 or more had gathered outside his house. Held: … Continue reading Director of Public Prosecutions v Hammond: QBD 13 Jan 2004
Citations: [1997] EWHC Admin 319 Statutes: Public Order Act 1986 4 Jurisdiction: England and Wales Citing: Cited – Regina v Constanza CACD 6-Mar-1997 An assault committed if there was fear of violence created even though it might not ne an immediate threat. . . Lists of cited by and citing cases may be incomplete. Crime … Continue reading Valentine v Director of Public Prosecutions: Admn 24 Mar 1997
The court has jurisdiction to order the public examination of a company director in in a compulsory liquidation about the affairs of the company, even though he might not be within the jurisdiction. The court found no reasons of comity which would prevent those who voluntarily were officers or otherwise participated in the formation or … Continue reading In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker: CA 22 Feb 1993
The essentials of the basic section 5 offence require the court to be satisfied as to the accused’s subjective state of mind, namely that he intended that the representation should be, or was aware that it might be, threatening, abusive or insulting. Judges: Nolan LJ Citations: Times 18-Sep-1991 Statutes: Public Order Act 1986 5(1)(b) Jurisdiction: … Continue reading Director of Public Prosecutions v Clarke and Others: QBD 30 Jul 1991
Application by the Crown Prosecution Service for judicial review seeking an order quashing a costs order made against it and made under section 19 of the Prosecution of Offences Act 1985 (the 1985 Act) and the Costs in Criminal Cases (General) Regulation 1986 (the Regulations). Judges: Sharp LJ, Julian Knowles j Citations: [2017] EWHC 2987 … Continue reading Regina (Director of Public Prosecutions) v Aylesbury Crown Court and Another: Admn 24 Nov 2017
The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They appealed saying that the assemply had been on a public highway, and … Continue reading Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
Whether offence was racially aggravated – charge of using threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was religiously aggravated in accordance with section 28 of the Crime and Disorder Act 1998, contrary to section 5(1) of the Public … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005
Appeal by case stated from conviction of affray Judges: Lord Justice Pill Mrs Justice Rafferty Citations: [2010] EWHC 994 (Admin), (2010) 174 JP 367 Links: Bailii Statutes: Public Order Act 1986 3 Jurisdiction: England and Wales Crime Updated: 03 February 2022; Ref: scu.416114
Forum Non Conveniens Restated The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum. Held: ‘In the result, it seems to me that the solution of disputes about … Continue reading Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada: HL 1986
The landlord hoped to redevelop a site. The defendant was in possession as a business tenant pursuant to three successive leases for which orders had been made under section 38(4) of the 1954 Act excluding the operation of sections 24 to 28 of the Act. The last of the three leases expired on October 31 … Continue reading Cardiothoracic Institute v Shrewdcrest Ltd: ChD 1986
Tucker J [1998] EWHC Admin 1009 Public Order Act 1986 England and Wales Crime Updated: 07 January 2022; Ref: scu.139130
The appellant challenged her conviction for failing to comply with conditions imposed on a public demonstration. Her demonstration outside the Royal Courts of Justice had brought traffic to a standstill. At trial she had been refused permission to raise a fresh issue at trial, namely the proportionality of the condition. Held: The appeal was dismissed. … Continue reading James v Director of Public Prosecutions: Admn 13 Nov 2015
The defendant was convicted of causing actual bodily harm, mainly on the basis of statements which his wife and daughter had given to the police. His wife and daughter took advantage of their right not to give evidence at his trial and so could not be cross-examined on their statements. Held: Where a conviction is … Continue reading Unterpertinger v Austria: ECHR 24 Nov 1986
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The CAA challenged the decision of the DPP to take over and discontinue its private prosecution of Mr Ali under section 5 of the Public Order Act 1986 for statements he made at a rally which he led in Central London on 18 June 2017. Under section 5, it is an offence to use abusive … Continue reading Campaign Against Antisemitism v Director of Public Prosecutions: Admn 9 Jan 2019
The defendant apealed against his conviction for having taken part in a public procession, a a Critical Mass Cycle Ride, knowingly in breach of conditions attached to it by the Police. The defendant had argued that the ride was not a procession. Held: The appeal failed. ‘The power to give directions is to be used, … Continue reading Powlesland v Director of Public Prosecutions: Admn 9 Dec 2013
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
Weighing Interest of Seeker of Judicial Review The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in contemplation which, if carried … Continue reading Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc: CA 14 Mar 1986
Nature of Confidentiality in Information The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose. Held: The information and the advantage flowing … Continue reading Faccenda Chicken Ltd v Fowler: CA 1986
The court was asked whether a police constable was a person likely to be caused harassment, alarm or distress contrary to s. 5(1)(a) of the Public Order Act 1986. Held: Glidewell LJ discussed the offence under section 5 where words used toward the police officer were the basis of the charge: ‘I find nothing in … Continue reading Director of Public Prosecutions v Orum: 1988
No fear, no offence The defendant appealed against a conviction under section 4 of the 1986 Act. He had punched the victim unexpectedly and from behind, knocking him out. He argued that there was no evidence that he had caused the victim to believe that violence was to be used. Held: While the evidence brought … Continue reading Hughes v Director of Public Prosecutions: Admn 31 Jan 2012
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
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
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a parade celebrating the return of an army regiment from Afghanistan, but had demonstrated against the war. … Continue reading Abdul and Others v Director of Public Prosecutions: Admn 16 Feb 2011
Dwelling did not include the garden The DPP appealed by case stated from a decision dismissing a prosecution for racially aggravated use of threatening words or behaviour. Both parties, neighbours, had been in their back gardens when the defendant was said to have shouted racial abuse. The magistrates had accepted a subission that the parties … Continue reading The Director of Public Prosecutions v Distill: Admn 8 Sep 2017
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .