AFY & Ors, R. v [2025] EWCA Crim 769 (07 May 2025)

AFY & Ors, R. v [2025] EWCA Crim 769 (07 May 2025)

A right under section 78(1)(b)(ii) is one the general public is entitled to exercise or enjoy, even if subject to conditions; obstruction need not be total or protracted, and proof of actual attempted exercise is not required.

Citation
[2025] EWCA Crim 769
Parties
Applicant: Rex; Respondent: AFY; Respondent: BQF; Respondent: BRS; Respondent: AKK; Respondent: AIK; Respondent: AKR
Jurisdiction
England and Wales
Judgment Date
07 May 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Ruling of No Case to Answer
Outcome
Partial publication of anonymised judgment permitted; reporting restrictions otherwise maintained.
Legal Topics
Public Nuisance, Statutory Interpretation, Police, Crime, Sentencing and Courts Act 2022, Section 78 Offences, Protest Law
Criminal Law Public Nuisance Statutory Interpretation Police, Crime, Sentencing and Courts Act 2022 Section 78 Offences Protest Law

Case Brief

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Parties

Rex

Applicant

AFY

Respondent

BQF

Respondent

BRS

Respondent

AKK

Respondent

AIK

Respondent

AKR

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Ruling of No Case to Answer

Legal Issues

  1. 1 Proper interpretation of section 78 of the Police, Crime, Sentencing and Courts Act 2022
  2. 2 Whether employees and visitors to private premises are exercising a right that may be exercised or enjoyed by the public at large under section 78(1)(b)(ii)
  3. 3 Whether obstruction must wholly prevent exercise of a right or can include partial obstruction

Ratio Decidendi

A right under section 78(1)(b)(ii) is one the general public is entitled to exercise or enjoy, even if subject to conditions; obstruction need not be total or protracted, and proof of actual attempted exercise is not required.

Court Disposition

Partial publication of anonymised judgment permitted; reporting restrictions otherwise maintained.

Orders

  • Permit publication of anonymised part judgment limited to points of principle.
  • Reporting restrictions under section 71 of the Criminal Justice Act 2003 to continue except for the part judgment.