Nicol and Another v Director of Public Prosecutions: QBD 22 Nov 1995

The defendant’s behaviour complained of must be at least unreasonable if not unlawful to found a binding over for breach of the peace. Simon Brown LJ said: ‘the court would surely not find a s.115 complaint proved if any violence likely to have been provoked on the part of others would be not merely unlawful but wholly unreasonable — as, of course, it would be if the defendant’s conduct was not merely lawful but such as in no material way interfered with the other’s rights.’


Simon Brown LJ


Times 22-Nov-1995, [1995] 160 JP 155


Magistrates Courts Act 1980 115

Cited by:

CitedHammond v Director of Public Prosecutions Admn 13-Jan-2004
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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 09 April 2022; Ref: scu.84301