The offence of establishing a radio station without a licence is an absolute offence; no knowledge or mens rea was needed. The presumption that mens rea was required could be rebutted where the offence concerned an issue of public safety. Citations: Times 14-Aug-1996, [1996] EWCA Crim 729, [1997] 1 Cr App R 209, [1997] 1 … Continue reading Regina v Blake: CACD 31 Jul 1996
Those advertising and selling devices which were designed to detect the presence of police radar speed devices commit the offence of incitement under section 1(1) of the 1949 Act which required a licence for the use of such apparatus. [1976] RTR 251, [1976] Crim LR 131 Wireless Telegraphy Act 1949 1(1) England and Wales Cited … Continue reading Invicta Plastics Limited v Clare: QBD 1976
A device which tested for police radar speed check did not intercept a message between persons and therefore was not unlawful. ‘a signal in this context is not a mere electronic impulse but is rather a sign or something of meaning to another person. Mr McGuinness clearly cannot and does not submit that the emission … Continue reading Regina v Knightsbridge Crown Court ex parte Foot: Admn 29 Jan 1998
