Director of Public Prosecutions v Chippendale [2004] EWHC 464 (Admin) (30 January 2004)

Director of Public Prosecutions v Chippendale [2004] EWHC 464 (Admin) (30 January 2004)

A warning specifically relating to racially aggravated conduct is required for a lawful arrest under section 31(3) of the Crime and Disorder Act 1998, but such a warning is not an essential ingredient of the offence under section 31(1)(c); therefore, an unlawful arrest does not preclude prosecution if the offence is...

Source-derived case information.

Citation
[2004] EWHC 464 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Chippendale
Jurisdiction
England and Wales
Judgment Date
30 January 2004
Procedural Posture
Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court Acquittal
Outcome
appeal allowed
Legal Topics
Racially Aggravated Offences, Public Order Offences, Powers of Arrest, Procedural Requirements for Arrest
Criminal Law Racially Aggravated Offences Public Order Offences Powers of Arrest Procedural Requirements for Arrest

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Parties

Director of Public Prosecutions

Claimant

Chippendale

Defendant

Procedural Posture

Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court Acquittal

Legal Issues

  1. 1 Whether a warning specifically relating to racially aggravated conduct is required before arrest under section 31(3) of the Crime and Disorder Act 1998
  2. 2 Whether a warning is an essential ingredient of the racially aggravated offence under section 31(1)(c) of the Crime and Disorder Act 1998
  3. 3 Whether an unlawful arrest invalidates subsequent prosecution for the offence

Ratio Decidendi

A warning specifically relating to racially aggravated conduct is required for a lawful arrest under section 31(3) of the Crime and Disorder Act 1998, but such a warning is not an essential ingredient of the offence under section 31(1)(c); therefore, an unlawful arrest does not preclude prosecution if the offence is otherwise made out.

Court Disposition

appeal allowed

Orders

  • case remitted to justices for rehearing
  • no order as to costs