Director of Public Prosecutions v Chippendale

Director of Public Prosecutions v Chippendale

A warning about racially aggravated conduct is required for lawful arrest under section 31(3), but is not an ingredient of the offence under section 31(1)(c); unlawful arrest does not invalidate prosecution if the offence is otherwise proved.

Parties
Claimant: Director of Public Prosecutions; Defendant: Chippendale
Jurisdiction
England and Wales
Judgment Date
30 January 2004
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal From Magistrates' Court Decision
Outcome
appeal allowed
Legal Topics
Racially Aggravated Offences, Public Order Offences, Unlawful Arrest, Procedural Requirements for Arrest
Criminal Law Racially Aggravated Offences Public Order Offences Unlawful Arrest Procedural Requirements for Arrest

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Parties

Director of Public Prosecutions

Claimant

Chippendale

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal From Magistrates' Court Decision

Legal Issues

  1. 1 Whether a warning about racially aggravated conduct is a necessary precondition for lawful arrest under section 31(3) of the Crime and Disorder Act 1998
  2. 2 Whether a warning is a necessary ingredient of the offence under section 31(1)(c) of the Crime and Disorder Act 1998
  3. 3 Whether unlawful arrest invalidates subsequent prosecution for the offence

Ratio Decidendi

A warning about racially aggravated conduct is required for lawful arrest under section 31(3), but is not an ingredient of the offence under section 31(1)(c); unlawful arrest does not invalidate prosecution if the offence is otherwise proved.

Court Disposition

appeal allowed

Orders

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