CPS Leicester, R. v

CPS Leicester, R. v

A police cell is not a home or 'other living accommodation' within the meaning of section 8 of the Public Order Act 1986; therefore, the exception in section 4A(2) does not apply and the offence can be committed in a police cell.

Parties
Appellant: CF; Respondent: CPS Leicester
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Criminal Appeal / Appeal Against Trial Judge's Ruling Prior to Jury Trial
Outcome
appeal allowed
Legal Topics
Racially Aggravated Offences, Public Order Offences, Statutory Interpretation
Criminal Law Racially Aggravated Offences Public Order Offences Statutory Interpretation

Case Brief

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Parties

CF

Appellant

CPS Leicester

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Trial Judge's Ruling Prior to Jury Trial

Legal Issues

  1. 1 Whether an offence under section 4A of the Public Order Act 1986 can be committed in a police cell
  2. 2 Whether a police cell constitutes 'other living accommodation' under section 8 of the Public Order Act 1986

Ratio Decidendi

A police cell is not a home or 'other living accommodation' within the meaning of section 8 of the Public Order Act 1986; therefore, the exception in section 4A(2) does not apply and the offence can be committed in a police cell.

Court Disposition

appeal allowed

Orders

  • Case remitted for a fresh trial at Leicester Crown Court or other convenient venue
  • Reporting restrictions lifted