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Criminal Law – Trespassory assembly – Requirements – Order in force prohibiting assembly of 20 or more persons – Appellants taking part in peaceful and non-obstructive assembly of more than 20 persons on public highway – Assembly peaceful and not obstructing highway – Area of assembly subject to order prohibiting trespassory assemblies – Whether peaceful and non-obstructive assembly on public highway a trespass – Whether public’s right of access to highway exceeded – Public Order Act 1986, ss 14A, 14B.
Notes
This important case establishes that the right of the public to use the highway extends to the right to peaceful assembly, so long as the assembly does not obstruct the highway. The prosecution in the case had tried to argue that the defendants were in breach of an order made under Section 14A of the Public Order Act 1986 prohibiting "trespassory assemblies" from taking place. It was ruled that in the particular circumstances of this case, use of the highway did not amount to trespass and that therefore the defendants wer not in breach.
This case upholds and expands upon the principle established in Hirst that reasonable use of the highway is not restricted to passage and repassage, but may for protest and in this case peaceful assembly as well. It could be useful where you have been charged with obstructing the highway during the course of a peaceful protest march along the highway.
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