DPP v Chivers [2010] EWHC 1814 (Admin) (23 June 2010)

DPP v Chivers [2010] EWHC 1814 (Admin) (23 June 2010)

The term 'land' in section 68 of the Criminal Justice and Public Order Act 1994, as amended, includes buildings because the exclusion of buildings in section 61(9)(a) does not apply to section 68, and the removal of 'in the open air' by the 2003 amendment was intended to extend the offence to buildings.

Citation
[2010] EWHC 1814 (Admin)
Parties
Claimant: DPP; Defendant: Chivers
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Court
Outcome
Appeal allowed
Legal Topics
Aggravated Trespass, Definition of Land, Criminal Justice and Public Order Act 1994, Interpretation Act 1978
Criminal Law Statutory Interpretation Aggravated Trespass Definition of Land Criminal Justice and Public Order Act 1994 Interpretation Act 1978

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

DPP

Claimant

Chivers

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether 'land' in sections 68 and 69 of the Criminal Justice and Public Order Act 1994 includes buildings after amendment by the Anti-Social Behaviour Act 2003

Ratio Decidendi

The term 'land' in section 68 of the Criminal Justice and Public Order Act 1994, as amended, includes buildings because the exclusion of buildings in section 61(9)(a) does not apply to section 68, and the removal of 'in the open air' by the 2003 amendment was intended to extend the offence to buildings.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Magistrates' Court with a direction to continue the hearing